Notice on Implementing the Notice of the State Council on Strengthening the Management of Local Government Financing Platform Companies (FB [2065438+00] No.412)

The finance departments (bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning, the development and reform commission, the Shanghai headquarters of the People's Bank of China, branches, business management departments, provincial capital city center branches, sub-provincial city center branches and banking regulatory bureaus:

In order to effectively implement the Notice of the State Council on Strengthening the Management of Local Government Financing Platform Companies (Guo Fa [2065 438+00] 19, hereinafter referred to as the Notice), relevant matters are hereby notified as follows:

First, pay close attention to cleaning up, verifying and properly handling the debts of financing platform companies.

Clearing and verifying the debts of financing platform companies is the premise of standardized management. The financing platform companies included in the scope of this clean-up and verification refer to the economic entities established by local governments, their departments and institutions, and their affiliated institutions. Through financial allocation or injection, as of June 30, 20 10, assets such as land and equity that have the investment and financing function of government public welfare projects and have independent legal personality, including various comprehensive investment companies. Such as construction investment companies, construction development companies, investment development companies, investment holding companies, investment development companies, investment group companies, state-owned assets operation companies, state-owned capital management centers, and industrial investment companies, such as transportation investment companies.

Liquidated and verified debt refers to the debt formed by the financing platform company through direct loan, default, guarantee, repurchase and other credit support as of June 30, 20 10.

After clearing and verifying, the debts of financing platform companies are classified according to the following principles: the debts borrowed by financing platform companies to undertake the construction and operation of public welfare projects and mainly repaid by financial funds; The financing platform company undertakes the construction and operation of public welfare projects, and the project itself has stable operating income, mainly relying on its own income to repay debts; Debt borrowed by financing platform companies to undertake the construction and operation of non-public welfare projects.

The "public welfare projects" in the Notice refer to government investment projects that serve public interests, are not for profit, and cannot or should not operate in a market-oriented manner, such as infrastructure projects such as municipal roads and public transportation, as well as basic construction projects such as public health, basic scientific research, compulsory education and affordable housing projects.

In the notice, "debts borrowed by financing platform companies to undertake public welfare projects and mainly repaid by financial funds" refers to the debts borrowed by financing platform companies to undertake public welfare projects, and it is determined that more than 70% (including 70%) of the repayment funds come from financial funds such as general budget funds, government fund budget income, state-owned capital operating budget income and extra-budgetary income according to the agreement, project nature or relevant policies. The above financial funds do not include the land use right transfer income that has been injected into the financing platform company, the land use right transfer income return obtained by undertaking the construction of government public welfare projects, vehicle tolls and other special fees.

The "project under construction" in the notice refers to the project that has been approved, examined and approved by the relevant investment authorities or put on record in accordance with the relevant regulations and has started construction as of June 30, 20 10. In order to avoid loss and waste and prevent "semi-finished" projects, follow-up funds for projects under construction should be properly arranged. "Except as otherwise provided by laws and the State Council, public welfare projects under construction whose repayment source mainly depends on financial funds shall not be financed by financing platform companies" refers to projects that can be financed according to the Highway Law of People's Republic of China (PRC), Notice of the State Council on Strengthening the Management of State-owned Land Assets (Guo Fa [2006 54 38+0] 15) and other laws and the State Council regulations.

The "Prudent Credit Management Regulations" in the Notice refer to the relevant credit policies and management regulations issued by the People's Bank of China and the China Banking Regulatory Commission, as well as the bank's own credit management requirements, such as the Interim Measures for the Management of Fixed Assets Loans (CBRC Order No.2 of 2009), the Interim Measures for the Management of Working Capital Loans (CBRC Order No.20 20 10/0) and project financing.

In the notice, "local governments should clean up and properly dispose of projects that do not meet the above requirements as soon as possible" means that local governments should take measures such as rectification and termination to properly dispose of related projects according to the actual situation and the requirements of national industrial policies, land policies, environmental protection policies, prudent credit management regulations and macro-control policies. Banks may not issue new loans to projects that still do not meet the above requirements after rectification. If the loan risk mitigation measures of financing platform companies are not in place, measures such as full additional mortgage and pledge must be taken in accordance with relevant laws and regulations, otherwise banks cannot add loans.

