P2P Enterprise withdraw from business processes and conditional decomposition?

The P2P online loan industry's recovery trend has gradually shown four major suggestions for the security selection platform P2P withdrawal guidance platform. "(Hereinafter referred to as" Guidelines "). According to statistics, this is the eighth nationwide region in the country that has been issued and retired in the country since November 24, 2017 issued the P2P withdrawal guidelines. Industry analysis pointed out that online loan rectification has entered the final season.
It is reported that the "Guidelines" is suitable for online loan institutions that take the initiative to or be forced to terminate the online loan business in Jiangxi Province and withdraw from the online loan industry. The purpose is to standardize the withdrawal of the network lending information intermediary agency in Jiangxi Province, protect the legitimate rights and interests of borrowers, borrowers, and online loan institutions, and promote the healthy development of the online loan industry. Online loan institutions intending to withdraw from the online loan industry must carry out exit work in accordance with the eight processes:
1, submitted an application for exit;
2, establishment of the withdrawal work leadership group;
3, issuing exit announcement, closing some functions ;
4. Preparation of business lists and formulating exit plans;
5, submitting exit plan and other materials;
6, announcement of the exit plan and other related information;
7, the lender is implemented according to the plan to implement the lender Fund, stable and clearing the stock;
8, exit complete.
October P2P online loan industry trading volume statistics
In statistical data from the "China P2P Online Loan Industry Market Prospective and Investment Strategic Planning Analysis Report" released by the Prospective Industry Research Institute shows that in October 2018 P2P online loan The industry's transaction volume was 102.267 billion yuan, a decrease of 7.65%month -on -month, a year -on -year decrease of 53.17%. The industry trading volume continued to decline last month this month, but the decline rate has basically stabilized. The decline in transactions this month was mainly affected by the National Day holiday. In addition, compliance inspections are imminent, and many platforms actively compress the scale. As of the end of October 2018, the cumulative transaction volume of the P2P online loan industry has reached 7.81 trillion yuan, which is expected to exceed the 8 trillion mark this year.
2017-October 2018 P2P online loan industry trading volume statistics
Data sources: Public information, forward-looking Industrial Research Institute compiled
What to choose an online loan platform to reassure?
II Week (November 12th-November 18th) P2P online loan transaction index rose to 0.53%. The recovery signal of the online loan industry is prominent, and it can also be confirmed from the side. So, during the period of regulating the densely rectification industry, how can the vast number of borrowers choose an online loan platform to be at ease?
1. Reasonable allocation of family property
The risk is not just from the platform, and sometimes the borrowers themselves themselves themselves. Selection will also bring risks for yourself -your own capital flow risk. So how can borrowers more reasonable to prevent their own capital flow risks? Everyone must keep in mind three keywords. The first is the money they want to spend, the second is the money that is saved, and the third money. Follow these three points to reasonably allocate family assets and take out "money to make money" for borrowing. Don't put the eggs in a basket, this is old -fashioned.
2, platform compliance level
In addition to seeing the "implementation policy" response speed in front of the policy, it is also necessary to focus on whether the platform meets the policy requirements. Management, website filing, ICP certificate, information disclosure, positioning in intermediary business, and so on.
3, the authenticity of the borrowing project
The authenticity inspection of the platform asset side is crucial. For example, is the borrowing project itself high -quality? Mortgage loans or pure credit loans? Pure credit loans must strictly control the upper limit of the loan amount; ? Including whether the mortgage procedures are complete, is there any mortgage voucher? Also depends on whether the borrower has recorded records by the court, the monetization ability of the mortgage, and so on.
4, the number of control platforms, rational selection
The above mentioned that the investment P2P should be moderately dispersed, but the number of platforms cannot be dispersed. Generally, the number of platforms is about 5. dispersion. In addition, the energy of people is very limited, and the number of platforms is too large to be conducive to comprehensive and in -depth follow -up management in the later period.
is the best. Online loans are the most taboo blindly follow the trend. You must make judgments through your own research, and do not suffer from a little wind blowing in the outside world.

In 2018, the Beijing Internet Financial Industry Association successively issued guidance for online loan institution's business withdrawal, and standardized the specific operations of the online loan institution's online loan business withdrawal principles, exit procedures, information disclosure, filing, and information reporting.
