Measures for the Administration of Credit Guarantee Funds of XX Guarantee Companies Chapter I General Provisions Article 1 These Measures are formulated in accordance with relevant national laws, regulations and policies in order to promote the establishment of social credit mechanism ~ encourage enterprises and individuals to establish good reputation. Article 2 The term "guarantee" as mentioned in these Measures refers to the legal act of guaranteeing the realization of creditor's rights in social and economic activities according to the contract. Credit guarantee companies provide guarantees in the form of guarantees. Article 3 The guarantee activities of these Measures ~ abide by relevant national laws and regulations ~ follow the principles of honesty, equality, voluntariness and consensus ~ share risks reasonably by establishing scientific guarantee procedures and effective risk prevention measures ~ ensure the safe operation and stable appreciation of guarantee funds. Chapter II Establishment of Guarantee Funds Article 4 The total amount of credit guarantee funds shall not exceed 5 times of the total amount of guarantee funds; Each guarantee for the enterprise shall not exceed 60% of the effective assets of the enterprise. Chapter iii management of guarantee funds article 5 the board of directors of XX guarantee company is the supervision and management institution of guarantee funds ~ credit guarantee company is the daily management institution of guarantee funds. Article 6 The regulatory agency shall hold a regulatory meeting in the first quarter of each year; According to the needs, temporary supervision meetings can be held. Main responsibilities: 1. Review and approve the business management system of daily management institutions according to relevant national laws and regulations: 2. Review and approve the annual work plan and work report; 3, review and approve the annual financial budget and final accounts; 4. Review and approve the distribution plan and the plan to make up the losses; 5, audit, write off bad debts and change the scale of funds; Article 7 XX guarantee company shall be responsible to the shareholders' meeting. Specific responsibilities: 1, implementing the resolutions of the shareholders' meeting; 2. Organize and implement the work plan of the shareholders' meeting and report the work; 3, responsible for the daily management and operation of the guarantee funds; 4. Submit the annual work plan to the shareholders' meeting for deliberation; 5. Submit the annual financial budget plan to the shareholders' meeting for consideration; 6. Submit the profit distribution and loss compensation plan to the shareholders' meeting for consideration; 7. Submit the capital increase or supplementary capital plan to the shareholders' meeting for consideration; 8. Request the shareholders' meeting to write off bad debts; Article 8 XX guarantee companies shall follow commercial laws-unified management and targeted use of guarantee funds-to ensure safe operation and stable value-added. Article 9 After being approved by the board of directors, the deposit shall be deposited in a special account, which shall be managed. Direct investment in enterprises or projects is strictly prohibited. Article 10 Reserve a certain proportion of risk reserve for the guarantee fund ~ for compensation and write-off of bad debts ~ The compensation shall be confirmed by XX guarantee company ~ The bad debts shall be confirmed by the shareholders' meeting. Eleventh the interest and operating income of the guarantee fund shall be included in the total amount of the guarantee fund after deducting the operation and management costs and expenses. Chapter IV Use of Guarantee Funds Article 12 Guarantee funds support enterprises and individuals with good reputation and strong repayment ability ~ give priority to projects that conform to national industrial policies ~ give priority to high-tech enterprises ~ give priority to environmental protection and energy-saving projects. Article 13 Enterprises and individuals that need to apply for guarantee should apply for membership first ~ Counter-guarantee measures should be submitted at the same time when applying for guarantee. Article 14 A guarantee company shall strengthen the informatization construction ~ improve the credit investigation of the guarantee applicant ~ conduct online real-time evaluation of the guarantor. Good credit can reduce the guarantee conditions: those with bad credit records will be published online. Chapter V Supplementary Provisions Article 16 When national laws and regulations change, these Measures shall be adjusted accordingly. Article 17 These Measures will be continuously improved in the actual operation of the guarantee business, and may be appropriately modified as needed. Article 18 The Board of Directors of XX Guarantee Company shall be responsible for the interpretation of these Measures. Nineteenth these Measures shall come into force as of the date of issuance.
Legal objectivity:
People's Republic of China (PRC) Civil Code
Article 388
To establish a security interest, a security contract shall be concluded in accordance with the provisions of this Law and other laws. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with guarantee functions. The guarantee contract is a subsidiary contract of the main creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, unless otherwise stipulated by law.