"Opening each package" in the Notice refers to mapping each loan in the loan package to eligible projects one by one, and identifying the potential risks of the loan package. If there are compliance problems and risk problems, corresponding safety measures should be taken.

The "one-by-one inspection" in the Notice refers to checking the loans of financing platform companies one by one to find out the risks and problems existing in the loans from the aspects of borrowers, guarantors and loan management.

"Re-evaluation" in the Notice refers to the re-evaluation of the compliance and feasibility of the project corresponding to the loan, the effectiveness of the project, the adequacy and sustainability of the repayment source, the reliability of the project funds, the rationality of the project financing demand and the authenticity of the use of the project funds to ensure that the project debt level matches the repayment level.

The "rectification and preservation" in the notice refers to the rectification and preservation measures taken in terms of system construction, project compliance, loan management, operation process, repayment source and mortgage guarantee. For the risks and problems found by self-inspection. Banks shall, in accordance with the principle of "standardized withdrawal and safe separation", manage the loans of financing platform companies with stable operating cash flow, full repayment of loan principal and interest, and in line with the operating nature of general commercial companies. For financing platform companies that have a certain operating cash flow and can partially repay the principal and interest of loans after cleaning up the regulations, banks should take rectification and preservation measures such as supplementing and perfecting contract procedures, adding borrowers and guarantors, and strengthening repayment constraints, and separate loans that meet the loan conditions of general companies from the loans of financing platform companies and incorporate them into the loan management of general companies.

Two. Rules for cleaning up financing platform companies

When cleaning up and standardizing financing platform companies, other financing platform companies with different types of financing functions, including state-owned asset operation companies, state-owned capital operation management centers and other types of financing platform companies established for financing government investment projects (including public welfare projects), which do not undertake specific project construction and project management functions and only have equity relations with their subsidiaries, should also be cleaned up and standardized in accordance with the prescribed principles.

In the notice, "undertaking the financing task of public welfare projects with stable operating income and mainly relying on self-owned income to repay debts" means that the financing platform company borrows money to undertake the financing task of public welfare projects, and more than 70% (including 70%) of the debt repayment funds come from the company's own income. In addition to the operating income of the project itself, the self-operated income of the financing platform company also includes other operating income, such as land transfer income and vehicle tolls that have been injected into the financing platform company.

In the notice, "If local governments really need to set up financing platform companies in the future, they should fully inject capital in strict accordance with relevant laws and regulations, and public welfare assets such as schools, hospitals and parks should not be injected into financing platform companies as capital" refers to the days after July +0 and 20 10 (including July 1 day) in 2065438; "Public welfare assets" refer to assets that serve social public interests and cannot or should not be realized according to relevant laws and regulations, such as schools, hospitals, parks, squares, office buildings of party and government organs and subsidized institutions, and cannot bring operational income municipal roads, water conservancy facilities and non-toll pipe network facilities to infrastructure.

Three. Strengthen financing management of financing platform companies and credit management of banking financial institutions.

The financing and guarantee of the financing platform company shall strictly implement the relevant provisions in the Notice. The financing behavior of financing platform companies retained after cleaning up and integration must be standardized. The notice stipulates that "applying for loans from banking financial institutions must be implemented in the project, with the project legal person company as the loan undertaker", which means that the loan funds should be applied to the project itself, and the loan undertaker should be the market subject with independent civil liability. In the Notice, "loans shall not be issued without stable cash flow as the repayment source" means that financing platform companies and banking financial institutions without stable operating cash flow or reliable sources of debt repayment funds shall not issue loans.

Banking financial institutions should strictly regulate credit management and effectively strengthen risk identification and risk management. The project loan review process, procedures and authorized credit of banking financial institutions shall be strictly implemented in accordance with the commercial loan review standards, and credit management conditions shall not be relaxed. The "project" in the Notice that "new loans of financing platform companies should directly correspond to projects and strictly implement the national regulations on project capital" refers to projects that meet the requirements of the first part of the Notice, such as national industrial policies, land policies, environmental protection policies, prudent credit management regulations, and macro-control policies.

