Guarantee companies are mainly engaged in loan guarantee, bill acceptance guarantee and trade financing guarantee. These companies are mainly private enterprises. Senior managers engaged in guarantee business shall have the qualifications recognized by the National Development and Reform Commission, or have more than 2 years working experience in financial business. The major shareholders and senior managers have no record of economic crimes within 5 years.
The conditions for establishing a guarantee company are as follows:
1. The registered capital of establishing a credit guarantee institution shall not be less than 50 million yuan, of which the physical object shall not exceed 20%;
2. Senior managers engaged in guarantee business shall have the qualifications recognized by the National Development and Reform Commission, or have more than 2 years working experience in financial business. The major shareholders and senior managers have no record of economic crimes within 5 years;
3. It has a scientific and standardized risk control system and corresponding internal risk control institutions;
4. Having a fixed business place;
5. The business scope shall not involve banking and non-banking financial business;
6. Guarantee funds shall not be raised by membership.
To sum up, guarantee is a civil legal norm to adjust the rights and obligations between natural persons and legal persons as equal subjects. As an enterprise legal person, the company meets the guarantee requirements from the main point of view. Where a company invests in other enterprises or provides guarantees for others, it shall be decided by the board of directors or the shareholders' meeting in accordance with the articles of association; Where the articles of association stipulate limits on the total amount of investment or guarantee and the amount of individual investment or guarantee, it shall not exceed the prescribed limits.
Legal basis:
Article 9 of the Interim Measures for the Administration of Financing Guarantee Companies
The establishment of a financing guarantee company shall meet the following conditions:
(1) Having articles of association that conform to the provisions 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.