Interim Measures for the Management of Financing Guarantee Companies

2010March 8，China Banking Regulatory Commission、National Development and Reform Commission of the People's Republic of China、Ministry of Industry and Information Technology of the People's Republic of China、Ministry of Finance of the People's Republic of China、Ministry of Commerce of the People's Republic of China、The People's Bank of China and the State Administration for Industry and Commerce issued the "Interim Measures for the Administration of Financing Guarantee Companies" to strengthen the supervision and management of financing guarantee companies.，Standardize financing guarantee behavior，Promote the healthy development of the financing guarantee industry，According to the "Company Law of the People's Republic of China"、"Guarantee Law of the People's Republic of China"、"Contract Law of the People's Republic of China" and other legal provisions，China Banking Regulatory Commission、National Development and Reform Commission of the People's Republic of China、Ministry of Industry and Information Technology of the People's Republic of China、Ministry of Finance of the People's Republic of China、Ministry of Commerce of the People's Republic of China、People's Bank of China、The State Administration for Industry and Commerce has formulated the "Interim Measures for the Administration of Financing Guarantee Companies"，approved，Now announced。

Effective from the date of announcement。Chapter 1 General Provisions Article 1 of the Interim Measures for the Administration of Financing Guarantee Companies To strengthen the supervision and management of financing guarantee companies，Standardize financing guarantee behavior，Promote the healthy development of the financing guarantee industry，According to the Company Law of the People's Republic of China、"Guarantee Law of the People's Republic of China"、"Contract Law of the People's Republic of China" and other legal provisions，Formulate these measures。

Article 2 The term "financing guarantee" as mentioned in these Measures refers to the agreement between the guarantor and creditors such as banking financial institutions.，When the guaranteed party fails to perform the financing debt owed to the creditor，The guarantor assumes the guarantee liability stipulated in the contract in accordance with the law。The term “financing guarantee company” as mentioned in these Measures refers to a company established in accordance with the law.，Limited liability companies and joint stock companies operating financing guarantee business。

The regulatory authorities mentioned in these Measures refer to provincial、autonomous region、The department designated by the people's government of the municipality directly under the Central Government to be responsible for the supervision and management of financing guarantee companies within its jurisdiction.。Article 3 Financing guarantee companies shall be based on safety、Liquidity、Profitability is the operating principle，Establish a sustainable and prudent business model with market-oriented operation。Financing guarantee companies and enterprises、Business dealings with customers such as banking financial institutions，The principle of honesty and trustworthiness should be followed，and comply with the terms of the contract。

Article 4 Financing guarantee companies carry out business in accordance with the law，not subject to any authority、Interference from organizations and individuals。Article 5 Financing guarantee companies carry out business，should obey the law、Regulations and the provisions of these Measures，Shall not harm national interests and social public interests。Financing guarantee companies shall keep confidentiality of clients，Information provided by customers shall not be used to engage in any activities unrelated to the guarantee business or detrimental to the interests of the customers.。

Article 6 Financing guarantee companies shall abide by the principle of fair competition when conducting business，Not engage in unfair competition。Article 7 Financing guarantee companies shall be established by the province、autonomous region、The people's governments of municipalities directly under the Central Government implement territorial management。Province、autonomous region、The regulatory departments determined by the people's governments of municipalities directly under the Central Government are specifically responsible for the admission of financing guarantee companies within their respective jurisdictions.、quit、Daily supervision and risk management，and established the inter-ministerial joint meeting report on the supervision of financing guarantee business。

Chapter 2 Establishment、Change and Termination Article 8 Establishment of Financing Guarantee Company and its Branches，Should be reviewed and approved by regulatory authorities。Approved financing guarantee companies and their branches，Business license issued by regulatory authorities，And apply for registration with the industrial and commercial administration department based on this license。

No unit or individual may operate financing guarantee business without approval from regulatory authorities，Do not use the words "financing guarantee" in the name，law、Except as otherwise provided by administrative regulations。Article 9 Establishment of Financing Guarantee Company，The following conditions should be met:(one)Have articles of association that comply with the provisions of the Company Law of the People's Republic of China。(two)Have shareholders with the ability to continuously contribute capital。(three)Have registered capital that complies with the provisions of these Measures。

(Four)Have qualified directors、supervisor、Senior managers and qualified practitioners。(five)Have a sound organizational structure、Internal control and risk management system。(six)There is conformity

Require

business premises。(seven)Other prudential conditions specified by regulatory authorities。director、supervisor、The qualification management measures for senior managers and practitioners shall be formulated separately by the inter-ministerial joint meeting on the supervision of financing guarantee business.。

Article 10 The regulatory authorities shall stipulate the minimum limit of registered capital of financing guarantee companies based on local actual conditions.，But not less than RMB 50 million。Registered capital is paid-in monetary capital。

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