港信通-专业办理各类金融牌照申请,Register a commercial factoring company、Financial leasing company registration、Commercial factoring company registration、New Fourth Board Listing、Pawn shop business license application、Application for Financing Guarantee License、小额贷款牌照申请、危险品经营许可证申请办理,Welcome to call us!
设立融资性担保公司的条件 设立融资性担保公司的条件(一)有符合《中华人民共和国公司法》规定的章程。(2) There are shareholders with the ability to continuously contribute capital。The legal person shareholder has made continuous profits in the past three fiscal years and has no bad credit record;Natural person shareholders have full capacity for civil conduct,No criminal or bad credit history;Shareholders have the ability to continue to contribute capital,The source of investment funds is true and legal。
(3) Have registered capital that meets the regulations。The registered capital of a mutual financing guarantee company shall not be less than RMB 5 million.;The registered capital of a financing guarantee company operating within a province or city should be RMB 30 million or above.;The registered capital of a financing guarantee company operating across provinces should be RMB 100 million or above.。
Financing guarantee companies must have legal person shareholders,法人股东出资应占总资本的30%以上,自然人股东单一出资人出资应不少于人民币100万元。(4) Have directors who meet the qualifications for office、Supervisors and senior managers and qualified practitioners。
director、Supervisors and senior managers should meet the following conditions: 1.Have full capacity for civil conduct;2.Obey the law,Honesty and trustworthiness,Diligent and conscientious,Have good professional ethics、character and reputation;3.Familiar with the economy、finance、Guarantee laws and regulations,Have a good sense of compliance and prudent business operations;4.Possess knowledge appropriate to the proposed position、experience and ability;5.The proposed independent director should also be a legal、economy、finance、Accounting or guarantee professionals,There must be no conflict of interest with the financing guarantee company you intend to work for.;6.Senior managers of financing guarantee companies should have been engaged in guarantee or financial work for more than three years.,Or have been working in related industries for more than five years。
(5) Have a sound organizational structure、Internal control and risk management system。(6) Comply with
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business premises。Four、Business scope and relevant regulations of financing guarantee companies。Financing guarantee company business scope:1.loan guarantee;2.Bill acceptance guarantee;3.trade finance guarantee;4.project finance guarantee;5.Letter of credit guarantee;6.Other financing guarantee business。
Financing guarantee companies are approved by regulatory authorities,Can concurrently engage in some or all of the following non-financing guarantee businesses:1.Litigation Preservation Guarantee;2.bid security、advance payment guarantee、Project performance guarantee、Performance guarantee business such as guarantee of final payment as agreed;3.Financing consultation related to guarantee business、Financial advisory and other intermediary services;4.Invest with own funds;5.Other businesses specified by regulatory authorities。
Financing guarantee companies can provide re-guarantee for the guarantee liabilities of other financing guarantee companies and handle bond issuance guarantee business,However, the following conditions must be met at the same time:1.No violations in the past two years、Bad record of violations;2.Other prudential conditions specified by regulatory authorities。Financing guarantee companies engaged in re-guarantee business must meet the conditions specified in the preceding paragraph in addition to,Registered capital should be no less than RMB 100 million,And operate continuously for more than two years。
Financing guarantee companies shall not engage in the following activities:1.Taking deposits;2.grant loans;3.Trusted to grant loans;4.fiduciary investment;5.Other activities prohibited by regulatory authorities。 five、The company’s operating rules and risk control
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。Financing guarantee companies should establish and improve corporate governance structures in accordance with the law,Improve the rules of procedure、Decision-making process and internal audit system,Maintain the effectiveness of corporate governance。
Financing guarantee companies should establish a guarantee evaluation system that complies with the principles 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。
Financing guarantee companies shall comply with the Financial Rules for Financial Enterprises and Accounting Standards for Business Enterprises, etc.
Require
,Establish and improve financial accounting system,Truly record and reflect the financial status of the company、Operating results and cash flows。
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。The balance of financing guarantee liabilities of a financing guarantee company shall not exceed 10 times its net assets.。
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。Financing guarantee companies shall withdraw 50% of the current year's guarantee fee income as 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
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。 Financing guarantee companies shall implement risk classification management of guarantee liabilities,Accurately measure guarantee liability risks。
six、Capital of financing guarantee companies、Regulation of collecting customer deposits
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。The focus of supervision on financing guarantee companies is capital custody、Management and use of guarantee deposits、Is there any overseas investment beyond the scope?、Escape capital、illegal fund raising、direct lending、Over limit guarantee。
Financing guarantee companies shall sign capital custody agreements with banking financial institutions,Full custody of its capital by one or more banking institutions (the same bank can only open one custody account)。The capital custody agreement should specify that the capital is only used for financing guarantee business and is reasonable.
cost
expenditure、Compensatory payment、Entrust financial institutions for low-risk financial management and other purposes permitted by regulatory agencies,Not to be used for other purposes。
Customer deposits collected by financing guarantee companies for guarantee business,To deposit the margin into a special custody account,Separate accounting,Supervised by capital,Not to be used for other purposes。监管部门根据监管需要,have the right
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Financing guarantee companies provide special information,有权约见其董事、supervisor、Senior managers conduct regulatory conversations,
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Explain the relevant situation or make necessary corrections。
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