Article 2 The term "financing guarantee" as mentioned in these Interim Measures refers to the act that the guarantor agrees with creditors such as banking financial institutions that the guarantor shall bear the guarantee liability stipulated in the contract according to law when the guaranteed fails to perform the financing debts owed to the creditors.
The term "financing guarantee company" as mentioned in these Interim Measures refers to the limited liability companies and joint stock limited companies established in Henan Province according to law and engaged in financing guarantee business, as well as the branches established in Henan by financing guarantee institutions outside the province.
Article 3 The system of joint meeting of financing guarantee business supervision in Henan Province (hereinafter referred to as joint meeting) shall be established. The leaders in charge of the provincial government are the conveners, and the departments of the Provincial Department of Industry and Information Technology, the National Development and Reform Commission, the Public Security Department, the Finance Department, the Commerce Department, the Industrial and Commercial Bureau, the Provincial Government Finance Office, the Provincial State Taxation Bureau, the Local Taxation Bureau, the Zhengzhou Central Branch of the People's Bank of China, and the Henan Banking Regulatory Bureau are the member units, which are responsible for studying, formulating and implementing policies and measures to promote the development and supervision of financing guarantee companies in the province. The joint meeting has an office, which is located in the Provincial Department of Industry and Information Technology. The Provincial Department of Industry and Information Technology, as the supervision department of financing guarantee business in the province, is specifically responsible for the examination and approval of the establishment, alteration and termination of financing guarantee companies, undertakes the supervision and management of financing guarantee companies, and reports to the provincial joint meeting.
Article 4 A financing guarantee company shall implement territorial supervision. The governments of cities and counties (cities, districts) under the jurisdiction of each province are the first responsible persons for the supervision and risk prevention of financing guarantee companies that conduct business within their respective jurisdictions. Industry and information technology departments are responsible for the daily supervision and risk disposal of financing guarantee companies, and implement continuous dynamic supervision with risk prevention as the core.
Article 5 A financing guarantee company shall take safety, liquidity and profitability as its operating principles, and establish a continuous and prudent business model of market-oriented operation. When engaging in business activities, a financing guarantee company shall follow the principles of honesty and trustworthiness and fair competition, and abide by laws, regulations, rules and policies, and shall not harm the national and social public interests.
A financing guarantee company shall keep secrets for its customers, and shall not use the information provided by customers to engage in activities that have nothing to do with the guarantee business or harm the interests of customers. Article 6 To apply for the establishment of a financing guarantee company and its branches, the application materials shall be submitted in accordance with the requirements of the regulatory authorities, which shall be examined and approved by the municipal regulatory authorities under the jurisdiction of the province, and the preliminary examination opinions shall be issued and submitted to the provincial regulatory authorities for examination and approval.
The approved establishment of financing guarantee companies and their branches shall be issued with the Business License of Financing Guarantee Institutions by the provincial supervision department; A financing guarantee company and its branches shall apply to the administrative department for industry and commerce for registration with a license.
A financing guarantee company and its branches shall, within 30 days after the administrative department for industry and commerce has gone through the registration formalities of establishment, alteration and cancellation, go to the supervisory department at the same level for the record and report to the provincial supervisory department. A financing guarantee company with financial investment holding or equity participation shall also file with the financial department at the same level.
Without the approval of the regulatory authorities, no unit or individual may establish a financing guarantee company, use the word financing guarantee in the name of the institution, or engage in financing guarantee business, except as otherwise provided by laws and administrative regulations.
Article 7 The establishment of a financing guarantee company. To apply for the establishment of a financing guarantee company within the jurisdiction of this province, in addition to meeting the conditions stipulated in the Interim Measures for the Administration of Financing Guarantee Companies, it shall also meet the following conditions:
(1) If the name is preceded by a provincial administrative division, the registered capital shall not be less than100000 yuan; If the name is preceded by the administrative division of a city under the jurisdiction of a province, the registered capital shall not be less than 50 million yuan; If the name is preceded by a county (city, district) administrative division, the registered capital shall not be less than 30 million yuan; Engaged in bond issuance and other guarantee business, the registered capital shall not be less than1000000 yuan; Engaged in credit re-guarantee business, the registered capital shall not be less than 500 million yuan.
