Port communicationProcedures for registering a commercial factoring company. What does commercial factoring business in the Free Trade Zone mean? Its specific
Require
And what is the scope? What are the procedures for establishing a commercial factoring company?，What risks should we pay attention to and take precautions against?
answer：Commercial factoring business refers to the signing of a factoring agreement between suppliers and factors，Supplier transfers current or future accounts receivable to the factor，to obtain financing，Or obtain account management provided by a factoring company、Account collection、Bad debt guarantee and other services。It is a factoring business conducted by non-bank institutions。
Enterprises engaged in commercial factoring business refer to domestic and foreign-funded commercial factoring enterprises established in the free trade zone and domestic and foreign-funded financial leasing companies that concurrently engage in commercial factoring business related to their main business.。 one、Conditions for establishing a commercial factoring company 1. Corporate investors should have experience in operating commercial factoring business or related industries。
2.The investors of the enterprise should have the corresponding asset scale and financial strength to carry out factoring business.，Have a sound corporate governance structure and complete risk internal control system，No recent violation record。 3.When an enterprise applies for establishment，There should be at least two senior managers with management experience in the financial field and no bad credit records。 4.The enterprise should be established in the form of a company。
Registered capital shall not be less than RMB 50 million，And all investment is in the form of currency。 5.Have a complete internal control system，including but not limited to risk assessment、business process operations、Monitoring and other systems。 6.In addition to meeting the above conditions, financial leasing companies that also engage in commercial factoring business，It also needs to comply with the regulations for the establishment of financial leasing companies。
two、Business scope of commercial factoring 1. Import and export factoring business； 2.Domestic and offshore factoring business； 3.Consulting services related to commercial factoring； 4.Other permitted related businesses。 Financial leasing companies can apply to concurrently operate commercial factoring business related to their main business.，That is, the above-mentioned business related to leased properties and leased customers。
but，Enterprises engaged in commercial factoring business are not allowed to engage in the following activities： 1.Taking deposits； 2.Grant loans or be entrusted with granting loans； 3.Specialize in or be entrusted with collection business unrelated to commercial factoring、debt collection business； 4.fiduciary investment； 5.Other activities prohibited by state regulations。 three、Commercial Factoring Company Establishment Procedures Commercial factoring company establishment procedures are divided into two categories: domestic-funded commercial factoring companies and foreign-funded commercial factoring companies.。
1.Procedures for establishing domestic commercial factoring companies。 Newly established domestic factoring company engaged in commercial factoring business、An established domestic financial leasing company applies to concurrently operate commercial factoring business related to its main business，Submit an application to the Industrial and Commercial Branch of the Free Trade Zone，The Industrial and Commercial Branch of the Free Trade Zone shall consult the Free Trade Zone Management Committee and handle the registration procedures.。 2.Procedures for establishing foreign-funded commercial factoring companies。
(1) Newly established foreign-funded factoring companies engaged in commercial factoring business，First submit an application to the Free Trade Zone Management Committee，After obtaining the registration certificate issued by the Free Trade Zone Management Committee，Go to the Free Trade Zone Industrial and Commercial Branch to complete the registration procedures。
(2) Newly established and existing foreign-funded financial leasing companies apply to concurrently operate commercial factoring business related to their main business，Submit an application to the Free Trade Zone Management Committee，Approval document issued by the Free Trade Zone Management Committee，The enterprise shall go through the registration formalities with the Shanghai Administration for Industry and Commerce with the approval document and approval certificate.。 3.Materials required to establish a commercial factoring company。
(1) Risk assessment、Monitoring and other risk control system provisions； (2) Proof of experience in operating commercial factoring business or related industries； (3) Qualification certificates of management personnel and risk control department personnel； (4) Audit reports of the investing parties in the past year audited by an accounting firm。 Notice，Commercial factoring companies other than financial leasing companies that concurrently engage in commercial factoring business related to their main business should add "”commercial factoring”words。
Four、Risk prevention for commercial factoring companies Enterprises engaged in commercial factoring business can contact banks and non-bank financial institutions and shareholders*、issue bonds、Financing through legal channels such as refactoring，Financing sources must comply with relevant national laws、regulations。To prevent risks，Ensure business safety，Enterprises engaged in commercial factoring business should develop credit risk management platforms，Enterprise risk assets generally shall not exceed 10 times of total net assets。
1.Risk assets are the total assets of the enterprise minus cash.、bank deposit、The total amount of remaining assets after the national debt is determined。 2.Enterprises engaged in commercial factoring business must register online in the Accounts Receivable Pledge Registration and Publicity System of the Credit Information Center of the People's Bank of China，During the operation process, each transferred account receivable must be registered in the system.，and obtain the initial registration certificate。
If there is a change in accounts receivable registration、After logging out，Commercial factoring companies should register in the system in a timely manner，and get changes、Cancellation of registration certificate。 3.Enterprises engaged in commercial factoring business should entrust a bank in the free trade zone that has joined an international factoring enterprise organization as a depository bank.，And open a special account for commercial factoring operating funds in the bank。Enterprises engaged in commercial factoring business can only use special accounts to carry out daily commercial factoring business.。
The scope of use of funds in the special account and
Require
Adjustments or additions will be made after the relevant reform measures for the free trade zone are clarified.。
4.Enterprises engaged in commercial factoring need to do a good job in reporting major matters，Within 5 working days after the following events occur，Log in to the information system and report to the industry authorities，And cooperate with industry authorities to implement supervision and inspection： (1) Changes in major shareholders holding more than 5% of shares； (2) A single major related transaction with an amount exceeding 5% of net assets； (3) A single major debt exceeding 10% of net assets； (4) Contingent liabilities with a single amount exceeding 20% of net assets； (5) Major losses or liability exceeding 10% of net assets； (6) Chairman、Changes in general managers and other senior management personnel； (7) Capital reduction、merge、separate、Dissolution and filing for bankruptcy； (8) Major pending litigation、arbitration。
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