典当行金融许可证规定

Shenzhen pawn shops have stopped approving news and will formulate real estate pawn mortgage policies in recent days，In response to the question "Why does Shenzhen not accept the registration of real estate mortgages in the business of pawn companies?"，The person in charge of the relevant departments of Shenzhen Municipal Planning and Land Resources Commission gave a detailed reply to Shenzhen Commercial Daily：Currently this practice does not target pawn companies，However, all real estate mortgage registrations between enterprises and enterprises cannot be accepted.，The reason is that there are no relevant laws and regulations as a basis。

1125th of the month，Shenzhen Commercial Daily reported on the recovery of the city’s pawn industry this year。During the interview, the reporter discovered，Persons in charge of several pawn shops reported，The main collateral for small and medium-sized enterprise pawn financing is real estate.，Since the Shenzhen Real Estate Rights Registration Center has not yet accepted the registration of real estate mortgages in the business of pawn companies,，The development of this business is restricted。to some extent，It also limits the development of the pawn industry in Shenzhen.。

The reporter checked my country's "Pawn Management Measures" (hereinafter referred to as the "Measures") that came into effect on April 1, 2005 and found that，It allows the pawnbroker to mortgage his real estate to the pawnbroker，Pay a certain percentage of fees，Get deposit，and pay interest on the deposit within the agreed period、Repay the deposit、redemption pledge。Article 8 of the "Measures" at the same time

Require

，Pawn shops engaged in real estate mortgage pawn business，The registered capital limit is 5 million yuan。

And in Shenzhen，In line with this registered capital

Require

There are many pawn shops in， But why can’t we register real estate mortgage at this city’s real estate registration department so far? The relevant person in charge of the Shenzhen Real Estate Rights Registration Center under the Shenzhen Planning and Land Resources Commission gave a detailed answer to this yesterday。 The person in charge pointed out，Pawn companies that apply for mortgage registration due to real estate mortgage pawn should comply with corresponding laws and regulations.。

According to Article 30 of the "Pawn Management Measures"，A pawn ticket is a loan contract between the pawn shop and the pawnbroker.，It is the payment voucher used by the pawnbroker to pay the pawn money to the pawnbroker.。therefore，There is a loan-lending relationship between the pawn shop and the pawnbroker.。According to my country's "Commercial Bank Law" and other relevant financial regulations,，Enterprises carry out loan business，Approval from relevant departments is required. 。

"The popular explanation is，Business-to-business lending，No legal support found yet。Relevant legal provisions of our country，General enterprises cannot engage in banking business such as taking deposits or granting loans.，This is not aimed at pawn companies，but for all businesses。

"The person in charge said， If loans are granted between businesses，For example, a company mortgages its property to a pawnbroker，The nature of its main contract is actually a loan contract，In the event of a dispute between the company and the pawn shop，The court also ruled that the loan contract between the enterprise and the pawn shop was invalid.，Then the mortgage registration handled by the land department based on this invalid contract will face legal risks.。

in recent years，Pawn companies and the Shenzhen Pawn Industry Association use various channels to，Continuous appeals on this issue，Departments in Shenzhen are also aware of the lag in relevant legislation.。The reporter learned，Shenzhen City has given instructions, and Shenzhen Economic, Trade and Information Technology Council will take the lead.，Formulate specific policies for developing real estate pawn mortgage business。Reporters learned yesterday，Specific documents are already being drafted。The name of the pawn shop shall comply with the relevant provisions on enterprise name registration and management。

The industry description in the name of a pawn shop should be marked with the word "pawn"。The name of any other business organization or institution shall not contain the word "pawn",No pawn business shall be operated or disguised。Pawn shop engages in business activities，should obey the law、Statutes and Regulations，follow equality、voluntary、Integrity、principle of mutual benefit。

Apply to set up a pawn shop，The following conditions should be met：

1. 　　
2. are in compliance with the law、Statutes and regulations；　　
3. Have registered capital that meets the limits stipulated in these Measures；　　
4. There is conformity

Require

business premises and necessary facilities for conducting business；

1. 　　
2. Have management personnel and appraisers who are familiar with the pawn business；　　
3. There are two or more legal person shareholders，And the legal person shares are relatively controlling；　　
4. Public security management in compliance with Articles 9 and 10 of these Measures

Require

；

1. 　　
2. Comply with the national overall plan for pawn shops、Reasonably laid out

Require

。

What is the difference between a pawn shop and a bank?

1. Different business scope：In addition to lending business，The pawn shop also deals in the sale of absolutely pawn items.、Appraisal, evaluation and consulting services，The bank additionally operates deposit-taking services、Exchange business、Agency business, etc.。
2. Business scale and organizational form are different：Banks are large state-owned and joint-stock enterprises，Registered capital、The scale of operation is quite large， Set up a large number of branches across the country。

Pawn shops are companies with smaller capital，Limited scale，Single organizational form。

1. Loan procedures and procedures are different：Banks implement a system of separation of review and loan， The approval process is cumbersome，Takes a long time;And pawn shops lend money when they see something，High efficiency，fast，Convenient and flexible。
2. Different lending objects and characteristics：Banks mainly focus on large and medium-sized enterprises， Large amount、long term、Strict restrictions on the use of loans，Pawn shops are mainly small and medium-sized enterprises and individuals.，Small amount、Short term、And don’t ask about the purpose of borrowing money。
3. Different status effects：Banks occupy a dominant position in our country’s national economy，It is the main part of the financial system，It plays the role of the main channel in regulating the supply and demand of social funds.;Pawn shops are a useful supplement to the financing channels of the entire society.，occupy a secondary position in economic life。

Set up a pawn shop，The applicant shall submit the following materials to the commercial department at the city (prefecture) level where the pawn shop is proposed to be established.：

1. 　　
2. Application for establishment (should state the name of the pawn shop to be established、address、Registered capital、Shareholders and capital contribution、business scope, etc.) and feasibility study report；　　
3. Pawn shop regulations、Investment Agreement and Investment Commitment Letter；　　
4. Pawn shop business rules、Internal management system and safety precautions；　　
5. Certificate issued by a legally qualified institution；　　
6. Individual shareholder issued by the personnel department of the unit where the file is located、Resumes of proposed legal representatives and other managers；　　
7. Recent financial audit report of the legal person shareholder and proof of capital contribution ability issued by a legally qualified accounting firm、A copy of the resolution of the board of directors (shareholders meeting) of the legal person shareholder and a copy of the business license；　　
8. conform to

Require

Valid proof of ownership or right to use the business premises；

1. 　　
2. "Notice of Preliminary Approval of Enterprise Name" issued by the industrial and commercial administration authority。

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