It Beijing Xinkai Law Firm, as a member of the compliance special committee of the Beijing Loan Industry Association, was designated as one of the law firms that exited the formulation plan for the online loan platform. The institutional business withdrawal regulations "hopes that the legitimate rights and interests of borrowers, borrowers, online loan institutions and other online loan business participants can be protected, and group incidents will be avoided, and social harmony and stability will be maintained.
"Beijing Internet Loan Information Intermediaries' Business Exit Regulations" was planned by Lawyer Wu Qiang who was engaged in the research of Internet finance all year round. Among them, Gong Aili, Dong Liguo, Xu Dasheng, Wang Fangyu, Liang Yu, Niu Maorong, Sha Yuncui, and Li Wenfang provided a plan to jointly formulate.
. Conditions for business exit:
The authenticity commitment letter: "If there is violations, bear the consequences of unqualified rectification, and strictly follow the exit plan."
. The work content of the lawyer assisted in exit:
1. Assisting the preparation of the withdrawal plan, reporting the intention of exit, submitting the withdrawal report
2, assisting the online loan institution with government regulatory authorities, industry self -discipline agencies communicate
3, assist in the formulation of emergency plans, public opinion monitoring, media public relations, conduct information disclosure and announcement
4, clean up business and assets, prepare the corresponding list
5, assist in registering creditor's rights, set up a borrowing committee to appease to appease Disciplinary
6, implementation business settlement and exit plan, disposal of stock assets
7, assist in disposing of stock assets and asset -side defaults, online loan institutions' claims of the lender The company forms an exit work group
three. "Beijing's online lending information intermediary agency business withdrawal regulations" eight -step decomposition method:
The first step: set up a benign exit work group
1, online loan institution and online loan institution and online loan institution The law firm signed the "P2P Exit Special Legal Service Agreement", and the law firm participated in the exit of the business compliance of online loan institutions. According to the guidelines of the Five Land Industry Association, online loan institutions should hire third -party law firms with professional qualifications to participate in the withdrawal work group to carry out related work; third -party law firms should make professional evaluations in response to whether the legality of the exit procedure and exit plan should be At the same time, services such as legal text production, legal consultation, and overdue project recovery are provided for the implementation of the withdrawal plan; and online loan institutions should submit opinions on whether the exit plan issued by a third -party law firm on whether the exit plan meets the law.
2. Establish an exit working group. If the online loan agency decides to clean up the online loan business and withdraw from the online loan industry, the exit work group should be established to start the work.
3. During the business exit process, the exit of the working group is the management agency of the online loan institution, which is fully responsible for the daily operation and business exit of the online loan institution. The exit working group should establish a contact mechanism with the association in time, provide the association with various types of risk hidden dangers, feedback the problems existing in the process of exit, and discuss with the association to formulate reasonable and effective disposal measures.
If: Clean up the stock business, customers, corporate property, etc. Online loan institutions clean up the stock business, customers, corporate property, etc., and compile the list of stock business, lenders, balance sheets and property lists.
The third step: prepare business settlement and exit plan
1, the preparation list. The online loan institution should clean up and prepare a list of stock business, including but not limited to: borrowers, borrowings, the amount to be repaid, the expiration time, the normal repayment, whether there is a mortgage (guarantee situation), the clear collection situation, etc., and the situation, etc. According to information preparation tables such as whether it expires, whether the normal repayment, whether there is a mortgage (guarantee status), and the disposal of the treatment, it is marked with the business that has formed poor and can be recognized as losses.
2, online loan agencies should statistics from lenders' information, and prepare a list of lender, including but not limited to: name, ID number, borrowing amount, region, expiration amount, not expired amount, borrowing project, etc., and project, and borrowing projects, etc., and borrowing projects, etc., and borrowing projects, etc., and borrowing projects, etc., and borrowing projects, etc. The summary table is prepared according to the information preparation of information such as activity and borrowing amount, and the large -amount lender is marked.
3, online loan institutions should check the assets and prepare a list of property, including but not limited to: cash, bank deposits, receivables and prepaid accounts, foreign investment, fixed assets, intangible assets, etc., to invest in their own online loans The agency's distribution of products should be marked.
The fourth step: issue business settlement and exit announcement on the official website, association's official website and other channels
1. Assist in formulating emergency plans, public opinion monitoring, and media public relations. The law firm assisted online loan institutions to formulate emergency plans to introduce professional public opinion monitoring agencies and media public relations to legal and correctly reflect the situation and avoid the crisis of public opinion.