Four. Resolutely stop local governments from violating their guarantee commitments.

The "Notice" clarifies that local governments bear limited responsibilities to financing platform companies within the scope of capital contribution, so as to internalize the debt risks of financing platform companies. Since the date of issuance of the Notice, local governments have limited liability for new debts of financing platform companies only to the extent of capital contribution. If the debtor can't repay all the debts, the creditor should also bear the corresponding responsibilities.

In the Notice, "directly or indirectly providing guarantee for the financing platform company" includes but is not limited to the following forms: issuing a letter of guarantee for the financing behavior of the financing platform company; Commitment to provide liquidity support and temporary debt repayment funds when the financing platform company is in debt repayment difficulties; Commitment to bear part of the debt repayment liability when the financing platform company cannot repay the debt; Commitment to incorporate the debt repayment fund arrangement of financing platform companies into the government budget.

Verb (abbreviation of verb) strengthens organizational leadership and ensures the implementation of work.

The financial departments of the people's governments of all provinces (autonomous regions and municipalities) shall, jointly with the development and reform departments, branches of the People's Bank of China and agencies dispatched by the China Banking Regulatory Commission, formulate specific implementation plans, establish coordination mechanisms, equip full-time personnel, and strengthen the guidance and supervision of this work.

The financial departments of the people's governments of all provinces (autonomous regions and municipalities) shall submit the report on debt clearance and verification of local government financing platform companies to the Ministry of Finance before 20 10, and send a copy to the Development and Reform Commission, the People's Bank of China and the China Banking Regulatory Commission. The report shall be signed and sealed by the responsible persons of the people's governments of all provinces (autonomous regions and municipalities), including the following contents: the organization and implementation of debt clearing and verification of financing platform companies; Debt verification (including total debt, classification and grading, etc.). ); Special matters and explanations; Problems and policy suggestions, etc.

The Report on Strengthening the Management of Local Government Financing Platform Companies submitted by the people's governments of provinces (autonomous regions and municipalities) to the State Council before 201kloc-0/231according to the requirements of the Notice shall be signed and sealed by the heads of the people's governments of provinces (autonomous regions and municipalities), including the following contents: organization and implementation. Total debt, classification and grading, etc. ; Follow-up funding arrangements for projects under construction; Specific measures and effects of standardized management; Special matters and explanations; Problems and policy suggestions, etc.

Development and Reform Commission of Ministry of Finance China People's Bank China Banking Regulatory Commission

20 10 July 30th

What are the processes of government financing platform loans?

Every place is different, and the main content should be the same.

Operating Process and Requirements of SME Financing Platform Loan

(A) SME loan operating procedures

1. The enterprise with funds applies to Dali SME Investment Consulting Co., Ltd.;

2. After accepting the case, Dali SME Investment Consulting Co., Ltd. sent a project manager to investigate, wrote a review report according to the requirements of China Development Bank, and submitted it to the Marketing Manager Review and Project Review Department for review;

3. The Review Report was reviewed by Dali SME loan review team and approved by the general manager's office meeting, and then submitted to Yunnan Branch of China Development Bank;

4. The process of loan issuance is: the development bank-consulting company-entrusts banks and enterprises to lend money.

The flow of interest and repayment is as follows: user enterprise-entrusting bank-consulting company-development bank.

(b) SME loan requirements

Enterprises with funds need to provide the following information to Dali SME Investment Consulting Co., Ltd. and Dali SME Financing Guarantee Co., Ltd.:

1, copy class

(1) license: business license of enterprise as a legal person; Organization code certificate; Tax registration certificate (national tax, local tax); Bank account opening license; Loan certificate or card; Mining right and exploration right (if any); Identity card of the legal representative; Other permits.

(2) Policies: preferential policies (taxes, government contributions or subsidies, land, etc.) enjoyed by enterprises in repaying loans. , request to provide relevant documents, and provide the actual amount of the previous two years, the estimated amount of this year and next year; Industry policy.

