Some people may use bank cards to do illegal things. If they still have their own ID information, it is best to borrow money online. If they have the ability to repay, they can only repay themselves. Unfortunately, it's just them. Therefore, if you want to borrow a bank card to post, you must find out their purpose, otherwise it is not recommended that you borrow it no matter how good the relationship is.
It is ok to use the bank card for others voluntarily. This is not illegal, but responsible. The real-name registration system of bank cards is used by users according to regulations, and it is strictly forbidden to rent or lend bank cards. What's the impact of lending your bank card to others? First of all, lending the bank card to others violates the regulations of the People's Bank of China on bank card management. Second, if they use their cards to launder money or engage in other illegal transactions, you will be jointly and severally liable.
1. According to Article 28 of Chapter 5 of the Measures for the Administration of Bank Card Business of the People's Bank of China, when applying for a bank card, an individual shall provide the issuing bank with a valid identity document designated by the public security department, and open a registered account for him after passing the examination by the issuing bank. Bank cards and their accounts can only be used by cardholders approved by the issuing bank, and may not be rented or lent.
When customers apply for bank cards, they have established contractual relationships with both banks. This contractual relationship is non-transferable. Therefore, if the customer transfers the bank card without the consent of the bank, it means that the customer transfers and changes his contractual rights and obligations, which is both a breach of contract and an invalid act.
One: It may be illegal to lend your bank card to others.
The bank stipulates that all credit cards and debit cards are for my personal use only. If I lend my credit card to others, I will bear any consequences arising therefrom. If there are criminal acts such as drug trafficking, money laundering, smuggling, fraud, or economic disputes with others, public security personnel will investigate through their ID cards and bank cards.
When applying for a bank card, an individual shall provide the card issuer with his valid identity certificate designated by the public security department, and open a registered account for him after passing the examination by the card issuer;
Units that open basic deposit account in domestic financial institutions shall apply for the unit card with the account opening permit issued by the People's Bank of China;
1. Bank cards and their accounts can only be used by cardholders recognized by card issuers, and may not be rented or lent.
2. It is illegal for the company to pay the payment to the personal account, which violates the accounting law and financial accounting standards and is suspected of tax evasion.
3. Employees directly deposit the received funds into personal accounts without the consent of the unit, which is an act of misappropriating funds. If the circumstances are serious, it may constitute a crime of misappropriating funds, and criminal responsibility shall be investigated according to law.
4. If there is only a personal account, it may also involve tax evasion. This is also illegal. If they are found, they will be fined, their illegal income will be confiscated and even subject to criminal punishment. Therefore, it is illegal to use this account. No matter what form it takes, it is illegal and will be punished by law.
My friend borrowed money, and he wanted to transfer it through my account. Does it affect me?
If your friend borrows money, don't let him transfer it through your account. In this case, it is very likely that if there are some problems in the future, it will affect your personal credit information.
The so-called brothers, clear accounts, even your own brothers, you should try not to let him go especially boldly in money. Because once there is more money, anyone can betray anyone.
Your friend should have his own means or assets to get a loan. If he fails to get a loan from you in the future, he is likely to regard you as a guarantor in disguise.
So, it is very likely that you will pay him back some money. In the end, you will really pay back the money, which will make you feel bad. If that happens, it's something you can't regret.
I think you'd better live your own life and don't touch this kind of money deal with your friends. In case you put yourself in, you may lose more than you gain. Everything you have now may be lost because of your friends, so don't take such a risk.
Can someone deduct my bank card?
