Original title: Central Bank: The main body of online loan supervision, standards are not uniform, and collection services are not applicable
On October 26, the Chinese peoplebankSaid, “The Chinese PeoplebankAbout the specificationCollection business“Notice (Draft for Soliciting Comments)” received 37 feedbacks in the form of letters, e-mails, etc., with a total of 86 comments. Among them, 31 have been adopted and 19 have not been adopted; 9 of the specific implementation of the problem opinions, understanding of the deviations and 27 that are problem consultations, have adopted various methods to communicate and explain. The central bank did not adopt three major opinions and gave reasons.
One is that the unaccepted recommendationspaymentHuman authorization andPayer“Account Opening Institution Management” clearly stated that in the pairwise authorization model, if the account opening institution receives a change or termination of the collection authorization from the payer, it shall establish a timely feedback or notification mechanism with the payee and the collection agency.
The central bank stated that the reason for not adopting it is that the “two-two authorization” model is a relatively common authorization method in practice. The payer and the payee, the payer and the payer’s account opening institution, and the collection agency and the payee respectively authorize it. , There is no direct legal relationship between the payer’s account opening institution and the payee or collection agency. therefore,For the change or termination of the collection authorization proposed by the payer to the payer’s account opening agency, the payer’s account opening agency is not obliged to inform the payee or the payee’s collection agency.
Second, the unadopted suggestion is clearly stated in the “Payee and Collection Agency Management” that if the collection agency can confirm the relationship between the beneficiary and the beneficiary account, even if the beneficiary account is not the same as the beneficiary’s account, The collection agency may also carry out collection services and enter the collection funds for the non-identical account.
The central bank stated that the reason for not adopting is: the outstanding feature of the collection service is that once authorized by the payer in advance, the actual transaction will no longer be confirmed one by one when the actual transaction occurs. The convenience is strong, but the transaction verification strength is weak, and the possibility of capital risk is relatively high. Big. In order to better protect the legitimate rights and interests of the payer and prevent and control the risks of the collection business, in principle, the collection business restricts the collection account to the same-name account of the payee.To the sameBrandFor specific scenarios and businesses such as chain operation, group management, finance and treasury, consider itsTrading floorAccording to the authenticity review management requirements of the receiving account, the identification materials of the person who opened the receiving account can be reviewed, and the relevant fund collection business agreement can be used to confirm that there is legal fund management between the recipient and the receiving account and the account opener. Under the premise of effective prevention and control of risks such as relationship, the payee and the receiving account have different names.
Third, the proposal was not adopted to increase the repayment of online loan business,the InternetDirect salesbankBusiness, e-commerce and other business scenarios, small loansthe companyThe repayment can be carried out through the two-two authorization model to carry out the collection business, aiming atInsuranceIn the industry collection scenario, the authorization agreement model of the payer and the payer’s account opening institution shall be unified, and no distinction is required.
The central bank stated that the reason for not adopting it was: the convenience of the collection business is stronger, and the possibility of capital risk is greater, and it is more suitable for hydropower, coal, etc.ProductOr the service provider is relatively fixed, the transaction frequency is high and there is a certain rule, the transaction capital limit is small, andpublicScenes closely related to daily life.Judging from the reporting cases in the payment and settlement field in recent years, the problems are more concentrated when handling high-risk or large-amount businesses such as online loans through agency collection services. Considering the inconsistent supervision of online loans and the inconsistent supervision standards, such scenarios should be carried out through payment methods with higher verification intensity, and collection services are not applicable. For direct banking, e-commerce,InsuranceFor scenarios that cover a wide range of business types, users can carefully determine the payment service method to use according to their own needs for fund security and service convenience.Current payment services in our countrymarketproductAbundant, can better meet the diversified payment service needs of the public.
Previously in December 2019, the Central Bank drafted the “People’s Bank of China“Notice on Regulating Collection Business (Draft for Solicitation of Comments)” to solicit opinions from the public.
Collection service means that, with the consent of the payer, the payee entrusts the collection agency to deduct funds from the payer’s account to the payee from the payer’s account opening institution in accordance with the agreed frequency, quota and other conditions, and the payer’s account opening institution no longer contacts the payee. The payer conducts the payment business of transaction confirmation one by one.
The characteristics of collection services are mainly manifested in that the payee is relatively fixed, the transaction scene between the payee and the payer is relatively fixed, and conditions such as the payment frequency or amount are agreed in advance by the payee and the payer. Collection services are widely used in daily life scenarios, for example,clientAfter signing service agreements with companies such as tap water, electricity, gas, and cable television, the company will automatically deduct fees from customer accounts every month;creditAfter the cardholder signs an automatic repayment agreement with the bank, the bank transfers funds from the account designated by the cardholder for repayment every monthcredit card; Customer purchaseInsuranceWhen, withInsuranceThe company agrees to automatically deduct premiums from customer accounts every month.With the continuous development of the payment market and the increasing demand of consumers, the application areas of collection services continue to expand. For example, customers and related institutions agree to purchase regularly every monthFinancial managementProducts or automatic purchase of wealth management products when the account balance exceeds a certain amount.
The central bank stated in the explanation of the main issues in the draft for comments that the authorization of the payer is the core of the collection business. The “Draft for Solicitation of Comments” under the guiding principle of returning to the original intention of the small-amount convenience of the collection business, fully considering factors such as risk prevention and control and market status, clarified two authorization methods.
Method 1 can be called “two-two authorization”, which is a common authorization method in current practice. The authorizes the payer and the payee, the payer and the payer’s account opening institution, and the collection agency and the payee respectively. Under this authorization method, there may be situations in which the payer’s account opening agency does not effectively review the payer’s true wishes to open the collection service, which may lead to the risk of customer funds embezzlement. The “Draft for Comment” is clear,Under the “two-two authorization” authorization method, convenient payment, government service taxes, public welfare donations, communication service fees, credit card and banking financial institution loan repayments, non-investment insurance premium payment, and rent payment can be handled through the collection business ,memberFees and other small convenience services.These scenarios cover the main aspects of the daily life of the public without changing the existing authorization model and have limited impact on the public.
Method 2 can be called a “triple-party agreement”, that is, the payer, the payer’s account opening institution, and the payee sign an agreement at the same time as the basis for subsequent collection services. Compared with “two-two authorization”, this model further enhances the authorization strength, strengthens the risk control ability of the payer’s account opening institution, and is more conducive to protecting the payer’s fund security. Correspondingly,Under the “triple-party agreement” authorization model, the applicable scenarios for collection services are also appropriately increased, such as the payment of education and training fees, the repayment of loans from small loan companies, and the regular or fixed amount issued by financial institutionsfundFinancial product purchase, investment typeinsuranceUse payment and other scenarios that are not generally required by the public, or that are not daily necessary by the public, or where the amount of money is large.The more common account balance automatic purchase in practiceMonetary FundBusiness related to wealth management products can continue to be carried out provided that the requirements of the “Tripartite Agreement” are met.This arrangement maximizes the customer experience while safeguarding the legitimate rights and interests of consumers and the safety of funds.
(Source: 21st Century Business Herald)
(Editor in charge: DF524)
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