(3) Economy and technology: technical reports, appraisal certificates, test reports, relevant documents listed in various government plans, environmental protection certificates, product award certificates, user reports and product photos that reflect the technology, equipment and R&D capabilities of enterprises; List of major customers and product sales contracts and orders (purchase and sale agreements, cooperation agreements, etc.). ); Reference materials related to the enterprise and the person in charge of the enterprise (such as award-winning certificates that can reflect the management level, reputation, industry status and regional economic status of the enterprise, and various awards and certificates that can reflect the morality, professionalism and pioneering ability of the main person in charge of the enterprise).

(4) Others: Articles of Association; Capital verification report at the time of registration and change of registration; Resolutions of the shareholders' meeting or the board of directors agreeing to apply for loans; A resolution of the shareholders' meeting or the board of directors agreeing to repay the loan before paying dividends during the loan period; Resolution of the shareholders' meeting or the board of directors agreeing to provide mortgage (pledge).

Provide a copy of the above information and affix the official seal of the unit (and provide the original for inspection); The power of attorney of the legal representative shall be signed and authorized by the legal representative.

2. Format the report class

(1) Declaration of Guaranteed Projects of Dali SME Financing Guarantee Co., Ltd.

(2) loan application form.

(3) Relevant forms required by the Development Bank.

3, enterprise production class

(1) Basic information of the enterprise: overview of major shareholders; Information on the main management personnel; Resume of the legal representative; A brief history of enterprise development and management; Annual work report or enterprise work summary for the last three years (if any); Overview of main branches (if any).

(2) Project situation: contents of major projects under construction or planned investment, project feasibility study report, approval documents, construction period, total investment composition, sources and availability of funds (including self-owned funds, bank loans and other funds), project progress, product market and expected income; Manufacturing process flow (if any).

(3) Assets and liabilities: the financial statements of the first three years audited by certified public accountants and the financial statements of this year (as of the end of last month) (balance sheet, income statement, cash flow statement and supplementary materials) and notes to the financial statements; Main inventory list, long-term investment, fixed assets, bank loans, accounts receivable aging analysis table, contingent liabilities table (including accounts receivable for more than three years, inventory composition, etc.). ); Contingent liabilities such as external guarantee, asset mortgage and pledge; Litigation or other major economic situation.

(4) Economic benefit: the annual expenditure calculation of the main expenses of the enterprise; Main input-output indicators; Analysis of raw material supply; Product target market analysis; Investment, income (sales) and profit forecast for this year and the guarantee period; The total investment composition, source of funds and expenditure forecast of capital construction and technological transformation projects; Main business areas or leading products (including leading product name, production capacity, market area, market share and competitiveness analysis, sales revenue, operating profit, etc.). ).

(5) Others: environmental protection; The enterprise's statement on the authenticity of the application materials; Can explain the various management systems of enterprise management; Related party transactions of enterprises; Sales and procurement of enterprises; Project background.

Measures for the Administration of Companies What are the regulations of CBRC?

First, raise awareness and accurately grasp the principle of "cash loan" business development.

(a) the establishment of financial institutions and financial activities must be subject to access management according to law. No organization or individual may engage in loan business without obtaining the qualification for loan business according to law.

(2) The comprehensive capital cost charged by various institutions to borrowers in the form of interest rates and various fees shall comply with the provisions of the Supreme People's Government on the interest rate of private lending, and it is forbidden to issue or match loans that violate the relevant interest rate provisions of the law. The comprehensive capital cost charged by various institutions to borrowers should be converted into an adult form, and information such as loan conditions and overdue treatment should be fully disclosed in advance to remind borrowers of relevant risks.

(3) All institutions shall abide by the principle of "know your customer", fully protect the rights and interests of financial consumers, and shall not induce borrowers to borrow excessively in any way and fall into the debt trap. The borrower's credit status, solvency and loan use should be comprehensively and continuously evaluated, and the borrower's appropriateness, comprehensive capital cost, upper limit of loan amount, loan term, loan extension limit, "cooling-off period" requirement, loan use limit and repayment method should be carefully determined.

Loans may not be issued to borrowers without income sources, and the total debt burden of a single loan is clearly set at an upper limit, and the number of loan extensions is generally no more than 2 times.

(4) Institutions should adhere to the principle of prudent operation, and comprehensively consider the possible impact of factors such as lack of credit records, long-term loans and fraud. In terms of loan quality, strengthen risk internal control, carefully use the "data-driven" risk control model, and do not conceal non-performing assets in various ways.

