Port communicationone、Classification of financial leasing companies 1、Due to different regulatory agencies and the nature of investment，Leasing companies that can be divided into financial systems、Foreign financial leasing companies and domestic pilot financial leasing companies。
Financial leasing companies in the financial system are subject to the approval of the China Banking Regulatory Commission，Registered capital is more than RMB 100 million；Foreign-invested financial leasing companies are subject to the approval of the Ministry of Commerce，Registered capital exceeds USD 10 million，The Ministry of Commerce has now delegated approval authority to each province.、Municipal Commerce Commission；Domestic pilot financial leasing companies are jointly approved by the Ministry of Commerce and the State Administration of Taxation，Registered capital is more than RMB 170 million。
After acceptance by the provincial commerce commissions, they will be forwarded to the Ministry of Commerce and the State Administration of Taxation for approval.。 2、 Due to different sources of funds and business purposes，Can be divided into manufacturer type financial leasing companies and independent type financial leasing companies。Manufacturer-type financial leasing companies are financial leasing companies mainly funded by machinery and equipment providers.，The business purpose is to support sales business development，Independent financial leasing companies are established with investment from social capital or bank capital.，The purpose of business is to obtain rental income。
The following focuses on the establishment conditions of foreign-funded financial leasing companies and domestic-funded pilot financial leasing companies.、Establishment procedures and supervision
Require
，These are the two main forms that newly established financial leasing companies examine.。
two、Conditions for the establishment of a financial leasing company (1) Foreign-funded financial leasing company The conditions for the establishment of a foreign-funded financial leasing company include the following aspects:： 1、All investors must be corporate legal persons，And have relevant industry background or potential market for financial leasing business、Customer conditions； 2、All investors must continue to operate for more than one year，The total assets of the foreign investor shall not be less than US$5 million.，The total assets of each investor shall match the amount of registered capital subscribed by the financial leasing company； 3、Investors need to have good credit standing，It is necessary to provide the true facts of the investment parties、Legal asset certificate、Audit report and bank credit certificate； 4、The financial leasing company to be established requires financial and related professionals，And have 2 to 5 people、Served as a senior executive in a financial leasing company for more than three years、Have relevant qualification certificates、Senior managers with a bachelor’s degree or above； 5、The proportion of foreign investment is not less than 25%，Can be a wholly foreign-owned financial leasing company。
(2) Domestic-funded pilot financial leasing company The proposed domestic-funded pilot financial leasing company must meet the following requirements:
Require
： 1、Domestic-funded pilot financial leasing companies are worth RMB 170 million，and requires actual capital verification； 2、Have a sound internal management system and risk control system； 3、Has five senior executives with finance-related majors、And such executives have more than 3 years of management experience in finance or financial leasing companies； 4、The shareholder company has an industry background related to engaging in financial leasing products；At the same time, highlight the core business，Stable source of funds、Equity relationship is simple and transparent、Sound corporate governance structure、Development strategy and profit model are clear，Good integrity and tax record； 5、And the priority pilot areas are equipment manufacturing and sales for major shareholders.、Field background of large-scale engineering construction and infrastructure construction，Or serve small, medium and micro enterprises and rural agricultural modernization development，Or not energy saving and environmental protection、new generation information technology、High-end equipment manufacturing、New energy, new materials and other strategic emerging industry services，To fill the tube、Municipal、medical、educate、culture、Elderly care field or industrial services，Serving the export of manufacturing products and the “going global” development of enterprises，For various national key development zones and new areas、National Economic Reform and Development Pilot Zone、Economic construction services for advanced economic and technological development zones, etc.。
6、at the same time，Must fully explain the parent company’s operating conditions (operating income、profit、Asset-liability ratio、Including tax status)、The main business areas to be considered when planning to carry out financial leasing business、business model、Source of funds、The overall business development plan for the next three years and the risk control and other internal management systems of the proposed pilot company。
