Interpretation of management methods of financial leasing companies

In order to implement the State Council's spirit of financial support for the structural adjustment and transformation and upgrading of the real economy, guide all kinds of ownership capital into the financial leasing industry, further promote the pilot process of establishing financial leasing companies by commercial banks, and promote the healthy development of the industry, the CBRC thoroughly summarized the practical experience of financial leasing companies in recent years, revised and improved the Measures for the Administration of Financial Leasing Companies (hereinafter referred to as the Measures), and on the basis of extensively soliciting opinions from all walks of life, on March 20 14.

During the revision of the Measures, the opinions and suggestions of financial leasing companies and all sectors of society were fully solicited and absorbed. According to the results of soliciting opinions, some contents such as the scope of leased property, related party transaction management system and asset securitization business rules applicable to financial leasing transactions have been appropriately adjusted.

The revised Measures are divided into six chapters and 6 1, focusing on the revision and improvement of access conditions, business scope, business rules and supervision and management. First, adjust the main investor system to sponsor system, and no longer distinguish between main investors and general investors. All qualified five types of institutions can set up financial leasing companies as sponsors, eliminating the requirement that major investors contribute more than 50%. At the same time, considering the needs of business development, risk management and professional development of financial leasing companies, it is stipulated that at least one qualified commercial bank, manufacturing enterprise or overseas financial leasing company should be included in the sponsors, and its capital contribution ratio should not be less than 30%; Second, expand the business scope, relax the conditions of shareholders' deposit business, broaden the transfer scope of financial leasing assets, increase the fixed-income securities investment business, and provide guarantees for holding subsidiaries and project companies to raise funds externally; The third is to implement a classified management system, allowing qualified financial leasing companies to carry out upgrading business such as issuing financial bonds, asset securitization and setting up bonded area project companies in China on the basis of basic business; Fourth, strengthen shareholders' awareness of risk responsibility, and require sponsors to stipulate in the articles of association of financial leasing companies that they will provide liquidity support when financial leasing companies encounter payment difficulties, replenish capital in time when operating losses erode capital, better protect the legitimate rights and interests of stakeholders, and promote the company's sustained and steady operation; Fifth, enrich and improve business rules and prudential supervision requirements, emphasize the management of ownership and value evaluation of financial leasing, strengthen the management of leased property and unsecured residual value, and improve prudential supervision requirements in capital management, related party transactions and concentration; Sixth, allow financial leasing companies to set up subsidiaries on a pilot basis, guide financial leasing companies to deeply cultivate specific industries vertically, and enhance the level of specialization and core competitiveness.

The revised Measures are richer and more comprehensive. Based on the needs of the reform and development of China's financial leasing industry, relaxing the entry threshold is conducive to guiding all kinds of ownership capital into the financial leasing industry and deepening the reform and opening up of the financial industry. Appropriately expanding business scope, strengthening shareholders' awareness of risk responsibility, implementing classified management and perfecting supervision rules are conducive to promoting the scientific and healthy development of financial leasing companies, giving full play to their unique advantages, being more practical, specialized and stronger, and improving the level of serving the real economy.

After the formal implementation of the Measures, the CBRC will encourage and guide qualified capital to initiate the establishment of financial leasing companies in accordance with the principles of commercialization and marketization, do a good job in the access and supervision of financial leasing companies according to law, and promote the sustained and healthy development of the financial leasing company industry. notes