The term "financing guarantee company" as mentioned in these Measures refers to limited liability companies and joint stock limited companies established according to law and engaged in financing guarantee business.
The term "regulatory authorities" as mentioned in these Measures refers to the departments designated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government to be responsible for the supervision and administration of financing guarantee companies in their respective jurisdictions. Article 3 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.
Business dealings between financing guarantee companies and customers such as enterprises and banking financial institutions shall follow the principle of honesty and trustworthiness and abide by contracts. Article 4 A financing guarantee company shall conduct business according to law and shall not be interfered by any organ, unit or individual. Article 5 When conducting business, a financing guarantee company shall abide by laws and regulations and the provisions of these Measures, 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 A financing guarantee company shall follow the principle of fair competition and shall not engage in unfair competition. Article 7 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall exercise territorial management over financing guarantee companies. The regulatory authorities determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are specifically responsible for the access, withdrawal, daily supervision and risk disposal of financing guarantee companies in their respective jurisdictions, and report to the inter-ministerial joint meeting on financing guarantee business supervision established in the State Council. Chapter II Establishment, Change and Termination Article 8 The establishment of a financing guarantee company and its branches shall be subject to the examination and approval of the regulatory authorities.
Approved financing guarantee companies and their branches shall be issued business licenses by the regulatory authorities, and shall apply for registration with the administrative department for industry and commerce on the basis of the licenses.
Without the approval of the regulatory authorities, no unit or individual may engage in financing guarantee business or use the word financing guarantee in its name, except as otherwise provided by laws and administrative regulations. Article 9 The establishment of a financing guarantee company shall meet the following conditions:
(1) It has articles of association that meet the requirements of the Company Law of People's Republic of China (PRC).
(2) There are shareholders who can contribute continuously.
(3) Having registered capital that meets the requirements of these Measures.
(4) Having qualified directors, supervisors, senior managers and qualified employees.
(5) Having a sound organizational structure, internal control and risk management system.
(6) Having a business place that meets the requirements.
(seven) other prudential conditions stipulated by the regulatory authorities.
Measures for the qualification management of directors, supervisors, senior managers and employees shall be formulated separately by the inter-ministerial joint meeting of financing guarantee business supervision. Article 10 The regulatory authorities shall stipulate the minimum registered capital of a financing guarantee company according to local actual conditions, but it shall not be less than 5 million yuan.
Registered capital is paid-in monetary capital. Article 11 To establish a financing guarantee company, the following documents and materials shall be submitted to the regulatory authorities:
(1) application. It shall specify the name, domicile, registered capital and business scope of the financing guarantee company to be established.
(2) Feasibility study report.
(3) Draft articles of association.
(4) The register of shareholders, their capital contribution and shareholding structure.
(5) capital verification certificate of shareholders' contribution, credit certificate of shareholders holding more than 5% of the registered capital and relevant materials.
(6) Qualification certificates of the directors, supervisors and senior managers to be appointed.
(7) Business development strategy and planning.
(8) Proof materials of business premises.
(nine) other documents and materials required by the regulatory authorities. Article 12 If a financing guarantee company has any of the following changes, it shall be approved by the regulatory authorities:
(1) Name change.
(2) change the organizational form.
(3) Change of registered capital.
(4) Changing the company's domicile.
(5) Adjusting the business scope.
(6) Changing directors, supervisors and senior management personnel.
(7) Changing the shareholders holding more than 5% of the shares.
(8) Division or merger.
(9) Amending the Articles of Association.
(ten) other changes stipulated by the regulatory authorities.
Where the change of a financing guarantee company involves company registration matters, it shall apply to the administrative department for industry and commerce for registration of change after being examined and approved by the regulatory authorities. Article 13 Where a financing guarantee company establishes branches across provinces, autonomous regions and municipalities directly under the Central Government, it shall obtain the consent of the regulatory authorities where the financing guarantee company is located, and shall be examined and approved by the regulatory authorities where the branch is to be established.