three、Financial leasing company establishment procedures 1、Approval process (1) Submit materials to the provincial or advanced development zone commercial department where the enterprise is to be established.； (2) After preliminary review by the above-mentioned commercial authorities,，Submit the application documents and preliminary review opinions to the Ministry of Commerce within 15 working days from the date of receipt of all application documents.； (3) The Ministry of Commerce shall make a decision on whether to approve it within 45 working days from the date of receipt of all application documents.，Approved to be established，Issue "Foreign-invested Enterprise Approval Certificate"，Not approved，Reasons should be stated in writing； (4) Foreign-invested financial leasing companies shall go through the registration procedures with the industrial and commercial administration department within 30 working days from the date of receipt of the "Foreign-Invested Enterprise Approval Certificate"。
Note：The establishment of foreign-invested financial leasing companies with a registered capital of less than 50 million US dollars shall be reviewed by the provincial commerce department.、manage。Foreign-invested financial leasing companies with a registered capital of US$50 million (not including US$50 million) shall be reviewed by the Ministry of Commerce、manage。
2、Submission materials (1) Application form； (2) Feasibility study report signed by all investors； (3) Contract、Articles of Association (Foreign-invested enterprises only submit articles of association)； (4) Bank credit certificates of all investors、Registration certificate (copy)、Identity certificate of legal representative (copy)； (5) Audit reports of the investing parties in the past year audited by an accounting firm； (6) List of board members and letters of appointment of directors from all investing parties； (7) Qualification certificates of senior managers； (8) Notice of pre-approval of enterprise name issued by the industrial and commercial administration department； (9) Site use agreement (original) and real estate ownership certificate (copy)； (10) Documents signed by non-legal representatives，A power of attorney for the legal representative should be issued。
(2) Domestic pilot financial leasing companies 1、Approval process (1) Provinces、autonomous region、municipality、The commercial authorities of cities under separate state planning shall, based on the actual development of the leasing industry in the region,，Recommend 1-2 companies engaged in various advanced or applicable production、communication、medical、Environmental friendly、Scientific research and other equipment，Construction machinery and transportation tools (including aircraft、ship、Cars, etc.) leasing companies participate in the pilot work； (2) The recommended enterprises have been approved by the Ministry of Commerce、After joint confirmation by the State Administration of Taxation，Included in financial leasing pilot scope。
2、Submission materials (1) Recommendation letter from the provincial commerce department； (2) Application and feasibility study report for enterprises to engage in financial leasing business； (3) Copy of business license (photocopy)； (4) Articles of Association，Enterprise internal management system and risk control system documents； (5) Financial accounting reports for the past three years issued by a qualified accounting firm； (6) Proof that there are no records of violations of laws and regulations in the past two years； (7) List of senior managers and qualification certificates。
Four、Regulatory systems that financial leasing companies should comply with (1) Foreign financial leasing companies The regulatory agencies are the Ministry of Commerce and provincial commerce authorities，China Association of Enterprises with Foreign Investment Leasing Industry Committee is a self-regulatory organization。 supervision
Require
： The risk assets of a foreign-invested financial leasing company shall generally not exceed 10 times the total net assets.。
Risk assets are the total assets of the enterprise minus cash.、bank deposit、Determine the total amount of remaining assets after treasury bonds and entrusted lease assets。Foreign-invested financial leasing companies should submit a business operation report for the previous year and a financial report audited by an accounting firm for the previous year to the Ministry of Commerce before March 31 of each year.。 (2) Domestic-funded pilot financial leasing companies The regulatory agencies are the Ministry of Commerce, the State Administration of Taxation and provincial-level commerce、tax authorities。
supervision
Require
： Risk assets of financial leasing pilot enterprises(Including guaranteed balance)Must not exceed 10 times of total capital。Financial leasing pilot enterprises should report their operating conditions of the previous quarter to the provincial commerce authorities before the 15th of each quarter.，And copy it to the Ministry of Commerce。The Ministry of Commerce and the State Administration of Taxation will adopt regular or irregular methods.，Randomly check the operating conditions of pilot enterprises。
For enterprises that violate relevant laws and regulations and the above-mentioned management regulations，The Ministry of Commerce will disqualify its financial leasing pilot enterprises。
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