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Financial leasing and Internet finance are two industries that have developed rapidly in recent years. Because they can form upstream and downstream relationships in the financial ecological chain system, they have greatly promoted the integration and development of the two industries, and have created a connection between the two industries in the market. Diversified business models in the financial sector and a large number of new business platforms. Looking at the current market development situation, there are usually two situations in which financial leasing needs to rely on the Internet financial platform, one is to realize assets, and the other is to integrate funds. As a new thing, what legal issues and risks will it face?
Legal risks of financial leasing companies transferring debt assets via the Internet
The lease claims of the financial leasing company on the lessee belong to the obligor and the accounts receivable whose amounts have been determined, which can be used as collateral for the loan receivables pledge loan or as the subject matter of financing from the factoring agent. The expected return can be realized directly in advance through the transfer of creditor's rights. When it is connected to Internet finance, it mainly transfers creditor's rights through p2p online loan platforms or special online trading platforms. The following legal issues need to be paid attention to during operation:
1. Effectiveness of creditor's share split transfer
The full or partial transfer of rent claims to a single assignee has no dispute over its validity. In response, Article 79 of the Contract Law stipulates that creditors may transfer all or part of the contract's rights to a third party. * Article 8 of the High People's Court's Interpretation on the Application of Legal Issues in the Trial of Financial Lease Contract Disputes also stipulates that the lessor transfers some or all of its rights under the financial lease contract, and the transferee uses this as a reason to request the termination or People's courts will not support the modification of financial lease contracts. The above provisions clearly support the validity of creditor's rights transfer.