(five) all kinds of institutions or entrusted third-party institutions shall not use violence, intimidation, insult, slander, harassment and other means to collect loans.

(6) All kinds of institutions shall strengthen the security protection of customer information, and shall not steal or abuse customer privacy information in the name of "big data", or illegally buy, sell or disclose customer information.

Second, co-ordinate supervision and carry out network rectification work.

(1) The company supervision department suspended the establishment of new network (Internet) companies; Suspend the new batch of companies from conducting business across provinces (autonomous regions and municipalities). If the preparatory establishment has been approved, the approval for opening the business shall be suspended.

The examination and approval department of the company shall comply with the provisions of relevant documents of the State Council. For approved institutions that do not meet the relevant provisions, their business qualifications should be re-examined.

(2) Strictly regulate the management of network services. Suspend the network distribution without specific scenarios and purposes, gradually compress the stock business, and complete the rectification within a time limit. Effective measures should be taken to prevent borrowers from "supporting loans with loans" and "borrowing from multiple sources". It is forbidden to issue "campus loans" and "down payment loans". It is forbidden to issue loans for speculative operations such as stocks and futures. Local financial supervision departments should establish sustainable and effective supervision arrangements, and central financial supervision departments should strengthen supervision.

(III) Strengthen the prudent management of the company's sources of funds. It is forbidden to illegally raise funds or absorb public deposits in any way. It is forbidden to sell, transfer or transfer the company's credit assets in disguised form through Internet platforms or various local trading places. It is forbidden to integrate funds through information intermediary in peer-to-peer lending. Funds included in the name of credit asset transfer and asset securitization should be combined with on-balance-sheet financing, and the ratio of total financing to net capital after combination should be temporarily implemented according to the local current ratio regulations, and all localities may not further relax or relax the ratio regulations of consolidated funds in disguise.

For companies that exceed the prescribed proportion, a scale reduction plan shall be formulated to meet the relevant proportion requirements within a time limit, and the implementation shall be supervised by the company supervision department.

Network cleaning and rectification work by the provinces (autonomous regions and municipalities) company supervision department is specifically responsible for. The central financial supervision department will formulate and issue the implementation plan for special rectification of network risks, and further refine the relevant work requirements.

III. Intensify efforts to further standardize the participation of banking financial institutions in "cash loans" business.

(1) Banking financial institutions (including banks, trust companies, consumer finance companies, etc. ) We should strictly follow the Interim Measures for the Administration of Personal Loans and other relevant regulatory and risk management requirements, and standardize the loan issuance activities.

(2) Banking financial institutions shall not provide funds for loans issued by institutions without lending business qualifications in any form, and shall not jointly contribute to loans issued by institutions without lending business qualifications.

(3) Where a banking financial institution cooperates with a third-party institution to carry out loan business, it shall not outsource core business such as credit review and risk control. The "loan assistance" business should return to its original source. Banking financial institutions shall not accept credit enhancement services provided by third-party institutions with unsecured qualifications and disguised credit enhancement services such as bottom-up commitments. They should ask and ensure that third-party cooperative institutions do not charge interest fees to borrowers.

(4) Banking financial institutions and their asset management products issued and managed shall not directly invest in (class) securitization products or other products sold on the basis of "cash loans", "campus loans" and "down payment loans".

Banking financial institutions to participate in the standardization and rectification of "cash loans" business, by the CBRC local agencies responsible for the local rectification office to cooperate.

Fourth, continue to promote and improve the business management of P2P information intermediaries in P2P lending.

(a) shall not arrange or arrange in disguised form the loan business that does not meet the relevant interest rate provisions of the law; It is forbidden to deduct interest, handling fee, management fee and deposit from the loan principal in advance and set high overdue interest, late payment fee and penalty interest.

(2) It is forbidden to outsource core work such as customer information collection, screening, credit evaluation and account opening.

(3) Do not match the funds of banking financial institutions to participate in P2P peer-to-peer lending.

