The term "venture capital" as mentioned in these Measures refers to the capital calculated and allocated to a certain business by a trust company in response to potential risks according to certain standards. Article 4 A trust company shall calculate its net capital and risk capital in accordance with the provisions of these Measures. Article 5 A trust company shall, according to its asset structure and business development, establish a dynamic net capital management mechanism to ensure that all risk control indicators such as net capital meet the prescribed standards. Article 6 China Banking Regulatory Commission (hereinafter referred to as CBRC) may adjust the calculation standards and minimum requirements, risk control indicators and risk capital calculation standards of trust companies according to market development and prudential supervision principles.
For new products and new businesses not specified in these Measures, the trust company shall report to the China Banking Regulatory Commission in advance before designing products or conducting business. According to the characteristics and risk status of new products and businesses of trust companies, the CBRC will carefully determine the corresponding proportion and calculation standards. Article 7 China Banking Regulatory Commission (hereinafter referred to as CBRC) shall supervise and inspect the net capital management and related risk control indicators of trust companies in accordance with these Measures. Chapter II Calculation of Net Capital Article 8 The calculation formula of net capital is: net capital = net assets-risk deduction of various assets-risk deduction of contingent liabilities-other risk deductions recognized by China Banking Regulatory Commission. Article 9 A trust company shall, on the basis of making full provision for impairment of assets, calculate its net capital according to the standards for calculating the net capital of trust companies stipulated by the China Banking Regulatory Commission. Article 10 A trust company shall, according to the characteristics and risk status of different assets, adjust the risk of asset items according to the coefficient stipulated by the China Banking Regulatory Commission. When calculating the net capital, the trust company shall combine similar assets with different accounts and make risk adjustment according to the asset attributes.
(1) Investment in financial products should be adjusted according to the categories, liquidity characteristics and prescribed coefficients of financial products. Where a trust company invests its own funds in a pooled fund trust plan or other wealth management products, it shall make corresponding risk adjustments according to the risks it bears.
(two) the risk of equity investment should be adjusted according to the category, liquidity characteristics and prescribed coefficient of equity.
(3) Creditor's rights assets, such as loans, are subject to risk adjustment according to the duration and recoverability adjustment according to the prescribed coefficient.
If the asset classification meets two or more classification standards at the same time, the highest deduction ratio shall be adopted for adjustment. Article 11 For contingencies, when calculating the net capital, a trust company shall make risk adjustment according to the possibility of loss and the prescribed coefficient.
The trust company shall fully disclose the nature of the contingencies at the end of the period (such as pending litigation, pending arbitration, external guarantee, etc.). ), the amount involved, reasons and progress, possible losses and accounting treatment of expected losses, etc. In the notes to the statement of net capital. Chapter III Calculation of Risk Capital Article 12 As there are certain risks in various businesses carried out by trust companies, which may lead to capital losses, risk capital shall be calculated according to a certain proportion of the scale of various businesses, and a corresponding relationship shall be established with net capital to ensure that the risk capital of various businesses is supported by corresponding net capital. Thirteenth trust companies to carry out inherent business, trust business and other business, should calculate the risk capital.
The calculation formula of risk capital is: risk capital = inherent business risk capital+trust business risk capital+other business risk capital.
Inherent business venture capital = inherent business net assets × risk coefficient.
Risk capital of trust business = balance of trust business assets × risk coefficient.
Other business risk capital = other business balance × risk coefficient.
The risk coefficient of each business shall be separately issued by China Banking Regulatory Commission. Article 14 A trust company shall calculate the risk capital of each business according to the scale of relevant business and the prescribed risk coefficient. Chapter IV Risk Control Indicators Article 15 The net capital of a trust company shall not be less than 200 million yuan. Article 16 A trust company shall continuously meet the following risk control indicators:
(1) The net capital shall not be less than 100% of the sum of various venture capitals.
(2) The net capital shall not be less than 40% of the net assets.