Peer-to-peer also has legal risk, entrepreneurship needs eyes

Introduction to Events:

For many start-ups, it is easy to face the problem of a shortage of funds, and start-up companies to apply for loans to banks is not only difficult, the process is very long, perhaps until the loan approval, the company has been yellow. It is in order to solve the market is perhaps the most dynamic of such enterprises of great pain point, some of the capital strength of entrepreneurs will be their own entrepreneurial direction in the Peer-to-peer financing platform in this field.

Peer-to-peer refers to a qualified website (third party company) as an intermediary platform, financiers in the platform to issue the target financing, investors to the financing of the behavior of the lender. Because Peer-to-peer network loan has the advantage of simple operation, difficulty and low cost, as a supplement to traditional finance, Peer-to-peer platform and Platform loan amount has been showing an explosive growth in recent years. But along with peer-to-peer industry entrepreneur's increase, the capital chain breaks, the escape event is also large area occurrence. According to the "Net loan Home" data show that the 2014 problem Peer-to-peer platform has reached more than 275. And when the most extreme problem of "insolvency" arises, both "everyone enrichment" said the full principal and interest to advance the feelings of investors, there are "loan network" publicly refused to "fallback" the situation, and to "a successful entrepreneur" on the status of a CCTV talk program, the founder of the platform of Chengdu, 22-Year-old Tenghaichung, In the accumulated arrears of 70 million yuan in the case of the choice of "run away." In the face of the problem, is fallback, is not to honour, or simply run, are Peer-to-peer platform founder of their own choice, but the legal issues, is to jump into the peer-to-peer industry this "pond" of the new "water" people should pay attention to things.

Lawyer Analysis:

In the 2014, lawyers have personally participated in a peer-to-peer new platform of product design, based on the existing laws and regulations and the guiding significance of the policy, the attempt to enter the field of entrepreneurs are introduced. Among them in the specific Network loan project design core prompt, is to the financing person identity audit.

First of all, from the effective operation of Peer-to-peer platform itself, verifying the information of financiers is the most important link to guarantee the security of platform funds. For example, at the end of 2013, with a number of Peer-to-peer platform to cooperate with a guarantee company, that is, through collusion with the borrower in the way, with shell companies in their own peer-to-peer platform to borrow money, a dozen of Peer-to-peer platform, the victims of the losses behind the ultimate loss even if the agreement can bear their own, But for peer-to-peer platforms, such events are tantamount to declaring the end of a business's future.

Moreover, even more serious is the possibility that a peer-to-peer platform might involve serious criminal offences if it is not prudent in this regard. In accordance with the provisions of the judicial interpretation of illegal fund-raising, if the platform does not find the financing identity defective in a timely manner (for example, if there is a bad record in the credit system), or even if it finds that such financiers are allowed to indulge in order to guarantee the benefits of the website or the investors, they still advertise on the website or continue to beautify the financing person The platform is likely to constitute a false advertising crime or become a financier illegally absorbing public deposit crime, fund-raising fraud crime accomplice. Even if the Peer-to-peer platform does not meet the standards of criminal filing, it may also bear certain administrative penalties. In the case of the illegal financial institution and the method of combating illegal financial operations (hereinafter referred to as "the method of Suppression"), Peer-to-peer platform to establish a pool of funds deposit did not meet the "illegal fund-raising judicial interpretation" in the amount of the standard, may be based on the "suppression method" to bear the corresponding corporate cancellation or administrative fines responsibility.

There is a saying in the industry: "A peer-to-peer platform is a good peer-to-peer platform." "I believe that most of the entrepreneurs start to participate in the Peer-to-peer platform is not to roll money to run or not to pay off, it is certainly a good desire to take advantage of the hot and vigorous development." But entrepreneurship is risky, financing needs to be cautious, you need to eyes, strict compliance with laws and regulations, in order to better survive the initial barbaric development period, until tomorrow's wind.

(The author is Beijing Hua Huide law firm lawyer)