Private Lending Subject Identification And Other Cost Analysis

In recent years,with the adjustment and liberalization of private lending policies and regulations,carry out financing activities among legal persons,unlegal organizations and natural persons for production and living needs,it has played an extremely important role in the development of the real economy.Private lenders,financial institutions supervised by the People’s Bank of China and local financial institutions supervised by local financial authorities play an important role in the credit capital market.Based on private accumulation of idle capital and driven by personal interests,in order to increase the source of income,some private lenders,expand the channels for the distribution of funds,to make professional loans to third parties who are not fixed in society.Reduce the number of approvals for loans,to make loans to people with low credit ratings and poor repayment ability.Some borrowers are behind on their payments,the main body of the fund is to recover the principal and interest,in the case of recourse by violence or other means,or recourse by court action,bring instability to the society.This paper analyzes the main body of private lending from practice,clarify the relationship between local financial institutions,professional lenders and other lending entities,in three parts,this paper expounds the conditions for the identification of private lenders as professional lenders and other costs.The first part discusses the concept of private lending subject,by analyzing the main characteristics of private lending,it is concluded that the main body of private lending cannot be a banking financial institution,when local financial institutions borrow money to carry out unrelated financial operations,it can be regarded as the legal relationship of private lending in combination with the expression of intention and agreed content of both parties.The second part discusses the concept of professional money lender,through the origin of professional lenders,characteristics,identification characteristics,learn more about professional money lenders.To distinguish between professional money lenders and financial institutions,local financial institutions and ordinary entities,further understand the lack of business qualification,dynamic role transformation,legal negative evaluation and recognition conditions of professional lenders.The third part discusses other cost concepts,analyze the difference between other fees and overdue interest,liquidated damages,agreed fees and attorney fees.Categorize and analyze other agreed expenses,it can be divided into three categories: other expenses agreed only to evade the interest rate limit,other expenses agreed on substantial services,and expenses incurred for the realization of claims.Discuss whether it is adjusted by the 4 times regulation of LPR after classification.Thus,it clarifies the nature of other fees,comprehensive fees,service fees,management fees,legal fees and other fees,accurately determines the nature of fees,and creates a good environment for private lending.