The Legal Regulations On Non-governmental Lending Intermediary

Professionally engaged in civil mortgage loans, non-governmental lendingintermediary is an intermediary organization, which develops quickly in part cities ofChina, and whose major business is to be a bridge for both lenders and borrowers, soas to set up a loan relationship between the two. As a bridge of private lending and animportant part of its process, non-governmental lending intermediary directly affectsthe establishment of the loan relationship. However, as a result of the lack of effectivelegal regulation and guidance，non-governmental produces a series of problems in theprocess of development at present, such as organizational form of chaos and theproblem of unauthorized operation, etc.This thesis selects the non-governmental lending intermediary in Taizhou as theresearch object, thinking about how to regular it legally. The thesis is divided intothree chapters. The first chapter mainly introduces the present development situationand its existing problems, by the way of on-the-spot investigation to obtain the data.This part introduces the non-governmental lending intermediary’s organization form,the mode of its business operation and the background of its rise, briefly analyses theevolution process of its organizational forms and the mode of its business operation,and states its regulation difficulties, which are mainly how to construct itsorganizational form and how to definite and select its mode of business operation tobe as the introduction of second part. The second chapter takes the organization formand the mode business operation of non-governmental lending intermediary as thebreakthrough point, discusses the present situation and the defects in legislation,points out the shortages of current legislation, which are the lack of legal status ofprivate lending intermediary companies, less supervision to them, and a lack of accessrestrictions to the natural person，and with the definition of the four modes of businessoperation and the analysis of their violations to be or not to be. The third chapter is theconclusion part of this thesis, concluding how to regular the non-governmentallending intermediary. In this part, the author firstly clarifies the non-governmentallending intermediary’s legal status and legal nature with its status as the beginning, then sets requirements of the organizational forms, the mode business operation andthe registered capital for the non-governmental lending intermediary with setting upthe access threshold and its rights and obligations, and finally constructs itsmulti-level supervision model.