Announced on July 3, 2025, and solicited public opinions. Except for the previous "Interim Measures for the Business Activities of Online Lending Information Intermediaries" (Order of the CBRC)[2025]1Consistent with regulatory rules (number), Shenzhen's filing management measures have been strengthened in terms of the details of filing registration. Regarding the application of this "Management Measures", 52The Agency Network gives you the following interpretation.
1. Scope of application of the Management Measures: The "Management Measures" will be directly applicable to online lending information intermediaries established within the jurisdiction of Shenzhen Municipality., and
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Its place of business is consistent with its place of registration. It is clear that establishments outside the administrative jurisdiction of Shenzhen City, However, online information lending intermediaries that have branches in their jurisdiction, The registration status and branch operation status should be reported to the local government where the branch is located..
2. Filing and Registration Procedures The "Administrative Measures" clarify that online lending intermediaries' reporting to the Shenzhen Municipal People's Government Financial Development Services Office (hereinafter referred to as the Municipal Finance Office) is an administrative act based on the application., The procedure should be followed by substantive review to each district government and the district government issuing written opinions., Register with the Municipal Finance Office.
3. Responsibilities of the filing authority The "Administrative Measures" reiterate that the Municipal Finance Office is responsible for institutional supervision and risk disposal, Its main responsibility as a reporting agency is to register the basic information of online lending information intermediaries., Publicize and establish organizational files.
4. Rectify and supplement the filing and registration information for online lending information intermediaries that have been established and carried out business activities before the issuance of the "Administrative Measures",Changes in business scope in accordance with the law, After completing the rectification and passing the inspection and acceptance by the Municipal Finance Office,, Only then can you apply for filing and registration.
Different from the previous "Guangdong Province Implementation Rules (Draft for Comments)" only
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Comparison of legal opinions issued by newly established companies, Shenzhen’s “Management Measures”
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stricter.
Before filing and registration, except
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In addition to submitting the same application documents for establishing a new online lending intermediary, It is also necessary to submit additional business information (including rectification information), credit report, Audit report for the previous year, Special audits and compliance legal opinions issued by law firms, etc..
5. Substantive Review and Publicity Period The "Administrative Measures" detail the working methods of each district government to conduct substantive reviews of online lending intermediary agency registration applications., and added a one-month public notice period., Strengthen supervision through social supervision.
6. The necessary conditions for applying for an organization. The "Administrative Measures" clarify that in addition to submitting specified materials,, Online lending information intermediaries applying for filing and registration must meet the corresponding conditions., Including establishing risk control compliance, sales supervision, Complaint handling department, As well as localization and data docking of system security and data/hardware storage
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.
7. Special requirements for banks that open capital settlement accounts and depository banks
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In order to strengthen the capital supervision of online lending information intermediaries, The "Management Measures" further
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The main fund settlement account is opened at the branch of a commercial bank within the administrative jurisdiction of Shenzhen City, And reach fund depository arrangements with commercial banks with branches or above (inclusive) within the administrative jurisdiction of Shenzhen City.
8. to senior management
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The "Administrative Measures" clarify the scope of senior managers of online lending intermediaries (chairman, General manager, Deputy General Manager and Finance, Risk control, Legal Compliance, Head of the audit department, etc.) and their positions
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(Including financial experience and academic qualifications
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), and shall not serve as a director, The situation of supervisors and senior managers has been specified in detail..
9. Application materials
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When an online lending information intermediary applies for filing and registration and submits application materials, Compared to other previous regulatory filings, "Management Measures" adds details
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, For example:
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Disclosure of shareholder credit history; Shareholders holding more than 5% of the shares issue a letter of commitment not to hold shares on behalf of others; Certificate of no criminal record of individual shareholder; Business development strategy and planning, Including but not limited to business model, Service objects, Customer acquisition channels, Business processes, etc.; Explanatory materials on risk management capabilities for developing online lending information intermediary services, Including customer real identity authentication measures, risk management system, Anti-fraud, Anti-money laundering and anti-terrorist financing systems and measures, etc.; The opening bank of all corporate accounts of the head office and branches, account; List of major cooperative institutions and cooperation content.