(2) Except for wholly state-owned or state-owned holding companies, there are no less than five shareholders in other financing guarantee companies, of which 65,438+0 shareholders must be enterprise legal persons; The capital contribution of the main sponsor (the largest shareholder) shall not exceed 65% of the registered capital at most; The total capital contribution of related shareholders shall not be higher than 20% of the registered capital; The contribution of a single promoter is not less than 6,543,800 yuan, and the shareholding ratio is not less than 654.38+0%.
As the main sponsor, an enterprise as a legal person shall meet the following conditions: standardized management, good credit, strong strength, continuous operation for more than three years, profit in the last two consecutive fiscal years, accumulated net profit of more than 8 million yuan in the last three years, asset-liability ratio of no more than 70% and net assets of no less than 40 million yuan. The long-term investment after the implementation of this project shall not exceed 60% of the net assets in principle.
As the main sponsor, a natural person should meet the following conditions: having the economic strength to initiate capital contribution, having a certain industry background, having a certain influence in the industry, and being able to issue corresponding valid certificates; No major bad credit record, no major bad business record and no criminal record.
(3) The registered capital is paid-in monetary capital with true and lawful sources, which shall be paid in full by the investor or promoter at one time, and it is not allowed to use borrowed funds or funds entrusted by others to become shareholders.
(4) The directors, supervisors and senior management personnel of a financing guarantee company shall meet the requirements of the inter-ministerial joint conference on financing guarantee business supervision established in the State Council, abide by the law, be honest and trustworthy, and have professional knowledge, work experience and organizational management ability suitable for their positions.
Article 8 Establishment of branches of financing guarantee companies.
(1) A financing guarantee company shall meet the following conditions when establishing a branch: it has been engaged in the guarantee business for more than three years, with a registered capital of not less than 300 million yuan and no illegal business record; In the last two years, the guarantee business has been enlarged by more than 3 times every year, and the guarantee compensation rate is less than 3%; The maximum amount of working capital injected into branches shall not exceed 50% of the registered capital, and the minimum working capital of a single branch shall not be less than 30 million yuan.
(two) the provincial financing guarantee company intends to set up branches outside the province, shall obtain the consent of the provincial regulatory authorities. To set up a branch in the province, it shall obtain the consent of the provincial regulatory department where the financing guarantee company is headquartered, and report it to the provincial regulatory department for examination and approval.
If a financing guarantee company outside the province intends to set up a legal person institution or branch in our province, it shall obtain the consent of the provincial regulatory authorities where the financing guarantee company is located, and then report it to the provincial regulatory authorities for approval after the consent of the provincial regulatory authorities where the legal person institution or branch is located.
Article 9 Changes of financing guarantee companies and their branches. Where a financing guarantee company and its branches change the matters specified in the Interim Measures for the Administration of Financing Guarantee Companies, they shall report to the provincial regulatory authorities for approval in accordance with the establishment procedures. After approval, the financing guarantee company shall apply to the administrative department for industry and commerce for registration of change in accordance with relevant regulations.
Article 10 Termination of a financing guarantee company and its branches.
(1) If a financing guarantee company needs to be dissolved due to division, merger or dissolution as stipulated in the articles of association, it shall be examined and approved by the regulatory authorities, and the approval documents shall be presented to the administrative department for industry and commerce for cancellation of registration in time. When a financing guarantee company is dissolved, it shall return the business license of the financing guarantee institution at the same time.
(two) the financing guarantee company has a major illegal business behavior, and it will seriously endanger the market order and damage the public interest if it is not revoked by the regulatory authorities. Except as otherwise provided by laws and administrative regulations.
(3) Where a financing guarantee company is dissolved or revoked, a liquidation group shall be established according to law for liquidation, and relevant debts shall be paid off in time according to the debt settlement plan. The supervisory authority supervises its liquidation process. Before the guarantee liability is lifted, the shareholders of the company shall not distribute the company's property or obtain any benefits from the company.