2. Information disclosure and announcement. Under the premise of risk -controllable risks, the law firm's assistance online lending institutions should choose to issue an withdrawal announcement to the lender, do a good job of reception and publicity and explanation of the lender, and release business on the official website of the online loan institution and other channels to settle and withdraw from exit. announcement.
3, the content of the announcement must be disclosed: the reason for the exit of the online loan institution; the exit plan of the online loan institution; the withdrawal of the schedule of the online loan institution; the non -performing asset disposal plan;
Step 5: Organize the implementation of business settlement and exit plan
1. Preparation of exit plan, reporting the intention of exit, and submitting the exit report. According to the guidance currently introduced, Shanghai and Guangzhou clearly stipulate that online loan institutions that decide to terminate the online loan business and withdraw from the online loan industry shall submit the intention to exit the business report to the competent department and the association. Or order or order to withdraw from the online loan industry, the online loan institution shall submit the business withdrawal report to the special rectification department and the association in the area where the district is located. The online loan institution shall timely complete the business settlement and exit plan after starting the exit work.
2. During the business exit process, the online loan institution can adjust the business settlement and exit plan according to the disposal and clearing conditions.
Step 6: End the retirement business, end the online loan business
1, debt registration. In order to ensure relevant information such as the borrowers' timely learning decision, the composition of the work group, the business settlement, the exit plan, and the exit work process, to avoid panic, ensure the legitimate creditor's rights of the lender, the law firm's assistance online lending institution register for debt, and provide the lender to provide the lender with Effective feedback and voting channels include, but not limited to telephone, email, lender meeting, lender representative meeting and other channels.
2. According to the guidance, Shanghai Municipality stipulates that the withdrawal of the working group shall promptly establish a lender committee in a timely manner in accordance with the lenders' debt registration and creditor's rights humans. The lender committee is composed of the lender representatives designated by the lender and exited the working group. The lender committee shall attend the meeting of exit work group to fully understand and understand the process of exit the business of online loan institutions. The lender committee and exit work team will negotiate the debit funds of the borrower to understand the situation of overdue assets, the creditor's rights and debts of the online lending institution, and the guarantee of the borrower who register the debt.
3, soothe the lender. During the exit, the law firm can assist the withdrawal of the working group to appease the mood of the borrower according to the actual situation of the online loan institution, to take effective measures to soothe the borrower, avoid the emotional excitement of the lender, curb and resolve various unnecessary problems and contradictions, and make every effort to promote the promotion The exit plan is steadily advanced.
Seventh: Assist in dealing with the breach of deposit assets and asset -side defaults
1. The law firm assistance online loan institution disposes the asset -side breach of contract and proposes a legal solution.
The online loan institution should properly dispose of the deposit project. For projects with risks or overdue, online loan institutions shall formulate disposal plans according to the actual situation, seek various effective ways to deal with non -performing assets, and maximize the protection of borrowings to the maximum to protect the borrowers. Benefit.
The online loan institution cooperates with third -party non -performing asset management and disposal companies, and sells non -performing asset integration to the third party's non -performing asset management disposal company to maximize the recovery of funds to fill the loopholes of non -performing assets.
The online loan institution cooperates with third -party intermediary service agencies such as law firms and accounting firms to conduct compliant analysis and legal risks of the exit plan, evaluate assets and liabilities, form a compliance report and audit report With the asset evaluation report, assist asset assessment monetization, organize participation in capital retreats.
The online loan institutions with too stress on non -performing assets can actively raise funds through mergers and acquisitions, debt transfer, bankruptcy and liquidation, while establishing the borrowing rights protection committee to compensate for lender losses fairly, openly, and transparently.
2, law firm's assistance online loan institutions shall be cleared on creditor's rights to reduce lender losses. rn第八步：为网贷机构及其人员提供刑事、劳资等法律服务rn1、如网贷机构及其人员涉嫌刑事犯罪或有其他违法行为的，根据法律法规规定，律It can accept the commission of online loan institutions and their personnel to provide criminal defense and legal help.
2. During the business exit process, the law firm assisted online loan institutions and employees to terminate or terminate labor relations, and safeguard the legitimate interests of online loan institutions and employees.
Finally, in view of the short time of P2P and its risk incidents, there are different degrees of differences in the regulations of the country and the identification of some issues in the country. Normally, with the risk of the P2P field, it will be supplemented or adjusted. In this regard, the Council Commission of Xinkai Law Firm will maintain follow -up attention. It is also welcome to discuss them together.