one、开展保理业务的条件准入原则:控制也不断进入
- 投资主体条件(1)持续经营一年以上的企业法人,且须持牌金融机构或者具有过硬的经营商业保理或相关金融行业经验企业;(2)具备开展商业保理业务所需的足够资产规模和资金实力;(3)Have a sound corporate governance structure and complete risk internal control system,And there is no recent violation record;
- Other conditions(1)具有两名以上金融领域且不少于三年高管担任经验、无不良信用记录的高级管理人员;(2)应以公司形式设立,拟设立的商业保理公司注册资本不能低于5000万,必须全部以货币形式出资,两年以内到齐;(3)Have a complete internal control system,including but not limited to risk assessment、business process operations、Monitoring and other systems;(4)融资租赁公司如果兼营商业保理,则还需要额外满足融资租赁公司设立的规定。
two、注册设立保理公司的
Things to note
及建议1、设立保理公司可能存在的问题设立商业保理公司的申报材料里面,重要的是申请报告(feasibility study report),However, many companies have no experience in writing reports.,The only way is to search online、excerpt、Copy some materials uploaded by others,Including industry data, etc.,There is not enough relevance to the situation of one's own enterprise。
therefore,Many application reports have the following problems:(1)Industry research is disconnected from shareholder background,unconvincing;(2)Business model is unclear,The argument is not in place;(3)Wrong understanding of factoring,Designed factoring products violate regulations、Illegal;(4)Risk control system is out of touch with business model。Not enough understanding of the review meeting,Not well prepared,It still ended in failure,missed opportunity。
- Due to the aforementioned problems,As a result, many materials were returned by the competent authorities,或者终未能通过评审,A lot of manpower was wasted、Material resources。因此针对前述的问题,律海扬帆律师建议如下:(1)Before formally preparing application materials,好聘请保理专业人士,Conduct a training on the basics of commercial factoring,Including the essence of commercial factoring、legal attributes、business model、Risk prevention, etc.。
In order to have a comprehensive understanding of commercial factoring、In-depth understanding and understanding。(2)When drafting an application report,The business model must be set based on the background of shareholders,Then do industry analysis around the business model,It is necessary to compare industry conditions with enterprises
Advantages
Make sufficient arguments and explanations,Explain the investor’s original intention and purpose of establishing a commercial factoring company
Advantages
。
Then,Then combine the investor’s background and experience to set the factoring business areas to be developed.,And discuss the characteristics of factoring business in this field、process、Risk control, etc.。end,Combining executive experience and organizational structure,Explain the operational risk control measures for the proposed commercial factoring company。In this way,Clear context,clear and organized,That’s a beautiful application report.。(3)After completing the application report,Combine with other materials,Make a declaration。
After passing the preliminary review,The senior management team must prepare for the review meeting,In some regions, senior executives will be interviewed during the preliminary review process.。At this time,Senior executives must be familiar with the content of application materials,In fact, it is still necessary to have a complete understanding of commercial factoring,Some research is required,and be somewhat prepared for questions frequently asked by experts,Only in this way can you successfully pass the review。The establishment of a commercial factoring company is just the beginning,How you operate after you get the "license" is important.。
It is recommended that every factoring company should hire a professional team of lawyers to design a risk control system when operating.、business process、legal text。To ensure the stable operation of commercial factoring business。
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