Legal Research On The Capital Of Small Loan Companies

In2008May, China Banking Regulatory Commission and the people’s Bank of China issued the "Guiding opinions " on the pilot micro-credit company, become milepost development of small loan company."After that, the small loan company such as bamboo shoots after a spring rain as rapid development in our country.So far, the establishment and development of the small loan company has passed five years. During the period, the small loan company plays an important role in allocating financial resources and in the local economy. But the small loan company behind the achievements, it emerges a lot of problems. Small loan company funds problems become the common concerns. Across the small loan company generally encountered financing problems, has become a bottleneck that restricts the sustainable development of them. While the small loan company funding bottlenecks encountered reasons, except for a few of small loan companies reason to the financial market, capital bottleneck acquired reason, most of the petty loan company is subject to the legal bottleneck or causes the system bottleneck results.The capital bottleneck of small loan company encounter how to achieve breakout way, is the problem of the small loan company must face in long-term sustain developing. Aiming at this problem, this article analyzes on the depth of the small loan company in China funds the bottleneck and legal obstacles and comprehensive interpretation, seek breakthrough approaches to commercial microfinance company capital bottleneck and legal obstacles, in order to protect small loan company, the legitimate rights and interests of investors, regulate the small loan company industry market, and promote the sound development of the industry.This thesis is divided into four parts. The specific structure is as follows: The first part is "the legal problems of small loan companies funds raised". The author begins by introducing the survey of related problems of small loan company and statistical yearbook. According to the statistical yearbook analysis and investigation, the author tries to draw the plight of financial problems in the rapid development of the small loan company. The author further on this issue of interpretation, the legal questions behind, what is the author intends to interpret and explain the natural problem.The second part is "legislative processes of small loan companies finance etc.". The author in this part through the reference to the related legal theory and interpretation, and on this basis, on China’s legislative process of small loan company carried out a systematic combing. Combing the focal points of the legislation is a process analysis and the petty loan company funds, based on the article center point.The third part is "legal problems of small loan companies finance etc." At first, the author analysis the capital bottleneck, the small loan company in actual operation. Problems such as capital, funding channels for a single disorder caused by capital flow offset first, the serious lack of follow-up funds. This part analyzes the cause of micro-credit company legal obstacles the capital bottleneck. Specific legal obstacles are:small loan company as financial institutions, the law is not clear; the lack of legal system of high order; small business credit company financial service depends on the "company law" awkward; lack of legislation of administrative license has not been solved; legitimacy problem of new financing; legal supervision mechanism is not perfect; small loan companies can foreign investment in the financing, no legal provisions; small loans from the interest rate of bank financing problems, the law does not define; tax and property rights and other legal issues of donated funds may trigger; other provisions in the current law to restrict the development of small loan companies.The fourth part is "breakout ways to financing obstacles of small loan companies". The author of the first small loans to the company related to the sustainable development of foreign legislation and domestic theory were introduced in the paper. The author also absorbs the domestic and foreign advanced theory and academic point of view, combined with the author’s own research, and puts forward some thoughts and measures to break way funds for commercial microfinance company barriers of. Specific ways or measures:clear the petty loan company is the nature of financial institutions; improve relevant legislation system, the small loan company management into the legal track; adhere to the petty loan company’s independent legal status; legislation explicitly regulators of small loan companies, establish a sound regulatory system:legal risk control mechanism and strengthen the petty loan company business loan reserve system; establish micro-credit company; the small loan companies into the credit system; strict small loan approval, the establishment of the mechanism of small loan companies; set up small loan company prospects confidence, broaden the financing channels of legal.The author hopes of small loan company capital bottleneck, legal bottleneck and breakout ways analysis, explanation and demonstration, to successfully solve the financing dilemma of small loan company in China. The author explores the legal approach to breakthrough financing obstacles of micro-credit companies, is an attempt to; that continued an verification closely the development of legal in China and small loan company. Also only use legal means to regulate the small loan company, in order to promote the sustainable development of commercial microfinance companies.