The provision of these materials will help regulatory agencies further understand the compliance operations of online lending information intermediaries..
10. Special audit on business operations compared with the "Implementation Rules for the Registration and Registration of Online Lending Information Intermediaries in Guangdong Province", "Management Measures" except
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In addition to submitting annual audit information to regulatory agencies, Separately
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Special audit report on business operations issued by an accounting firm, Including but not limited to business scale, Client money management, Overdue situation, Information disclosure, Information technology infrastructure operations, Audit status of key aspects such as business compliance.
11. Network level protection and evaluation In view of the recent effective implementation of the "Cybersecurity Law of the People's Republic of China", The "Administrative Measures" further implement the specific requirements for online lending information intermediaries in terms of network security.
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, This includes submitting information system level protection rating filing materials and level protection security evaluation reports to the Municipal Public Security Bureau’s Cyber Security Department., And obtain the "Grade Protection Registration Certificate" and the "Grade Protection Evaluation Result Notice".
12. Information Disclosure "Administrative Measures" details the information disclosure requirements of online lending information intermediaries.
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, Including truthful and detailed disclosure to shareholders, Corresponding information for executives, Laws, regulations and regulatory requirements, periodic reports, Audit and information security level protection evaluation results, Project information and business information, etc.. The annual report shall be obtained from securities, Audited by an accounting firm qualified for futures-related business and disclosed within 4 months after the end of the current year.
13. Major event reporting system and data/non-data reporting reporting on major events, Except business activities, Illegal acts by companies and executives, Major event reports on commercial fraud
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outside, "Administration Measures" adds reporting matters for major network security incidents. and according to regulatory agencies
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Submission of data or non-data files
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.
14. On-site inspection, Rectification and cancellation of filings. The "Administrative Measures" empower the Municipal Finance Office to, The right of Shenzhen Banking Regulatory Bureau to carry out irregular on-site inspections, The Municipal Finance Office will also take measures to cancel the filing of online lending intermediaries that fail the on-site inspection and fail to complete rectifications on time..
15. Social Supervision Mechanism The "Administrative Measures" further improve the social supervision mechanism, Increase social supervisor mechanism, From time to time, we conduct tests and assessments on the illegal situations and risks of online lending information intermediaries., and use the assessment report as a basis for supervision. 16. Industry self-regulation and "Management Measures" clarify
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Online lending information intermediaries should join the Shenzhen Internet Finance Association, Further strengthen self-discipline management.
17. Reporting Obligations of Fund Depository Banks The "Administrative Measures" empower commercial banks that implement fund custody to report major fund changes., Reporting obligations on suspected illegal fund-raising, etc.. 18. intermediary service agency
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and Responsibilities "Administrative Measures" clarifies the issuance of audit reports for online lending information intermediaries, legal opinion, Professional organizations and personnel of evaluation reports and other documents
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and responsibility.
19. business rules, risk management, Lender and Borrower Protection, Information Disclosure "Management Measures"
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Business rules and risk management of online lending information intermediaries, Lender and Borrower Protection, and information disclosure and other related matters, It should be implemented in accordance with the "Interim Measures for the Management of Business Activities of Online Lending Information Intermediaries" and relevant regulatory regulations.
20. for not obtained, Penalties for online lending intermediaries that continue to operate despite canceling their registration qualifications. Those who fail to apply for registration in accordance with these Measures, Online lending information intermediaries that have been rectified on time in accordance with the law or have been deregistered, Those suspected of engaging in illegal financial business activities will be banned in accordance with the "Measures for the Suppression of Illegal Financial Institutions and Illegal Financial Business Activities", Others actually engaged in online lending information intermediary business, Penalties shall be imposed in accordance with relevant provisions of the Banking Regulatory Commission.


