Shouldn't bear it. The formal guarantee company provides the guarantee, and the risk is borne by the guarantee company. The customer uses the provident fund, and now there is a loan under his name. This responsible intermediary should not bear it. Provident fund usually refers to housing provident fund, and sometimes also refers to company provident fund.
Is it the responsibility of the bank to find an intermediary to borrow money from the bank and be cheated?
Is it the responsibility of the bank to find an intermediary to borrow money from the bank and be cheated? 1, it depends. Generally speaking, there is a little responsibility.
2, in the following two cases, the intermediary shall bear the responsibility:
(1) The intermediary knows or should know that the customer is a liar but does not tell you;
(2) The intermediary failed to fulfill the corresponding review obligations. Where a broker intentionally conceals important facts related to the conclusion of a contract or provides false information, which harms the interests of the client, he shall not demand a reminder and shall be liable for damages.
How does the loan intermediary qualitatively detain?
A loan intermediary is an institution that connects banks and small and medium-sized enterprises, helps them lend money and charges a certain fee. If you simply introduce the way of borrowing, you will generally not touch criminal responsibility. However, if the intermediary fraudulently obtains loans from banks or other financial institutions by fabricating facts or forging economic contracts, it may constitute the crime of lending as stipulated in the criminal law and will be detained. The conditions that need to be met are:
(a) loans of more than 40 thousand yuan and less than 50 thousand yuan, one of the following circumstances, that there are other serious circumstances. The loan is 40,000 yuan, and the benchmark sentence is five years; For every 800 yuan increase, the sentence will be increased by one month; If there is any increase, the sentence will be increased by six months:
1. bribing the staff of a bank or financial institution to defraud a large amount of loans;
2, squandering loans or using loans for illegal activities, resulting in loans that cannot be repaid at maturity;
3. Concealing the whereabouts of the loan and refusing to repay it after the expiration of the loan period;
4, provide false guarantee to apply for a loan, after the expiration of the loan period, refused to repay;
5. Apply for a loan in the name of another person and refuse to repay the loan after the loan term expires.
(two) the loan is less than 50 thousand yuan, and the benchmark punishment is five years; For every increase of 3,500 yuan, the sentence will be increased by one month; Every time one of the circumstances specified in the first paragraph is added, the sentence is increased by six months.
Loans of 6,543,800+600,000 yuan but less than 200,000 yuan shall be deemed as "other circumstances are particularly serious" under any of the following circumstances. If the loan is 6.5438+0.6 million yuan, the benchmark penalty interest will be ten years; For every additional 4,000 yuan, the sentence will be increased by one month; If there is any increase, the sentence will be increased by one year:
1. Bribing a huge amount of money to the staff of a bank or financial institution in order to defraud loans;
2. Run away with the loan;
3, the use of loans for criminal activities.
legal ground
Article 193 of the Criminal Law of People's Republic of China (PRC) commits one of the following crimes: whoever borrows a large amount from a bank or other financial institution for the purpose of illegal possession 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 especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property: (1) fabricating false reasons such as introducing funds and projects; (two) the use of false economic contracts; (3) using false documents; (four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral; (5) Loans in other ways.
What are the obligations and responsibilities of private lending intermediary companies? Thank you for your answers!
The intermediary of non-governmental lending (non-governmental lending intermediary company) has the function of persuading the lender to lend money to a specific borrower, or persuading the borrower to borrow money from a specific lender, thus prompting the two parties to establish a lending relationship in terms of loan amount, interest rate and term. The bona fide intermediary does not enjoy any substantive rights or undertake any substantive obligations in the private lending relationship.
If the lender is unable to recover the loan due to the malicious behavior of the broker, according to Articles 58 and 6 1 of the General Principles of Civil Law and Articles 52 and 58 of the Contract Law, the broker shall bear corresponding civil liabilities, that is, compensate the lender for the corresponding losses, except that the private loan contract is invalid.
At present, P2P online lending is very popular. From a legal point of view, the online lending platform is an intermediary. Lenders and borrowers form a lending relationship through the online lending platform. Online lending platform providers only provide media services, and the parties require them to bear the guarantee responsibility, but the people do not support it.
If the online loan platform provider explicitly provides guarantee for the loan through the media such as web pages and advertisements, or there is other evidence to prove that the lender requests the online loan platform provider to assume the guarantee responsibility, the people should support it. That is to say, according to the above provisions, if the online lending platform does not explicitly provide guarantee as an intermediary, the online lending platform does not assume the guarantee responsibility.
According to the relevant provisions of Article 424 of People's Republic of China (PRC) Contract Law: "An intermediary contract is a contract in which the intermediary reports the opportunity to conclude a contract to the client or provides media services for concluding a contract, and the client pays the remuneration."
Therefore, the so-called intermediary refers to a system in which the intermediary reports the opportunity to conclude a contract to the client or provides media services for concluding a contract, and the client pays remuneration. Intermediaries are intermediaries who report information opportunities or provide media contacts for clients to conduct civil legal acts with third parties.
Extended data
1. An intermediary contract is a contract in which an intermediary provides intermediary services to the principal. Brokers report opportunities for concluding contracts to customers or provide media services for concluding contracts. Whether the client concludes a contract with a third party has nothing to do with the broker, and the broker is not a party to the contract between the client and the third party.
2. The broker has no right to interfere in the contract between the customer and the third party. The middleman is only responsible for reporting the opportunity to conclude a contract to the client or mediating for the client to sign a contract with a third party, conveying the meaning of both parties and playing the role of a bridge, and has no substantive right to intervene in the contract.
3. Intermediary contract is a two-way, paid and non-concluded contract.