(4) If a financing guarantee company is unable to pay off its debts due, and its assets are insufficient to pay off all its debts or obviously lack solvency, it will go bankrupt according to law.
(five) after the termination of the financing guarantee company, it shall apply to the registration authority for cancellation of registration, and report to the provincial supervision department within 5 working days after completing the relevant legal procedures. Article 11 Business areas of financing guarantee companies. A financing guarantee company shall carry out the guarantee business within the area approved by the provincial supervision department. Without approval, financing guarantee companies and their branches may not carry out guarantee business across administrative regions, and may not engage in guarantee business outside the country (territory) temporarily. A financing guarantee company whose name is preceded by a provincial administrative division can carry out guarantee business in the whole province; A financing guarantee company whose name is preceded by a provincial administrative division shall carry out guarantee business within the scope of the cities under the jurisdiction of this province; A financing guarantee company with the name of county (city, district) level administrative division shall carry out guarantee business within the county (city, district).
Article 12 The business scope of a financing guarantee company.
(1) With the approval of the regulatory authorities, a financing guarantee company may engage in some or all of the following financing guarantee businesses:
1. loan guarantee.
2. Bill acceptance guarantee.
3. Trade financing guarantee.
4. Project financing guarantee.
5. Letter of credit guarantee.
6. Other financing guarantee business.
(2) With the approval of the regulatory authorities, a financing guarantee company may engage in some or all of the following businesses:
1. litigation preservation guarantee.
2. Performance guarantee business such as bid guarantee, advance payment guarantee, project performance guarantee and final payment guarantee.
3. Intermediary services such as financing consultation and financial consultancy related to guarantee business.
4. Invest with your own funds.
5. Other businesses specified by the regulatory authorities.
(3) A financing guarantee company shall not engage in the following activities:
1. Deposit absorption.
2. issue loans.
3. Entrusted to issue loans.
4. Entrusted investment.
5. Other activities prohibited by the regulatory authorities.
If a financing guarantee company engages in illegal fund-raising activities, it shall be investigated and dealt with by the relevant departments according to law.
Article 13 Internal control of financing guarantee companies.
(1) The balance of financing guarantee liability of a financing guarantee company shall not exceed 65,438+00 times of its net assets; The balance of financing guarantee liability provided to a single guarantor shall not exceed10% of the net assets; The balance of financing guarantee liability provided to a single guarantor and its related parties shall not exceed15% of its net assets; The balance of guarantee liability provided for the issuance of single guarantee bonds shall not exceed 30% of the net assets.
(2) The financing guarantee company shall withdraw the unearned liability reserve according to 50% of the guarantee fee income of the current year, and withdraw the guarantee compensation reserve according to the proportion of not less than 65,438+0% of the guarantee liability balance at the end of the current year. If the guarantee compensation reserve reaches 65,438+00% of the guarantee liability balance of the current year, the difference shall be withdrawn. The guarantee compensation reserve drawn by a financing guarantee company shall be deposited in a special bank account, which can be used as a guarantee deposit for cooperation with banks.
(3) The guarantee fee charged by a financing guarantee company may be determined by the financing guarantee company and the guaranteed party through independent consultation according to the risk degree of the guaranteed project, but it shall not violate the relevant provisions of the state.
(4) Where a financing guarantee company invests with its own funds, it is limited to fixed-income financial products with high credit rating, such as treasury bonds, financial bonds, debt financing instruments of large enterprises, and other investments with no conflict of interest and a total amount not higher than 20% of its net assets. Except for subsidiaries approved by the regulatory authorities, financing guarantee companies may not invest in other institutions.
(5) A financing guarantee company shall not provide financing guarantee for its parent company or subsidiary company.
Article 14 Risk management of financing guarantee companies.
(1) A financing guarantee company shall improve its corporate governance structure, rules of procedure, decision-making procedures and internal audit system according to law, and maintain the effectiveness of corporate governance.
