Legal basis:
Interim Measures for the Administration of Financing Guarantee Companies
Article 36 The regulatory authorities shall establish and improve the system of information collection, collation, statistical analysis and regulatory scoring of financing guarantee companies, continuously monitor the operation and risk status, and complete the institutional overview report of the supervised financing guarantee companies in the previous year before the end of June each year.
Article 37 A financing guarantee company shall, in accordance with the provisions, timely submit documents and materials such as operating report, financial accounting report, legal compliance report and so on to the regulatory authorities. All kinds of documents and materials submitted by financing guarantee companies to regulatory agencies shall be true, accurate and complete.
Article 38 A financing guarantee company shall report its capital use to the regulatory authorities on a quarterly basis. The regulatory authorities shall, according to the needs of prudent supervision, timely put forward requirements for the capital quality and capital adequacy ratio of financing guarantee companies.
Article 39 According to the regulatory needs, the regulatory authorities have the right to ask the financing guarantee company to provide special materials, or to meet with its directors, supervisors and senior managers 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.
Article 40 The regulatory authorities may, according to regulatory needs, conduct on-site inspections on financing guarantee companies, and the financing guarantee companies shall cooperate with them and provide relevant documents and materials required by 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.
Article 41 In case of guarantee fraud, guarantee compensation or investment loss of a financing guarantee company that may reach more than 5% of its net assets, the directors, supervisors and senior management personnel shall immediately take emergency measures and report to the regulatory authorities when they are involved in serious violations of laws and regulations.
Article 42 A financing guarantee company shall promptly report to the regulatory authorities the important resolutions of the shareholders' meeting or the shareholders' meeting, the board of directors and other meetings.
Article 43 A financing guarantee company shall engage a social intermediary to conduct an annual audit and submit an audit report to the regulatory authorities in a timely manner.
Article 44 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 45 The regulatory authorities shall make a comprehensive analysis and evaluation of the annual 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 previous year to the inter-ministerial joint meeting of financing guarantee business supervision and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government before the end of February each year. The regulatory authorities shall promptly report to the inter-ministerial joint meeting of financing guarantee business supervision and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government the major risk events and disposal of financing guarantee industry in their respective jurisdictions.
Forty-sixth financing guarantee industry to establish industry self-discipline organizations, to perform self-discipline, rights protection, service and other duties. The national self-regulatory organization of financing guarantee industry accepts the guidance of the inter-ministerial joint meeting of financing guarantee business supervision.
Article 47 The credit management department shall incorporate the relevant information of financing guarantee companies into the credit management system to provide services for financing guarantee companies to inquire about relevant information. [2]