Small loan company application guide | Shenzhen small loan company registration

one, Project name: Establish a hotline for small loan companies in Shenzhen: Chen address: 03-05two, Legal basis 1, "Company Law of the People's Republic of China"(2013Correction)2, "Notice on Issuing the Interim Measures for the Pilot Management of Small Loan Companies in Shenzhen" Shenfu [2011] No. 135 3, "Guiding Opinions on the Pilot of Small Loan Companies" China Banking Regulatory Commission [2008] No. 23 4, "Village Bank, loan company, Rural Capital Mutual Aid Co., Ltd., Notice on Relevant Policies of Small Loan Companies" Yinfa [2008] No. 137 5, "Shenzhen Small Loan Company Pilot Review Work Guidelines (Trial)" Shenzhen Government Office[2009]15No. 3, Approval authority Shenzhen Municipal People’s Government Financial Development Service Office (referred to as Municipal Finance Office) IV, Review conditions (1) The name of the small loan company shall be divided into administrative divisions, Font size, industry, The organizational form consists of.

(2) The organizational form of a small loan company is a limited liability company or a joint-stock company. (3) In addition to meeting the basic conditions stipulated in the Company Law, The following conditions should also be met: 1, Have main sponsors and other investors who meet the prescribed conditions.

(1) Main sponsor of small loan company, In addition to complying with the relevant provisions of the "Interim Measures", The following conditions should also be met: ①Net assets shall not be less than RMB 200 million, The asset-liability ratio shall not be higher than 65%, And in principle, the long-term investment amount after the implementation of this project investment shall not exceed 60% of the net assets (consolidated accounting statement caliber); ②Continuous profits in the past three years, The cumulative total net profit is not less than RMB 60 million, And the cumulative total tax paid is not less than RMB 18 million (consolidated accounting statement caliber).

(2) In addition to other investors of small loan companies, they should comply with the relevant provisions of the "Interim Measures", The following basic conditions should also be met: ①Enterprise, social organization, Economic organizations, etc. as other investors, Divided into two categories according to investment ratio: Category 1: The investment ratio exceeds (inclusive) 30%, In principle, the review will be based on the qualifications of the main sponsor.; Category 2: The capital contribution ratio is less than 30%, The following conditions should be met: Established for three years or more, Net assets shall not be less than RMB 100 million, The asset-liability ratio shall not be higher than 65%, In principle, after the implementation of this project, the long-term investment amount shall not exceed 60% of the net assets., And it has made profits continuously in the past two years, The cumulative total net profit is not less than RMB 20 million, The total amount of tax paid shall not be less than RMB 6 million.

(Consolidated accounting statements) ② Explore the establishment of an equity incentive mechanism for senior executives of small loan companies, The total shareholding ratio of core management personnel is allowed to not exceed 5%., Investment by other social natural persons is temporarily restricted. (3) When applying to establish a small loan company, The capital contribution proportion of the main sponsor shall not be less than 30% of the total registered capital and shall be a relatively controlling; The capital contribution ratio of other investment enterprises shall not be less than 5% of the total registered capital..

(4) The number of small loan companies invested and established by the same investor and its related parties is in principle one. 2, Compliance with regulations

Require

registered capital. The organizational form of a small loan company is a limited liability company, Registered capital shall not be less than RMB 300 million; The organizational form is a joint stock company, Registered capital shall not be less than RMB 400 million.

3, Have directors who meet the qualifications, Supervisors and senior managers (including the general manager, Vice President and corresponding level personnel, The same below), and staff with corresponding professional knowledge and experience.

(1) Apply for director of a small loan company, Qualifications for supervisors and senior managers, In addition to meeting the basic conditions stipulated in the Company Law, the proposed candidate, The following conditions should also be met: ① The proposed senior managers should have been engaged in financial industry-related work for more than 5 years, Have a bachelor's degree or above (inclusive).

②Proposed Director, Supervisors should have financial knowledge appropriate to the performance of their duties, engaged in economics, More than 3 years of financial related work, College degree or above (inclusive). (2) The proposed person has one of the following circumstances:, Not allowed to apply to serve as director of a small loan company, Supervisors and senior managers: ①Those with criminal records or serious bad credit records.

②Company responsible for bankruptcy liquidation, corporate director, Supervisors and senior managers, to the company, Personal liability for the bankruptcy of a business arises from the company, It has been less than 3 years since the date of completion of enterprise bankruptcy liquidation. ③ Responsible for revoking the business license due to violation of laws, Companies ordered to close, Legal representatives and senior managers of enterprises, and personally responsible for the company's, It has been less than 3 years since the company’s business license was revoked.

