Guangzhou lawyer Zhang Jing answers: No. There are three conditions required to constitute professional lending: 1. Lending funds more than 10 times within 2 years;2. For the purpose of making profits;3. To the society is not a specific object. The above three items must be met at the same time to constitute professional lending. In the following case, although the plaintiff made more than 10 loans in two years, it was found that all of them were loans to the company's shareholders and relatives, so it did not constitute professional lending.
Excerpt from the verdict:
This court holds that article 1 of the "Opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice on Several Issues Concerning the Handling of Criminal Cases of Illegal Lending" refers to the lending of funds to unspecified persons (including units and individuals) more than 10 times in the form of loans or other names within two years. According to the relevant judicial interpretations, professional lending refers to the borrower's long-term repeated and operational lending to unspecified targets in society for the purpose of making profits without the approval of the financial institution.
In this case, Tao, Huang and others sued and claimed that there were 9 related cases of loan disputes between them and You, and according to the transfer of money to Xin's company, Chen, and Hua respectively in the bank account flow of You's bank account in 2019, they claimed that the transfer money was a loan, and accordingly, You engaged in more than 10 lending behaviors, which was professional lending This court believes that the loans involved in this case and related cases occurred between the same litigants, and are actually one loan For Xin's company, Chen, Hua et al. and You presented evidence to prove that they were shareholders and relatives of the company they operated, and the money transactions involved in the above-mentioned bank account transactions were not sufficient to be determined as lending
In addition, the fact that the loaned funds mentioned in the judicial interpretation should be "self-owned funds" means that in trial practice, it should be excluded from other for-profit legal persons (such as commercial banks for on-lending) or illegally absorbing deposits from the public as legitimate lending funds, so as to crack down on acts that undermine the financial order. **Legitimate income, business transactions or legitimate transactions between relatives and friends should not be regarded as non-"own funds" and the private lending behavior should be deemed invalid. After verification, the city and You have related lawsuits, and there is only a loan dispute between the parties in this case. Accordingly, the available evidence is insufficient to prove that You X engaged in professional money lending business activities