(four) shall not provide loan matching business for students and borrowers who have no repayment source or repayment ability. It is not allowed to provide housing financing and loan matching services such as "down payment loan" and real estate fund-raising in different places. Do not provide loan matching business without specific purpose.

The joint work office of special risk remediation of peer-to-peer lending shall clean up and rectify the cash loan business of information intermediaries in peer-to-peer lending in accordance with the requirements of the Notice on Cleaning up and Rectifying Cash Loan Business Activities (17).

Five, classified disposal, increase the disposal of all kinds of illegal institutions.

(a) all kinds of institutions in violation of the above provisions to carry out business, by the regulatory authorities according to the seriousness of the case, take measures to suspend business for rectification, shall be ordered to make corrections, informed criticism, not filing, cancel the business qualification and urge them to rectify, if the circumstances are serious, resolutely banned; At the same time, depending on the situation, the relevant functional departments and financial supervision departments of the provincial people's government shall be given administrative punishment according to law. Relevant departments should stop websites and platforms that assist various institutions to carry out business in violation of laws and regulations, and investigate their responsibilities according to law.

(2) Organizations or individuals that engage in lending business without approval shall be severely cracked down and banned under the guidance of the CBRC; For those who take the opportunity to evade debts and do not support rectification work, increase punishment and crackdown; Suspected of illegal business operations, transferred to the relevant departments for investigation; Financial institutions and non-bank payment institutions stop providing financial services, and communication management departments dispose of Internet financial websites and mobile applications according to law.

Suspected of illegal fund-raising and illegal securities and other illegal acts, in accordance with the disposal of illegal fund-raising, crack down on illegal securities activities, clean up and rectify various trading places and other working mechanisms to investigate and deal with.

(three) institutions suspected of malicious fraud and violent collection and other serious violations of laws and regulations, timely transfer clues to the public security organs, effectively prevent risks and ensure the overall stability of society.

Six, do a good job in implementation, pay attention to the long-term, to ensure that the standardization and rectification work has achieved practical results.

(a) all localities should strengthen organizational leadership and overall coordination, led by local financial supervision departments, clarify the main responsible departments of various institutions, find out the risk base, formulate rectification plans, compact the main responsibilities of institutions within their jurisdiction, carry out comprehensive and in-depth rectification, and promptly establish a working mechanism combining territorial responsibility with cross-regional coordination. At the same time, make emergency plans and keep the risk bottom line.

(two) all localities should guide the relevant institutions within their jurisdiction to make full use of the basic database of national financial credit information and the credit information sharing platform of China Internet Finance Association to prevent borrowers from borrowing from multiple sources and borrowing excessively. All localities should guide borrowers to fulfill their debt repayment obligations in accordance with the law, and establish systems such as information disclosure and joint punishment for dishonesty, so that those who break promises are restricted everywhere.

(three) all localities should carry out risk warning education, improve the ability of the masses to identify improper and fraudulent loan activities and illegal financial activities, and enhance the awareness of risk prevention.

(4) All localities should establish a system of reporting and heavy rewards and heavy penalties, make full use of the reporting platform of China Internet Finance Association and other channels, reward informants who provide clues about illegal acts, give full play to the role of social supervision, and severely punish illegal acts to form an effective deterrent.

(five) all localities should standardize and rectify in strict accordance with the requirements of this notice. If the supervisory responsibility is absent and poorly implemented, it will be seriously accountable.

(VI) All localities should submit the remediation plan and the monthly work progress (within 5 working days after the month) to the Office of the P2P Online Loan Risk Special Remediation Working Group (CBRC), and send a copy to the Office of the Internet Financial Risk Special Remediation Leading Group (People's Bank of China).

Extended data

Article 8 The establishment of a loan company shall meet the following conditions:

(1) Having articles of association that meet the requirements;

(2) The registered capital is not less than RMB 500,000.00 Yuan, which is paid-in monetary capital, and shall be fully paid by the investor at one time;

(3) Having senior managers with professional knowledge and professional work experience;

(4) Having staff with corresponding professional knowledge and work experience;

(5) Having the necessary organizational structure and management system;

(6) Having business premises, safety precautions and other business-related facilities that meet the requirements;

(7) Other conditions stipulated by China Banking Regulatory Commission.