(2) A financing guarantee company shall establish a guarantee evaluation system, a decision-making procedure, an after-the-fact recovery and disposal system, a risk early warning mechanism and an emergency response mechanism that conform to the principle of prudent operation, formulate strict and standardized business operation procedures, and strengthen the risk evaluation and management of guaranteed projects.
(3) A financing guarantee company shall be equipped with or employ professionals with relevant qualifications in the fields of economy, finance, law and technology.
(4) A financing guarantee company shall, in accordance with the financial rules of financial enterprises and accounting standards for business enterprises, establish and improve the financial accounting system, and truly record and reflect the financial status, operating results and cash flow of the enterprise. Fifteenth supervision department is responsible for the supervision of financing guarantee companies and businesses, including off-site supervision, on-site inspection, information disclosure, major risk event reporting and emergency management. Governments at all levels should strengthen the functions of supervision departments, strengthen the construction of supervision teams, establish professional and relatively stable supervision teams, and equip them with necessary supervision facilities and means according to the principle of "off-site supervision" to ensure the performance of supervision duties.
Article 16 Off-site supervision system of financing guarantee companies.
(a) the establishment of a financing guarantee company registered capital bank custody system, formulate custody measures, set the custody ratio, and supervise the banking department to provide monthly reports.
(2) Establish the business information management system of financing guarantee companies, improve the information collection, collation, statistical analysis system and risk supervision scoring system of financing guarantee companies, and continuously monitor the business, management and risk status of financing guarantee companies in real time.
(3) Establish a credit rating system for financing guarantee companies, organize qualified credit rating agencies to rate financing guarantee companies, and incorporate the rating results and related information into the credit information system of the People's Bank of China; Financial institutions shall reasonably use the credit rating results of guarantee institutions.
(four) the regulatory authorities and the administrative department for Industry and Commerce shall, according to their respective responsibilities, conduct annual inspections and annual inspections on the operation of financing guarantee companies. A financing guarantee company shall provide materials as required.
Seventeenth financing guarantee companies to implement on-site supervision system.
(1) The regulatory authorities shall, according to the regulatory needs, organize relevant departments or intermediaries from time to time to inspect the operating conditions, financial conditions, risk control, system construction and qualification of employees of financing guarantee companies, take effective measures to deal with the problems found in time, and deal with those who violate the rules according to the circumstances.
When the regulatory authorities conduct on-site inspection of the financing guarantee company, the financing guarantee company shall cooperate and provide relevant documents and materials according to the requirements of the regulatory authorities. On-site inspection, the number of inspectors shall not be less than 2, and the inspection notice and relevant documents shall be presented to the financing guarantee company.
(2) According to the regulatory needs, the regulatory authorities have the right to ask the financing guarantee company to provide special materials, or meet with its directors, supervisors and senior management personnel for regulatory talks, and ask them to explain the relevant situation or make necessary rectification. When the regulatory authorities deem it necessary, they may inform the creditors of the violations or risks of the financing guarantee companies under their supervision.
(three) the regulatory authorities may, according to the needs, hire accounting firms, law firms, credit rating agencies and other social intermediary agencies to conduct special audits, due diligence or credit rating on financing guarantee companies, and report the inspection results to the provincial joint meeting.
Eighteenth financing guarantee companies to implement industry self-discipline and social supervision mechanism.
(a) the establishment of industry self-regulatory organizations, to perform self-discipline, rights protection, service and other duties. Guide financing guarantee companies to establish self-discipline mechanisms, formulate industry norms, and consciously resist unfair competition in the industry; Safeguard the legitimate rights and interests of financing guarantee companies and promote the communication between the government and financing guarantee companies and small and medium-sized enterprises; Carry out guarantee business training, information consultation, data statistics, theoretical research, foreign exchange and other services.
(two) the establishment of social supervision mechanism, make full use of and give full play to the power of social supervision, strengthen the supervision and restraint on the business behavior of financing guarantee companies, smooth the channels of complaint reporting, and improve the effectiveness of supervision.
Article 19 Information disclosure mechanism of financing guarantee companies.