Don't use your own bank card to deduct money from others easily. Bank management stipulates that bank cards are only allowed to be used by cardholders themselves. Bank card deduction to others may involve some illegal acts. For example, using your bank card to obtain illegal gains or benefits, bribing and transferring money, is used to defraud and collect money, and may also be used to launder money. Cardholders should bear corresponding legal responsibilities if they use their own bank cards for these activities. Legal basis: Article 193rd of the Criminal Law of People's Republic of China (PRC) commits one of the following acts. Whoever defrauds a bank or other financial institution of loans for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: he fabricated false reasons such as introducing funds and projects; Using false economic contracts; Using false documents; Using false property rights certificates as collateral or repeatedly guaranteeing beyond the value of collateral; Defrauding loans by other means. Article 196 Whoever commits credit card fraud under any of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: using a forged credit card or using a credit card fraudulently obtained with false identification; Use an invalid credit card; Fraudulent use of other people's credit cards; Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
Someone borrowed money from my bank card?
It is recommended that others borrow money with their own bank cards with caution, and they may have to bear the responsibility of repayment to prevent being deceived. If your friend uses your card as a collection card, your bank card will attract the attention of tax authorities and financial supervision departments such as banks, and you may be required to pay taxes or explain the source of some transaction funds.
Matters needing attention when signing entrusted loan contract
1. Units and individuals that entrust financial institutions to handle entrusted loans must open a special account for entrusted loan funds in their entrusted financial institutions when handling entrusted loan business, and deposit the entrusted loans into the account. The total entrusted loans shall not exceed the total entrusted deposits.
2. The borrower, purpose, amount, term and interest rate of the entrusted loan shall be decided by the entrusting unit independently, but it shall comply with the relevant national policies and regulations.
The client shall examine the borrower's situation when determining the loan object. The borrower should have independent legal personality, sound organizational structure and fixed business premises, a certain proportion of its own funds, good business performance and performance ability. If a loan guarantor is needed, the customer should also check the guarantor's guarantee qualification and loan repayment ability. The client should also review the legality of the loan purpose, and determine the loan interest rate within the scope permitted by the policy according to the different types of loans and the interest rates of the same type and term in the country.
3 entrusted loans belong to fixed assets investment loans, which must be incorporated into the national fixed assets investment plan and can only be handled with the official documents approved by the relevant departments.
4. Financial institutions that accept entrusted loans do not bear the economic responsibility for entrusted loan risks. If the borrower fails to repay the principal and interest of the loan due to poor management or other reasons, the financial institution will not assume the responsibility of repaying the principal and interest on behalf of the borrower.
Financial institutions accepting entrusted loans should check the loan object, purpose, amount, term, interest rate, project feasibility and project approval procedures specified by the client before signing the entrusted loan contract with the client. This is not only a review of whether the entrusted loan conforms to the relevant national policies and laws, but also a responsibility for the safety of the loan.
5. The trustee should not only review the materials provided by the client, but also investigate the qualifications and operation of the borrower, the qualifications and guarantee ability of the loan guarantor and the feasibility of the project. When problems are found, they should inform the client in time and listen to the handling opinions of the client. Only when both parties think there is no problem can the contract be signed.
My friend borrowed money, and he wanted to transfer it through my account. Does it affect me?
If it is a normal transaction, it has no effect on you and your account.
The transfer of general loans will be transferred to the lender's account, but not to the designated account. Your friend can't control it freely or transfer money through your account until he gets the loan. At present, banks and loans require borrowers to transfer money to third-party accounts other than their own to prove that they are operating and using normally, which will not have any impact on you. For you, it should be noted that money cannot be directly returned to the borrower's account. If you suspect that direct remittance to my account is fraud, it is recommended to go directly to the bank counter to handle the existing business, and do not transfer money. If the bank transfers money, it is best to transfer it to five accounts before returning to the borrower's account.
If he uses your loan, then you are the guarantor. Once something goes wrong, the bank will give you trouble first, which is more difficult. I suggest you lend it to a reliable person, who has a close relationship and has the ability to repay. Otherwise, it is best not to borrow it, in case of accidents in the future.
1. The legal liabilities of the guarantor include joint and several guarantees and general guarantees;
Joint guarantee means that as long as the debtor fails to repay the loan at maturity, the creditor can choose the debtor or guarantor to claim the debt;
The responsibilities of general guarantors are different. It should be that when the debtor fails to repay the debt at maturity, the guarantor may not bear the responsibility before the loan dispute is tried or arbitrated by the court and the debtor's property is enforced according to law.
