Are loans between individuals regulated?

Currently, the financing needs have promoted the appearance of collective financing platforms, P2P loans , crowdlending and other jargon. All this collective movement starts from the same base, we lend them between individuals .

We know that there is currently a banking regulation but given the appearance of new alternative financing streams my question is: Are loans between individuals regulated?


Loans between individuals are regulated

1#. Are loans between individuals regulated ?: Current Banking Regulation

The financial storms experienced in previous years have brought to light the existing weaknesses in the financial market.

The bailouts carried out by the European Central Bank to the Spanish banks and the continuous scandals such as mortgages suppressed, preferred shares, etc., have caused users to wonder who controls all this?

The balances presented by the entities do not guarantee that our savings are in danger. They are companies that are listed on the stock market, their shares can fall to such an extent that their value endangers our savings.

An example of this vulnerability is Banco Espirito Santo , whose decline in the value of its shares caused a new financial rescue by the Portuguese government that made European markets tremble.

In Spain, the Bank of Spain , the CNMV and the rating agencies fly over the banking market, regulating and monitoring all its movements (in theory).

But we are a new wave, a fresh air, a new generation, well prepared, that passes from the banks, the bankers and their comics.

As women say, we give birth and we decide. It is already good that they condition us what to do with our money. It's okay that we have to go to ten banks to give us 1.3% for our deposits.

There is a new way to make my money profitable, we lend them between individuals. I connect to the Internet, I enter one of those websites where I lend my money to someone and they come to earn money.

Very good friend, this is the chachi part of the post, you are going to become a money lender to individuals and you will ask yourself, is there any regulation for this type of loan?

2#. Loans between Individuals: Register without Regular

When we talk about registering or regulating loans between individuals, in reality, what is the objective of having such control over this type of action?

The objective of the registry should be to have the record of who makes the loan and its regulation would consist of controlling their performance.

At present, any company that is dedicated to P2P lending, that is, putting individuals in contact so that they can lend money, should not have more registration, than simple financial intermediation. At, as a platform for loans between individuals with a mortgage guarantee, in 2011 we had to register our activity with the Ministry of Consumer Affairs and take out civil liability insurance.

Another case would be if these companies capture deposits, in which the business and the regulation are more demanding because they already become part of a financial institution. Currently, P2P companies of loans between individuals capture the money and then lend it to the users who request.

Financial intermediaries and professional investors who are treated as private equity lenders , if they have to be registered with the Ministry of Health and Consumption and comply with a financial intermediation law 2/2009 that regulates private lenders and credit intermediaries .

3#. Internet and Loans between Individuals

When the Internet appeared, many people did not imagine the great capacity of human beings to communicate outside their natural environment.

Today you are linked online, you order food online, you buy trips, rent rooms, get a hotel at the best price, rent cars and endless possibilities all online.

If we put ourselves at the level of P2P loans (individual to individual) several questions will arise:

What regulation or registry should exist for me to lend money to a man 500km away € 50 together with 20 people?

Who is it that really benefits? The one who lends or the one who receives?

Imagine the case: Perfect scam

We set up a P2P platform regulated by the Bank of Spain, registered with the CNMV and with a succulent civil liability insurance of € 300,000. All legal and beautiful with a great Internet platform, with the latest technology, access from mobile, tablet, ipad and everything worth its salt.

We offer the most attractive interests for investors, at an average 16% return, a succulent call for our fish . We carried out a marvelous marketing campaign in the style of RUMASA promissory notes, and finally we have about 2000 clients willing to lend an average of € 1,000 maximum in various operations.

We started …… ..

We calculate the profit / profit € 1,000 on average per 2,000 lending clients ………….

€ 2,000,000.00 of cash to play.

I invent 3,000 phantom loan operations in a matter of several months, the "top one" of loans is the perfect platform, the leading P2P in its country.

After less than a year I close the bar and go as close to Sao Paulo to laugh at everyone and everything a little until I spend all the money living life.

Game over.

Dear readers, who registers or regulates this?

I admit suggestions.

For more huevs there has already been a company that thanks to a simple crowfunding has hit the first ball .

My friend c'est la vie or what is the same, this is life. If you feel generous and this article has served you for some information, give me a like, or a goggle + to something to fall cool on social networks and that the next article makes me try harder, I will greatly appreciate it.

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