④Removed as a director by the national financial regulatory authorities, Qualifications for supervisors or senior managers, or are prohibited from working in the financial industry for a period that has not yet expired. ⑤Does not comply with the principle of prudence

Require

and other situations that are not allowed to be held by the Company Law. 4, There is sound corporate governance, internal control, business operations, Risk management and other systems. 5, Have business premises suitable for business operations, Safety precautions and other facilities. 6, According to the principle of prudence

Require

other conditions.

five, Information list (1) The content of the establishment application includes the name of the proposed company, address, Registered capital, Basic information such as equity structure, Attached is an agreement signed by each investor to jointly fund the establishment of a small loan company..

(2) The feasibility study report should include the feasibility and necessity of establishing a small loan company, Analysis of peer status and market prospects, Risk control capability analysis, Future business development plan (including target customers after the proposed company opens), Asset size, Profitability, Loan loss forecasts, etc.).

(3) The company establishment plan includes the draft articles of association of the proposed company., Main management system arrangements (mainly including corporate governance structure, financial management system, Loan credit and risk control system, Asset Classification and Provisioning System, information disclosure system), etc..

(4) Basic information about the main sponsor including the name of the main sponsor, Registered address, legal representative, A copy of the business license that has passed the annual industrial and commercial inspection, Description of sources of capital for investment, Audited financial reports for the past three years, "Enterprise Credit Report" issued by Shenzhen Enterprise Credit Information Center, etc..

(5) Basic information of other investors Natural persons as investors, The name of the natural person shareholder must be submitted, Proof of identity, Proof of residence, Proof of personal income source and explanation of source of capital for investment, Personal credit reports and other materials issued by credit reporting agencies established in accordance with the law; Enterprises or other social organizations as investors, The name of the investor needs to be submitted, address, Name of representative (or person in charge), Annually reviewed industrial and commercial business license or relevant qualification certificate, Audited financial report for the past year, Credit certificate (local enterprises in Shenzhen provide the "Enterprise Credit Report" issued by the Shenzhen Enterprise Credit Information Center), etc..

(6) Letter of commitment from the investor (7) Application for qualifications including proposed directorship, Application form for qualifications of supervisors and senior managers, Proof of identity, Work experience or professional qualification certificate, Personal credit report issued by a legally established credit reporting agency, Academic qualification certification materials and academic qualification certification documents issued by institutions authorized by the national education administration department.

(8) The content of the legal opinion issued by the law firm includes whether the investors and related parties of the small loan company have committed any major violations of the law., Violations, etc.. (9) Capital verification reports issued by legally established capital verification institutions involve investors from foreign countries or from Hong Kong, Macao and Taiwan., After completing the administrative licensing procedures for foreign investment and obtaining the industrial and commercial business license, Submit it to the Municipal Finance Office.

(10) Documents proving the use of business premises. This document can be submitted to the Municipal Finance Office after the municipal government’s approval., After the information is completed, the Municipal Finance Office will issue the small loan business qualification documents.. (11) The legal document of fire protection administrative license issued by the Municipal Public Security and Fire Department. This material can be submitted to the Municipal Finance Office after the municipal government’s approval., After the information is completed, the Municipal Finance Office will issue the small loan business qualification documents..

(12) "Notice of Preliminary Approval of Name of the proposed company" issued by the Municipal Bureau of Industry and Commerce. (13) Domestic enterprises involved in the application materials, personal, At the same time, a company inquiry form must be issued to the Municipal Finance Office, Authorization letter for personal credit information.

The application materials involve investors from foreign countries or Hong Kong, Macao and Taiwan regions, If you are a foreign investor, Submitted materials must be notarized by the notary public in the country where you are located and authenticated by the Chinese embassy (consulate) in the local country.; If it is Hong Kong, Australian regional investors, Submitted materials must be certified by a China-appointed notary., and respectively through China Legal Services (Hong Kong) Co., Ltd., China Legal Services (Macau) Co., Ltd. stamps special forwarding seal; If you are an investor in Taiwan, Submitted materials must be notarized by the local notary agency and verified by the Guangdong Provincial Notary Association.

(14) The Municipal Finance Office shall, in accordance with the principle of prudence,

Require

of other materials.