Detailed introduction: Guarantee companies have financing and non-financing characteristics.,More and more people are beginning to be confused about this。Some netizens on the Internet gave many explanations,Almost all are based on “business scope” as the distinguishing condition,This is indeed an indispensable measuring factor,but,This is the only way to distinguish,and lacks completeness。
Financing and non-financing guarantee companies not only have different business scopes,Approval system、Business rules、Risk control、Supervision and management are different。Financing guarantee,It 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。
Financing guarantee company,refers to the legal establishment,Limited liability companies and joint stock companies operating financing guarantee business。
- Approval system Non-financing guarantee companies can obtain operating procedures and qualifications in accordance with the provisions of the Company Law and the administrative approval regulations of the industrial and commercial administration department.。
Financing guarantee companies must first apply for a "business license" from the regulatory department determined by the provincial government.,Apply to the industrial and commercial administration department for registration with this license,Obtain business qualifications。It is stipulated in the "Interim Measures",No unit or individual may operate a financing guarantee company without approval from the regulatory authorities,Do not use the words "financing guarantee" in the name。
This shows,Financing guarantee companies have one more approval threshold than non-financing guarantee companies,and,Mandatory restrictions on business qualifications for financing guarantees
Require
。
- Business rules and risk control "Interim Measures"
Require
Financing guarantee companies should establish and improve corporate governance structures in accordance with the law,Improve the rules of procedure、Decision-making process and internal audit system,Maintain the effectiveness of corporate governance。
A guarantee evaluation system that conforms to the principles of prudent operation should be established、Post-event recovery and processing system、Risk warning mechanism and emergency response mechanism,and develop strict and standardized business operating procedures,Strengthen risk assessment and management of guarantee projects。The above should be the normal operating rules of the guarantee company,Whether it is a financing or non-financing guarantee company,All operations should be carried out in accordance with rules and systems,Only in this way can the company develop healthily in an orderly manner.。
Explain in the legislative form of the "Interim Measures",It can be seen that the usual guarantee companies are not rigorous enough in their work content.。In staffing and managing people
Require
aspect,The Interim Measures set out statutory
Require
:across provinces、autonomous region、Financing guarantee companies that set up branches in municipalities directly under the Central Government,There should be two or more independent directors,There should be a chief compliance officer and a chief risk officer。
Chief Compliance Officer、The chief risk officer should have relevant qualifications such as lawyer or certified public accountant,And personnel with financing guarantee or financial industry experience serve as。also,银监会于2010年9月27日颁布了《融资性担保公司董事、supervisor、管理人员任职资格管理暂行办法》,量化了融资性担保公司的监、管人员用人标准。
Non-financing guarantee companies have always lacked supervision from direct regulatory authorities,In terms of employees and company operations and governance structure,It’s all guided by the shareholders’ meeting,board of directors decision,smaller companies,Even the boss makes decisions alone,This will inevitably lead to operational management loopholes。It can be seen that,The state puts people first in financing guarantee companies,Determination and attitude to govern enterprises according to law。
About Hong Kong Xintong
Hong Kong Xintong focuses onGuangdong and Hong Kong license plates、Shenzhen Hazardous Chemicals Business License、Shenzhen labor dispatch licenseandShenzhen Charity Foundationapplication services,Assist customers to applyShenzhen travel agency business license、Shenzhen pawn shop business license、Shenzhen auction house license and other mainstream domestic financial licenses,Support enterprises to achieve compliance expansion of cross-border financial business。Also availableODI overseas investment registration、International travel agency registration and other services,Help enterprises expand their presence in international markets。Provide one-stop compliance solutions for enterprises。To learn more,Please contactHong Kong Information Communications Consultant。
Port communication






