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Establish financing guarantee conditions

Conditions for establishing a financing guarantee A financing guarantee company refers to a company established in accordance with the law,Limited liability companies and joint stock companies operating financing guarantee business。Financing guarantee 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。

Non-financing guarantees refer to those established in accordance with the law within the administrative region of the People's Republic of China.,However, it has not obtained the "Operation License of Financing Guarantee Institution of the People's Republic of China",Institutions that actually provide business to legal persons and natural persons。 in business,Financing guarantee business is a franchise business,Mainly working with banks,Guarantee for the borrower,They have a bank line of credit。

Non-financing guarantee agency,Mainly doing things like litigation preservation guarantees、Bid guarantee and other performance guarantee business。The former can concurrently run the latter's business,The latter cannot operate the former's business。 Guarantee guarantees are divided into two modes in practical applications.,a general warranty,a joint and several guarantee。

As a general guarantee,It is rarely used in the banking field,However, it is more commonly used in the field of private lending.,Because ordinary people have no idea about the concept of general guarantees。This kind of guarantee means before fulfilling the promise,is conditionally bound,In layman's terms,That is, when a project defaults,Before going through a series of procedures such as judicial trials,,The guarantor does not fulfill its underwriting obligations。

this means,If this form of guarantee is used to guarantee the project,In fact, it deviates from the ultimate purpose of introducing guarantees.。Why have a guarantee??In fact, it is to pass on the time cost of asset disposal to the guarantor.,But if the general guarantee method is adopted,So in fact, the effect of this transfer has been weakened.。The opposite is true for joint and several guarantees.,Once the debtor defaults,The guarantor must immediately assume joint and several liability。

Conditions for establishing financing guarantees: Establish a 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; The maximum registered capital limit for financing guarantee companies is determined by each province.、autonomous region、The municipal regulatory authorities shall determine based on the actual local conditions,But not less than RMB 5 million。

that is,provinces、autonomous region、The *registered capital of financing guarantee companies established by municipalities directly under the Central Government shall be determined according to the local economic conditions.、Social development situation and actual needs for developing the financing guarantee industry,It is up to the local regulatory authorities to decide,However, the establishment of financing guarantee companies in any region,The registered capital shall not be less than RMB 5 million.。

(Four)Have qualified directors、Supervisors and 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。

Access conditions for non-financing guarantee institutions: (one)The actual received monetary funds of non-financing guarantee institutions should reach more than 30 million yuan;The actual received monetary funds of a guarantee institution engaged in financing guarantees should reach more than 100 million yuan.;To engage in guarantee business across provinces, the amount of paid-in monetary capital should be more than RMB 200 million.。 (two)The sponsor has no criminal record、No bad credit history。

(three)Have full-time technical practitioners,Practitioners should meet the following conditions:1、Senior managers should have the necessary industry policies、Business knowledge such as laws and regulations,More than 3 years of working experience in related industries;2、Key business personnel are familiar with business rules and business operating procedures,No criminal record、No bad credit history。Two-thirds of the staff have more than 2 years of work experience in industry-related business。

(Four)Have a sound management system and risk control personnel system。 (five)Other conditions stipulated by government regulatory authorities and industry guidance departments。 (six)More than 5 people have obtained practitioner qualifications。


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