(1) Promoting the healthy development of the financing guarantee industry.
For a long time, due to the lack of relatively uniform access requirements and operating norms and continuous daily supervision system in the guarantee industry, China's financing guarantee institutions are only registered and managed as ordinary industrial and commercial enterprises, which leads to unclear market positioning, chaotic institutional development and irregular management. The professional advantages and credit enhancement function of financing guarantee have not been fully and effectively exerted, thus affecting the sustainable development ability of the whole industry. The "Measures" are formulated to clarify the nature, market positioning and basic operating rules of financing guarantee companies by stipulating their establishment conditions, business norms, regulatory rules and legal responsibilities, so as to urge them to establish a sustainable business model according to the principle of prudent operation, enhance their development capabilities and achieve sustained and healthy development.
(2) It is necessary for the financing guarantee industry to standardize its operation and strengthen its supervision.
For more than ten years, with the great attention and active support of relevant state departments and local governments at all levels, China's financing guarantee industry has made great progress from small to large, which has played an important role in alleviating the financing difficulties of small and medium-sized enterprises, especially small and medium-sized enterprises, and promoting local economic development. After the outbreak of the global financial crisis, the financing guarantee industry has constantly exposed some problems, such as irregular business operation, lax internal management, insufficient risk identification and control ability, illegal withdrawal of investment, illegal financial business and so on. The existence of these problems not only damages the overall image of the guarantee industry, but also disrupts the normal economic and financial order, resulting in a bad social impact. More than ten years of development practice has proved that without industry norms and continuous supervision and management, it is difficult for the financing guarantee industry to develop continuously and healthily, and even endanger the national economic and financial stability. The formulation of the Measures can provide institutional basis for standardizing the operation of financing guarantee companies and strengthening continuous and effective supervision.
(3) The need to prevent and resolve risks in the financing guarantee industry.
The financing guarantee industry manages credit, risks and assumes responsibilities. As an economic activity, financing guarantee embodies the functions of credit enhancement and financial leverage, and has the dual attributes of finance and intermediary. It is a highly leveraged and high-risk industry, and its core competitiveness directly depends on the capital strength and risk management and control ability of the guarantee institution itself. Therefore, it is necessary to strengthen the prudent supervision of guarantee companies from the aspects of capital, leverage ratio, provision, corporate governance, internal control, risk concentration, related party transactions, information disclosure, and qualification management of senior executives and employees through the formulation and implementation of the Measures, so as to promote them to raise their risk awareness, respond to risks in time, and step into the track of healthy and steady development as soon as possible. The guiding ideology of formulating the Measures is to strengthen the supervision and management of financing guarantee institutions, prevent and resolve financing guarantee risks, promote the healthy development of financing guarantee business, and create necessary institutional conditions for guarantee institutions to play a role in alleviating the loan difficulties of SMEs. In order to reflect this guiding ideology, the drafting of the Measures established the following principles:
First, closely link with reality.
Based on the actual situation of the current guarantee industry, this paper emphatically summarizes the basic laws of the development of the guarantee industry, and embodies the concept of paying equal attention to standardized management and promoting development. For example, in the setting of capital access threshold, the current situation of China's regional economic development is fully considered, and local regulatory authorities are authorized to set the minimum registered capital at more than 5 million yuan according to local actual conditions. For example, the business scope, guarantee magnification and related prudential indicators should fully consider the current situation of guarantee institutions and the requirements of supporting development.
The second is to respect the laws of the market.
If the market can be well managed, the measures should not be too restrictive or too detailed. For example, the bank's evaluation and selection of guarantee companies largely constitutes the market's supervision of guarantee companies, which can guide guarantee institutions to strengthen risk control and operate prudently through the restraint and guidance of banking supervision departments. In the setting of specific regulatory indicators, we should control the main aspects, highlight the risk points, and focus on the main risk control measures such as access, business rules, regulatory requirements, capital management, reserve management, concentration control, guarantee for related parties, and information disclosure. For other issues, local regulatory authorities should regulate them mainly according to the actual situation of the market by formulating implementation rules or formulating specific measures separately.
The third is to pay attention to standardized management.
Serious irregularities and imprudence of guarantee institutions that violate the basic business rules, such as some guarantee institutions that are divorced from their main business and specialize in sideline business, but actually engage in lending or fraudulent loans in the name of guarantee, must be standardized and rectified to purify the financing guarantee market. Article 54 of Chapter VII of the Measures.
Chapter I General Provisions: It mainly stipulates the purpose and basis, operating principles, supervision system and related explanations of the Measures;
Chapter II Establishment, modification and termination: the examination and approval system and conditions for the establishment of financing guarantee companies and their branches are emphatically established;
Chapter III Business Scope: The business scope and prohibited acts of financing guarantee companies are stipulated;
Chapter IV Business Rules and Risk Control: The internal control system, risk concentration management, risk index management, reserve provision, related party guarantee management, information management and information disclosure are mainly standardized, and corporate governance, professional staffing, financial system, charging principle and risk sharing are stipulated in principle.
Chapter V Supervision and Management: Relevant provisions are made on off-site supervision, capital supervision, on-site inspection and reporting of major events, emergency response, audit supervision, industry self-discipline and credit management.
Chapter VI Legal Liability: The legal liability of market entities such as regulatory authorities and financing guarantee companies to operate financing guarantee business without authorization shall be stipulated within the scope of existing laws and regulations;
Chapter VII Supplementary Provisions: stipulates the scope of application of the Measures, the authorization, standardization and rectification of relevant measures. The formulation and promulgation of the Measures will further strengthen the standardized management of financing guarantee business, prevent and resolve the risks of financing guarantee industry, and promote the healthy development of financing guarantee industry; It will have a realistic and long-term positive impact on the standardization and development of the financing guarantee industry, especially through the implementation of the prudential rules in the Measures and the standardization and rectification of the existing guarantee institutions, which is expected to make the financing guarantee institutions and even the whole guarantee industry gradually embark on the track of prudent operation according to law, which will play a positive role in improving the recognition of creditors, especially banking financial institutions, to the financing guarantee industry, which will be conducive to the long-term development of the financing guarantee industry and better support and promote the development of the majority of small and medium-sized enterprises.