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How to set up a guarantee company to apply for financing

Operating rules and risk control: How to establish a financing guarantee company. Article 22: A financing guarantee company shall establish and improve its corporate governance structure in accordance with the law.,Improve the rules of procedure、Decision-making process and internal audit system,Maintain the effectiveness of corporate governance。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。

Article 23 Financing guarantee companies shall establish a guarantee evaluation system that conforms to the principle of prudent operation、decision making process、Post-event recovery and disposal system、Risk warning mechanism and emergency response mechanism,and formulate strict and standardized business operating procedures,Strengthen risk assessment and management of guarantee projects。Article 24 A financing guarantee company shall equip or hire an economic、finance、law、Professionals with relevant qualifications in technology and other fields。

across provinces、autonomous region、Financing guarantee companies that establish branches in municipalities directly under the Central Government shall establish 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。

Article 25 Financing guarantee companies shall comply with financial rules for financial enterprises, accounting standards for enterprises, etc.

Require

,Establish and improve financial accounting system,Truly record and reflect the financial status of the company、Operating results and cash flows。Article 26 Guarantee fees collected by financing guarantee companies,Depending on the risk level of the guaranteed project,Determined through independent negotiation between the financing guarantee company and the guaranteed party,However, it shall not violate relevant national regulations。

Article 27 The balance of the financing guarantee liability provided by a financing guarantee company to a single guaranteed party shall not exceed 10% of the net assets.,The balance of financing guarantee liability provided to a single guaranteed party and its related parties shall not exceed 15% of the net assets.,The balance of guarantee liability provided for the bond issuance of a single guaranteed party shall not exceed 30% of the net assets.。Article 28 The balance of financing guarantee liabilities of a financing guarantee company shall not exceed 10 times its net assets.。

Article 29 Financing guarantee companies invest with their own funds,limited to treasury bonds、Fixed-income financial products with high credit ratings, such as financial bonds and large corporate debt financing instruments,and other investments where there is no conflict of interest and the total amount does not exceed 20% of net assets。Article 30 Financing guarantee companies shall not provide financing guarantees for their parent companies or subsidiaries。

Article 31 Financing guarantee companies shall set aside 50% of the current year’s guarantee fee income for unexpired liability reserves.,And withdraw the guarantee compensation reserve at a rate of no less than 1% of the balance of guarantee liability at the end of the year。The cumulative guarantee compensation reserve reaches 10% of the balance of guarantee liability for the year,Implement difference withdrawal。The methods for withdrawing the difference and the management methods for the use of guarantee compensation reserves shall be formulated separately by the regulatory authorities.。

Regulatory authorities may, based on the liability risk status of financing guarantee companies and the needs of prudential supervision,,Proposing to increase the ratio of guaranteed compensation reserves

Require

。Financing guarantee companies shall implement risk classification management of guarantee liabilities,Accurately measure guarantee liability risks。Article 32 Financing guarantee companies and creditors shall establish business relationships based on the principle of consensus through consultation.,and clearly stipulate in the contract how to assume the guarantee liability.。

Article 33 Financing guarantee companies handle financing guarantee business,It should be agreed with the guaranteed party that relevant information can be continuously obtained during the guarantee period and that the party has the right to verify relevant situations.。Article 34 Financing guarantee companies and creditors shall establish a mechanism for the exchange of relevant information about the guaranteed person during the guarantee period.,Strengthen credit guidance and supervision of guaranteed persons,Jointly safeguard the legitimate rights and interests of both parties。

Article 35 Financing guarantee companies shall comply with the regulations of the regulatory authorities,corporate governance、financial accounting report、risk management status、Capital composition and utilization、Inform relevant creditors of the overall situation of the guarantee business and other information。


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