(1) A financing guarantee company shall establish an information disclosure system, and disclose documents and materials such as operating report, financial accounting report, legal compliance report, capital utilization report, important resolutions of shareholders' meeting or board of directors to the regulatory authorities, shareholders of the company and cooperative banks as required. The information disclosed by a financing guarantee company shall be true, accurate and complete.
(two) the regulatory authorities should make a comprehensive analysis and evaluation of the development and supervision of the financing guarantee industry in their respective jurisdictions at the end of each year, and report the development and supervision of the financing guarantee industry in their respective jurisdictions in the next year before the end of February each year. Article 20 The regulatory authorities shall, jointly with relevant departments, establish a system for the discovery, reporting and handling of emergencies in the financing guarantee industry, formulate an emergency response plan for the financing guarantee industry, clarify the handling institutions and their responsibilities, handling measures and handling procedures, and timely and effectively handle emergencies in the financing guarantee industry.
Article 21 Major risk events and reports of financing guarantee companies. The financing guarantee company shall report the brief situation to the regulatory authorities within 3 hours after the occurrence of major risk events, and report the specific situation within 12 hours. Major risk events specifically include the following situations: financing guarantee companies trigger group events; The financing guarantee company's guarantee fraud, guarantee compensation or investment loss may reach more than 5% of its net assets; The major creditor's rights of the financing guarantee company have not been paid off at maturity, resulting in its liquidity difficulties, or it has been unable to pay off the debts due; The main assets of the financing guarantee company are sealed up, detained or frozen; The financing guarantee company is placed on file for investigation by the administrative organ or the judicial organ for being suspected of violating laws and regulations; The main investor of a financing guarantee company makes false capital contribution or withdraws capital contribution, or the main investor causes other significant adverse effects on the company; More than half of the directors, supervisors or senior managers of the financing guarantee company resign within 3 months; The main person in charge of the financing guarantee company is missing, dies abnormally or is taken compulsory measures by judicial organs according to law; Other circumstances that need to be reported.
Article 22 Risk control of financing guarantee companies.
(1) The regulatory authorities make timely and accurate judgments on the nature, changes and risk degree of major risk events of financing guarantee companies in their respective jurisdictions, report major risk events that endanger financial order, affect social stability and may lead to systemic risks to the government at the same level in a timely manner, deal with them in a timely manner in accordance with relevant regulations to prevent the spread of events, and report them to the higher regulatory authorities at the same time.
(two) the provincial regulatory authorities shall, in conjunction with relevant parties, deal with major risk events in the financing guarantee industry in this province in a timely manner, and report to the provincial joint meeting and the inter-ministerial joint meeting in a timely manner. Twenty-third supervision departments engaged in supervision and management personnel in any of the following circumstances, shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Examining and approving the establishment, alteration, termination and business scope of a financing guarantee company in violation of regulations.
(two) in violation of the provisions of the financing guarantee company on-site inspection.
(3) Failing to report major risk events and their disposal in accordance with the provisions of these Interim Measures.
(four) other acts in violation of laws, regulations and rules.
Twenty-fourth financing guarantee companies in violation of laws, regulations, rules and the provisions of the Interim Measures, the relevant laws, regulations and rules have penalties, in accordance with its provisions; If the relevant laws, regulations and rules do not provide for punishment, the regulatory authorities shall order it to make corrections until the business license is revoked, and the business license shall be revoked by the administrative department for industry and commerce according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-fifth without the approval of the provincial regulatory authorities to operate financing guarantee business, shall be banned and punished by the relevant departments according to law; Without the approval of the regulatory authorities, if the words financing guarantee are used in the name, the regulatory authorities shall order it to make corrections and punish it according to law. Twenty-sixth financing guarantee institutions outside the company system engaged in financing guarantee business, with reference to the relevant provisions of these Interim Measures.
Twenty-seventh the Interim Measures shall come into force as of the date of promulgation. Before the promulgation of these Interim Measures, if the provisions of our province on the management of financing guarantee companies are inconsistent with these Interim Measures, these Interim Measures shall prevail.