National dispatch hits a net to borrow random elephant: Prohibit coverting collection " behead ceas

"Behead ceases " be when showing lender pays borrower borrow or lend money, deduct brushstroke money beforehand, this share cash is " behead ceases " . For instance borrower loan 10000 yuan, lender deducts interest directly 2000 yuan, borrower actually in one's hand loan has 8000 yuan only.

In fact when a lot of nets borrow a company to pay borrow or lend money to usurer now, the money that deducts from inside loan beforehand is the name that waits for interest of loan of charge and rather than with serving cost, poundage.

By Internet banking venture net of office of group of leader of special repair work, P2P shifts a risk office of group of leader of special repair work on December 1, 2017 print and distribute carries out " rectify about the standard " cash borrows " the announcement of business " point out: "Must not be matched or covert match not the leasehold business that be good law sets about interest rate; Prohibit deducting accrual, poundage, administration fee, bail and set from the go ahead of the rest in leasehold capital accrual of exceed the time limit of high specified number, fine for delaying payment, punish breath. Prohibit deducting accrual, poundage, administration fee, bail and set from the go ahead of the rest in leasehold capital accrual of exceed the time limit of high specified number, fine for delaying payment, punish breath..

P2P network is leasehold special repair work heads the venture group office and allotted on December 8, 2017 " small finance company network is small loan business risk is special punish implements plan " requirement: "Will be opposite with all sorts of charge forms with interest rate the scale computation of all loan cost of borrower collection and loan principal is integrated and effective interest rate, and convert is year change a form. The platoon checks integrated and effective interest rate to whether accord with the regulation of top people court about civilian leasehold interest rate. Whether to exist to deduct interest from the go ahead of the rest in loan principal, poundage, accrual of exceed the time limit of high specified number of administration fee, bail or set, fine for delaying payment, penalize the behaviour such as breath. Specified amount of integrated and effective interest rate, loan is spent, whether is the crucial information such as means of loan time limit, reimbursement and processing of exceed the time limit the thing is forward borrower is comprehensive, be announced adequately and hint relevant risk. Be announced adequately and hint relevant risk..

That is to say, if the net borrows a company to deduct the each service fee of borrower, poundage beforehand, whether does this money general accord with top people court as integrated accrual computation the regulation about civilian leasehold interest rate. (specific provision is clicked on the right side of the specific provision that La Zi examines → folk leasehold interest rate)

The loan that is like borrower to receive has been deducted beforehand " behead ceases " , criterion the loan amount that borrower can receive actually is calculated for capital loan interest, exceed the partial interest that law provides, need not grant to return still.

" contract law of People's Republic of China " the 200th regulation: "The accrual of loan must not be deducted in preexistence capital beforehand. Accrual deducts in capital beforehand, ought to return according to amount of real borrow or lend money return borrow or lend money and computational accrual.

The picture originates network