2. The law also stipulates that if there is no general guarantee or joint guarantee when signing a guarantee contract, it is regarded as joint guarantee. So, you said that if you don't specify what the guarantee is, it will be treated as joint guarantee. In other words, if your uncle doesn't pay back when due, the credit union can choose whether to sue your uncle or all six of your guarantors, or just sue one of them to pay off all the debts.
3. "My father and I only signed, and nothing else was filled in";
Signing at the guarantor or in the guarantee contract is an effective guarantee contract or guarantee clause.
Nothing else is written, it should be a joint guarantee, which is not good for you.
4. "If my uncle doesn't pay me back, what responsibility will my family bear? How much to bear? " :
If your uncle doesn't pay you back, your family should be jointly and severally liable for all your uncle's loans.
As for how much your family bears, it depends on how the credit union chooses. If you choose to sue all six guarantors, you and your father may bear all debts 1/6, and your father and son will always bear all debts 1/3. If the bank only sues one of the six guarantors to bear all the debts, it may also bear all the debts.
5. "If my uncle deliberately refuses to pay back, or if the bank intends to help him hide his property? What measures should my family take? He has a good relationship with the director of the credit union! " Your family can provide your uncle's financial clues to the credit union, and it is best to leave evidence. If the credit union fails to take measures to preserve the property and enforce the lawsuit after you provide your uncle's financial clues, your family can claim to be exempted from the guarantee responsibility within the scope of the property clues you provide.
7. "Now ask me to guarantee, because he is my uncle, I can't say no! Because of the relationship between my family and my uncle, will the bank let my family take full responsibility? " :
There is no way to say "no": then you may have to bear the responsibility and loss because of your face.
The bank can't ask you to take full responsibility because of your relationship with your uncle, only because of your role in the guarantee contract. If it is a joint guarantee, even if he is not your uncle, but you are two unrelated people, the bank can also ask you to take full responsibility. Of course, you and your father and other guarantors, after assuming the guarantee responsibility and paying off your uncle's debts, can recover from your uncle within the scope of paying off the debts.
8. "There is my uncle's second son in the guarantor. Can you make him bear all this? " You have no right to ask for it, but the bank has the right to ask his second son to repay it in full.
9. "If the bank lets me and my father bear the burden, can I ask the court to check the lender's property? What should I do if I question his repayment ability and don't repay it? " :
The court will not take the initiative to "check" his property, even if you ask. If you think he has property, you can provide property clues to banks and courts. But if you are a joint guarantor, as long as the bank sues you, you have no right to demand that you should not pay your debts without suing or arbitrating your uncle's property, just because it is a joint guarantee.
After the debt expires, you can provide the bank with clues about your uncle's property. If the bank fails to take measures in time after receiving it, you can submit to the court the evidence that you have informed the bank debtor of the property clue in time, so as to claim that you are exempted from your guarantee responsibility within the scope of the property clue provided by you.
10 "Apply for property preservation, apply to the court or apply to the credit union? If there is communication between them, will the application be detained? " :
Property preservation is the right of plaintiff or counterclaim. If you are the defendant and joint guarantor, you have no right to apply for property preservation.
If you apply for property preservation: you can only apply to the court, and the bank has no right to accept the application for preservation or take preservation measures.
1 1. "What if the bank asks my family to bear all the expenses? Can I apply for a commitment? More opportunities ":
If you are a co-guarantor: no application, no possibility.
If it is clearly stated in the contract that you are the general guarantor, your family can't bear the responsibility until the bank sues or arbitrates your uncle's property and executes it.
12, suggestions:
Next time you guarantee, you should think clearly and write down the nature of the guarantee anyway.
If you can, you can ask your uncle to counter-guarantee for you and mortgage or pledge your property with real estate or vehicles.
Usually pay attention to find out uncle's property clues in case of emergency.
When you are not sure, you'd better not vouch for others.