Chapter I General Provisions of Measures for Financial Asset Management Companies to Manage Non-performing Assets of Non-financial Institutions Article 1 In order to promote the commercial transformation and sustainable development of financial asset management companies (hereinafter referred to as asset companies), regulate the acquisition and disposal of non-performing assets of non-financial institutions by asset companies, and ensure the compliance and steady operation of asset companies. According to financial enterprises,
These Measures are formulated in accordance with the Financial Rules and other relevant provisions. Article 12 These Measures shall apply to China Huarong Asset Management Co., Ltd., China Great Wall Asset Management Co., Ltd., China Oriental Asset Management Co., Ltd. and China Xinda Asset Management Co., Ltd. established with the approval of the State Council. China Great Wall Asset Management Co., Ltd. and China Oriental Asset Management Co., Ltd. will continue to try out the term of office mentioned in Article 3 of these Measures after implementing the shareholding system reform.
Non-financial institutions refer to domestic enterprises, legal persons, institutions, social organizations or other organizations other than various financial institutions supervised by CBRC, CSRC and CIRC. The term "non-performing assets of non-financial institutions" as mentioned in the Qiao Ben Measures refers to the economic benefits that all cadres of non-financial institutions can bring to them, and the economic benefits brought are lower than the book value.
Assets whose value has depreciated include creditor's rights non-performing assets, monetary non-performing assets, physical non-performing assets, non-performing assets formed by various financial institutions as intermediaries entrusted to manage the property of other legal persons and natural persons, and other non-performing assets identified by regulatory authorities. Article 5 Asset companies purchase and dispose of non-performing assets of non-financial institutions (hereinafter referred to as aircraft business).
The following basic principles are in line with the law. Asset companies should abide by relevant national laws, regulations and regulatory requirements, and conduct commercial operations on the acquisition and disposal of non-performing assets of non-financial institutions. Asset companies should make their own decisions in accordance with corporate governance procedures, bear their own risks and be responsible for their own profits and losses. Real economy production companies can adopt various business methods to carry out non-performing assets business of non-financial institutions.
Do a good job in problem projects and problems, resolve enterprise risks, improve enterprise asset quality, optimize resource allocation, and achieve good economic and social benefits. The company should establish and improve risk management in line with the management concept of prudent operation.
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Management System Effectively Controls Business Risks to Achieve Healthy and Sustainable Development Chapter II Scope and Conditions Adjust the ways in which asset companies carry out non-performing assets business of non-financial institutions, including other ways approved by sogou Investment Trust Management and regulatory authorities. Article 7 An asset company may manage and dispose of non-performing assets of non-financial institutions in various ways, including paying debts in kind.
Asset reorganization, asset integration, creditor's rights replacement, equity transfer, investment in public investment, consulting financial advisers and other means approved by the regulatory authorities Article 8 Non-performing assets of non-financial institutions shall meet the following conditions: physical assets exist objectively and the corresponding basic economic behaviors actually occur; The relevant content is clear and specific.
It can be proved that the valid assets belong to the scope permitted by national laws and regulations, the ownership relationship of the assets can be recognized by the relevant parties, the person has fulfilled his obligations, there is no dispute over performance, there is no non-transferability, and his priority for compensation exceeds the limitation of action.
Article 9 Non-performing asset companies of non-financial institutions are not allowed to purchase assets prohibited by national laws and regulations or assets involving national security and sensitive information under the following circumstances, except for asset asset companies whose debtors and guarantors are state institutions, which give up their guarantee responsibilities, and other ten assets that are not allowed to be purchased as determined by the regulatory authorities.