Port communication深圳互联网金融备案条件许可 2025年7月3日晚间，The official website of the Shenzhen Finance Office released the "Shenzhen Online Lending Information Intermediary Institutions Registration and Registration Management Measures (Shenzhen Version Draft)" (hereinafter referred to as the "Shenzhen Version Draft")，As soon as this article was published, it attracted the attention of various online lending institutions.、Great attention from online loan giants and related industry insiders。
Shenzhen is the “important town” of China’s online lending market，Has more than 300 online loan platforms，Loan balance exceeds 150 billion yuan，Accounting for about 15% of the country’s，Compared with the previous Xiamen、Guangdong、Comparison with the Shenzhen version of the Opinion Draft on the Registration and Management Measures for Online Lending Information Intermediaries issued by Shanghai and other places，The Shenzhen version of the draft opinion is both regulatory and、Is it about the organization and staffing or the filing?，All regulations are relatively comprehensive.、refine、strict，It can be called the “strictest opinion draft” to date.，The reason why it attracts so much attention，Presumably it is this power that can stir up the huge capital market.。
This article is from the perspective of a mutual financial lawyer，From the perspective of issuing legal opinions，Interpretation of the Shenzhen version of the opinion draft，It has certain reference significance for existing and new online lending institutions.。
one、Things that need to be rectified by existing online lending institutions 1、Industrial and commercial changes (1) Change of company name and business scope Article 6 of the Shenzhen version of the draft mentions that online lending information intermediaries can use the words "online lending information intermediary" in the company name，The relevant content of “online lending information intermediary services” should be clarified in the business scope。
Article 7 stipulates that online lending information intermediaries that have been established and carried out business activities before the promulgation of these Measures,You should go to the commercial registration department to modify your business scope。Therefore, it is necessary to go through the procedures for changing the company name and business scope.。
(2) Change of business location Article 9, Paragraph 4 of the Shenzhen version of the Opinion Draft stipulates that the registration place of an online lending information intermediary shall not be residential land;The business address and registered address should be consistent，If there is any inconsistency, the registered address should be changed to the place of business.;The area of the business premises should be no less than 100 square meters。
Whether it is a change in company name or business scope，Or a change of business location?，All are to clarify the nature and business scope of online lending institutions.，Ensure transparency，And it is more in line with the conditions that reporting entities should have during the filing and reporting process.，*At least it can be declared from these labels。The above matters require industrial and commercial change procedures.，Get a new business license，After passing the inspection and acceptance by the Municipal Finance Office,，Only then can you apply for filing and registration。
2、Department Establishment and Construction (1) Establishing a Risk Control and Compliance Department Article 9 of the Shenzhen version of the opinion draft stipulates that online lending information intermediaries apply for filing and registration，A risk control and compliance department should be set up。
The establishment of a risk control and compliance department will be a necessary condition for applying for filing and registration.，And it is different from the management methods of other prefectures and cities.，The Shenzhen version of the opinion draft is highlighted as a separate article，Highlights the importance of risk control department，It also reflects the formality of the online lending institution.，Have strong risk management awareness and ability。Compared with institutions without risk control systems in terms of reducing financial risks in lending business，Be more persuasive。
(2) Set up an independent sales supervision and complaint acceptance department. Paragraph 2 of Article 9 of the Shenzhen version of the Opinion Draft stipulates that online lending information intermediaries applying for filing and registration shall have independent sales supervision and complaint acceptance departments.。
The "Guidelines for Filing and Registration of Legal Opinions" issued by Xiamen for online lending institutions mentioned that practicing lawyers should conduct sufficient due diligence on the basis of，A legal opinion should be issued on whether the applicant institution has established an internal control system for various risk management that is consistent with its business model.，And register here
Require
The establishment of independent sales supervision and complaint acceptance departments is a reflection of its internal control system。
The Shenzhen version of the opinion draft is contrary to the empty "internal control" slogan in other opinion drafts，Concrete internal control system，Put it into practice，It also reflects its strictness。
3、财务上的资金存管和结算模式深圳版意见稿中*引人关注的是有关资金存管的规定，Paragraph 5 of Article 9 stipulates the main fund settlement accounts of online lending information intermediaries(Including special accounts for online lending funds)It should be opened in the branch of a commercial bank within the administrative jurisdiction of Shenzhen City.。
Paragraph 6 mentions the application for filing and registration by online lending information intermediaries，It should be consistent with having a branch or above within the administrative jurisdiction of Shenzhen City.(Contains)Commercial banks of the same level of institutions have reached fund depository arrangements.。
The reason why Shenzhen made the decision to localize fund depository is because online lending institutions operate across regions.、The problem of mixed business operation is prominent，In Shenzhen’s P2P platform，There are many places of registration in Qianhai, Shenzhen，But he works somewhere else，If such a cross-regional operating platform does not implement the principle of localization,，It is easy to drift outside the policy，due to lack of regulation，Harm the interests of investors。
besides，Regarding the level of depository banks
Require
It poses higher challenges to those platforms that have signed depository agreements with banks and connected them online.，But in the long run，More conducive to timely supervision by regulatory agencies，Enhance investors’ confidence in the platform and the entire industry，Policies to ensure the safety of investors’ funds。
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