It was learned from insiders that the Agricultural Bank of China (Electronic Banking Department) issued the Notice on Immediately Stopping Cooperation with Illegal and Default Payment Institutions on June 22nd, 65438 (hereinafter referred to as the Notice). The notice pointed out that in recent days, the risk events of P2P online lending platform have been frequent, involving customer groups and a large amount of financial losses, which has aroused widespread concern in society and public opinion. "Some third-party payment institutions provide ABC card payment channels to P2P platforms, which leads to the spread of risks to banks and has a great negative impact on the reputation of banks." To this end, the Agricultural Bank requires "immediately closing all P2P transaction interfaces".

The Agricultural Bank of China clearly stated in the notice that "it is strictly forbidden for institutions at all levels to provide any online payment interface for P2P and other peer-to-peer lending platforms, and it is strictly forbidden to cooperate with third-party payment institutions to provide any online payment interface of the Bank for P2P and other peer-to-peer lending platforms. All banks must immediately and comprehensively check the cooperation interfaces of payment institutions within their jurisdiction, and once the above situation is discovered, immediately close the interfaces of relevant payment institutions. "

P2p regulatory policy

65438+On the afternoon of February 28th, the CBRC issued a draft for comments, announcing that it was officially open to the public for comments.

The full name of the document is "Interim Measures for the Management of Business Activities of Information Intermediaries in Personal-to-Personal Lending (Draft for Comment)", which was jointly studied and drafted by the China Banking Regulatory Commission, the Ministry of Industry and Information Technology, the Ministry of Public Security and the State Internet Information Office.

According to the content of the opinion draft, the threshold of online lending institutions is not as high as expected. The filing system is adopted, requiring the platform to go to the financial supervision department of the place of registration for filing after obtaining the business license, and no filing conditions are set.

At the same time, it also stipulates a series of prohibitions on p2p platform, including self-financing, commitment to capital preservation, and engaging in equity crowdfunding.

In addition, regarding the rights and obligations of all parties in the fund depository relationship, it is clear that the fund depository institution should deposit, transfer, account and supervise the funds of lenders and borrowers according to the contract and the instructions issued by lenders and borrowers to the p2p platform.

Among them, the fund depository institution undertakes the formal audit responsibility of real-name account opening, contract agreement performance and apparent consistency of loan transaction instructions, but does not undertake the substantive audit responsibility of the authenticity of financing projects and loan transaction information.

Legal basis: In order to standardize the business activities of information intermediaries in peer-to-peer lending, protect the legitimate rights and interests of lenders and related parties, promote the healthy development of peer-to-peer lending industry, and better meet the investment and financing needs of small and medium-sized enterprises and individuals, according to the overall requirements and regulatory principles put forward in the Guiding Opinions on Promoting the Healthy Development of Internet Finance, and according to the General Principles of Civil Law of People's Republic of China (PRC), Contract Law of People's Republic of China (PRC) and Contract Law of People's Republic of China (PRC).