(1) Having articles of association that comply with the Company Law of People's Republic of China (PRC) and the provisions of the CBRC; ?
(two) there are investors who meet the prescribed conditions; ?
(3) Having the minimum registered capital that meets the requirements of these Measures; ?
(4) Having directors, senior managers and qualified employees who are familiar with consumer finance; ?
(5) Having a sound corporate governance, internal control, business operation and risk management system; ?
(6) Having business premises, safety precautions and other facilities suitable for business operation; ?
(7) Other prudential conditions stipulated by the CBRC. ? Article 6 The main investors of a consumer finance company shall be domestic and foreign financial institutions and other investors recognized by the CBRC, and shall meet the following conditions:
(1) Having more than 5 years working experience in the field of consumer finance; ?
(2) Its total assets at the end of the recent 65,438+0 year are not less than 60 billion yuan or its equivalent in a freely convertible currency (in terms of consolidated accounting statements); ?
(3) It is in good financial condition and has made continuous profits in the last two fiscal years (in terms of consolidated accounting statements); ?
(four) a good reputation, no major illegal business records in the last 2 years; ?
(5) The sources of capital for the shares are true and lawful, and the borrowed funds or funds entrusted by others shall not be used; ?
(6) Undertaking not to transfer the equity of the consumer finance company within three years (unless the CBRC orders the transfer according to law), and stating it in the articles of association of the proposed company; ?
(7) Having a good corporate governance structure, internal control mechanism and a sound risk management system; ?
(8) Meeting the regulatory requirements of relevant regulatory authorities; ?
(9) An overseas financial institution has set up a representative office in China for more than 2 years, or has set up a branch office, which has fully analyzed and studied the China market, and the financial regulatory authorities of the country or region where it is located have established a good supervision and management cooperation mechanism with the CBRC; ?
(10) Other prudential conditions stipulated by the CBRC. ? Article 7 The general investors of consumer finance companies shall meet the conditions specified in Items (3), (4), (5), (6), (7), (8) and (9) of Article 6 of these Measures. The registered capital of financial institutions shall not be less than 300 million yuan or its equivalent in freely convertible currencies, and the proportion of net assets of non-financial institutions shall not be less than 30%. ? Article 8 The registered capital of a consumer finance company is a one-time paid-in monetary capital, with a minimum amount of 300 million yuan or its equivalent in a freely convertible currency. ?
The CBRC may adjust the minimum registered capital according to the development of consumer finance business and the need of prudential supervision. ? Article 9 A consumer finance company may set up branches according to the needs of business development and with the approval of the CBRC. The specific conditions for establishing branches shall be formulated separately by the CBRC. ? Without the approval of the CBRC, a consumer finance company may not conduct business outside the administrative area where it is registered. ? Article 10 The CBRC shall implement the qualification approval system for directors and senior managers of consumer finance companies. ? Article 11 If a consumer finance company has any of the following changes, it shall report to the CBRC for approval.
(1) Change the name of the company; ?
(2) Change of registered capital; ?
(3) Changing the equity or adjusting the equity structure; ?
(4) Changing the company's domicile or business premises. ?
(5) Amending the Articles of Association. ?
(6) Replacement of directors and senior management personnel; ?
(7) Adjusting the business scope; ?
(eight) change the organizational form; ?
(9) merger or division. ?
(10) Other changes stipulated by the CBRC. ? Article 12 A consumer finance company may be dissolved with the approval of the CBRC under any of the following circumstances:
(1) The business term stipulated in the articles of association expires or other reasons for dissolution stipulated in the articles of association occur; ?
(2) The authority stipulated in the company's articles of association resolves to dissolve; ?
(3) The company needs to be dissolved due to merger or division; ?
(4) Other legal reasons. ?