The full name of the Financing Guarantee Business License is the Financing Guarantee Institution Business License.。With the reform of market mechanism,The market economy is becoming more and more standardized,The legal system and regulatory system are becoming more and more complete,For companies that want to engage in financing guarantees in the People’s Republic of China,You must first apply for a "Financing Guarantee Institution Business License",Otherwise it will be difficult to move forward。If you need to apply for a financing guarantee business license。
The conditions for applying for a financing guarantee business license are as follows:,The editor mainly talks about which companies need to apply for a financing guarantee business license and the qualifications for a financing guarantee business license.。(To be more colloquial,The “Financing Guarantee Institution Business License” will be referred to as the “Financing Guarantee Business License” below.) Which companies need to apply for a Financing Guarantee Business License?
The following five companies need to apply for a financing guarantee business license::
- Companies engaged in loan guarantees;
- Enterprises engaged in bill acceptance guarantee;
- Companies engaged in trade finance guarantees;
- Enterprises engaged in project financing guarantees;
- Enterprises engaged in letter of credit guarantee and other financing guarantee business。
The qualifications for applying for a financing guarantee business license are stipulated in the fourth guideline of the "Interim Measures for the Administration of Financing Guarantee Companies":After a financing guarantee institution obtains a financing guarantee business license in accordance with the law,,Only then can you apply for registration to the industrial and commercial administrative department and other registration authorities that have registration jurisdiction.。To apply for a Financing Guarantee Institution Business License, you need to meet the following conditions::The business of a financing guarantee company has financial attributes,Need strict supervision。
The first is that there must be certain "thresholds" for establishing a financing guarantee company.,This is the need to strengthen source governance。to this end,Regulations:The establishment of a financing guarantee company must be approved by the regulatory authorities。
In addition to complying with the provisions of the "Company Law of the People's Republic of China",Financing guarantee companies must also meet the following conditions::
- Shareholders are in good standing,No records of major violations of laws and regulations in the past three years;
- The registered capital is not less than RMB 20 million and is paid-in monetary capital.;
- Proposed Director、supervisor、Senior managers are familiar with laws and regulations related to financing guarantee business,Have the necessary experience and management capabilities to perform their duties;
- Have sound internal management systems such as business regulations and risk control, etc.。
Taking into account the different economic development levels and actual development conditions of the financing guarantee industry in different regions,The regulations stipulate that the provincial people's government may increase the minimum registered capital limit for the establishment of a financing guarantee company based on the actual conditions of the region.
Require
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also,For financing guarantee companies across provinces、autonomous region、Branches established in municipalities directly under the Central Government,The regulations also stipulate that the registered capital shall not be less than RMB 1 billion.、Operating financing guarantee business for more than 3 years and making continuous profits in the past 2 fiscal years、No major violations of laws and regulations in the past 2 years, etc.。 Perfect business rules are to regulate the behavior of financing guarantee companies、The core of effective risk prevention,It is also the main focus of the regulations。
The main provisions in this regard include:
- Financing guarantee companies shall operate in accordance with prudent operating principles,Establish and improve various business regulations and risk management and other internal control systems,And measure the balance of guarantee liability according to the risk weight specified by the state;
- The balance of guarantee liability shall not exceed 10 times of its net assets.,to the same guaranteed person、The balance of guarantee liability of the same guaranteed party and its related parties shall not exceed the corresponding proportion.;
- Shall not be its controlling shareholder、The actual controller provides financing guarantee,The conditions for providing financing guarantees to other related parties shall not be better than the conditions for providing similar guarantees to unrelated parties.,and must report and disclose in accordance with the law;
- Corresponding reserves should be withdrawn in accordance with relevant national regulations;The use of self-owned funds shall comply with the asset safety of relevant national financing guarantee companies.、liquidity requirements;
- Financing guarantee companies are prohibited from taking deposits or taking deposits in disguised form、Activities such as self-operated loans or entrusted loans and entrusted investments。
Both in terms of nature and positioning,Financing guarantee companies are special financial institutions。therefore,Issuing a business license to a financing guarantee company not only qualifies and positions the guarantee company,At the same time, it is also a necessary means of prudent supervision.。
A guarantee company can engage in financing guarantee business only if it has obtained a business license.,before a license is issued,The financing guarantee market can be said to be full of “mountains”.、Chaos,However, with the issuance of the financing guarantee business license,Financing guarantee companies have gradually become more operationally orderly,The guarantee market has also become gradually stable。 For details, please consult Hong Kong Xintong-!
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