Article 2 The term "credit reporting institutions" as mentioned in these Measures refers to institutions established according to law and mainly engaged in credit reporting business.
Article 3 The People's Bank of China shall perform its duties of supervision and management of credit reporting institutions according to law. Branches of the People's Bank of China shall, within the scope authorized by the Head Office, perform the duties of supervision and management of credit reporting institutions within their jurisdiction.
Article 4 Credit reporting institutions shall abide by laws, administrative regulations and the provisions of the People's Bank of China, and operate in good faith, and shall not harm the national interests and social public interests, nor infringe upon the legitimate rights and interests of others. Article 5 The establishment of a personal credit reporting agency shall be approved by the People's Bank of China.
Article 6 The establishment of a personal credit investigation agency shall meet the following conditions in addition to the provisions of Article 6 of the Regulations on the Administration of Credit Investigation:
(1) Having a sound organizational structure;
(2) Having perfect internal control systems such as business operation, information security management and compliance management;
(three) the personal credit information system has reached the national information security protection level two or above.
The term "major shareholder" as mentioned in Item 1 of Article 6 of the Regulations on the Administration of Credit Information Industry refers to the shareholder whose capital contribution accounts for more than 5% of the company's total capital or whose shares account for more than 5% of the company's shares.
Article 7 To apply for the establishment of a personal credit reporting agency, the following materials shall be submitted to the People's Bank of China:
(1) An application form for establishing a personal credit reporting agency;
(2) A feasibility study report on the credit investigation business, including the development plan and business strategy;
(3) Articles of association;
(4) The relationship between shareholders and actual controllers;
(5) A statement that the major shareholders have no major violations of laws and regulations in the last three years and a credit report of the major shareholders;
(6) Qualification certificates of the directors, supervisors and senior managers to be appointed;
(7) Organizational structure and basic composition of personnel;
(8) The established internal control system, including business operation, safety management and compliance management;
(9) A personal credit information system security assessment report issued by an institution with the qualification of national information security level protection assessment, and a description of information security measures and related security systems;
(10) documents certifying the ownership or right to use the business premises;
(eleven) a copy of the notice of pre-approval of enterprise name issued by the administrative department for industry and commerce.
The People's Bank of China can verify the application materials through on-the-spot investigation and interview.
Article 8 The People's Bank of China shall, after accepting the application for the establishment of an individual credit reporting agency, announce the following items of the applicant to the public:
(a) the name, business premises and business scope of the credit reporting agency to be established;
(2) The capital of the credit reporting agency to be established;
(3) The list of major shareholders of the credit reporting agency to be established, their capital contribution or shares held;
(4) A list of directors, supervisors and senior managers of the proposed credit reporting agency.
Article 9 The People's Bank of China shall, within 60 days from the date of accepting the application for establishing a personal credit reporting agency, examine the application matters, and make a decision of approval or disapproval according to the prudent principle conducive to fair competition and the healthy development of the credit reporting industry. If it decides to approve, it shall issue a personal credit information business license according to law; If it decides not to approve, it shall make a written decision.
Article 10 An approved personal credit reporting institution shall register with the company registration authority with the Personal Credit Reporting Business License and obtain a business license; A personal credit reporting agency shall submit a copy of its business license to the People's Bank of China within 20 days from the date of approval and registration by the company registration authority.
Article 11 Where an individual credit reporting agency intends to merge or separate, it shall apply to the People's Bank of China, explain the application and reasons, and submit relevant supporting materials.
The People's Bank of China shall, within 20 days from the date of accepting the application, make a written decision on approval or disapproval.
Article 12 Where an individual credit reporting agency changes its capital or major shareholders, it shall apply to the People's Bank of China, explain the changes and reasons, and submit relevant supporting materials.
The People's Bank of China shall, within 20 days from the date of accepting the application, make a written decision on approval or disapproval.
Article 13 To establish a branch, an individual credit reporting agency shall meet the following conditions:
(1) Fully demonstrating the feasibility of the proposed branch;
(2) It has not received any major administrative punishment in the last three years.
Article 14 When applying for establishing a branch, an individual credit reporting agency shall submit the following materials to the People's Bank of China:
(1) An application form for the establishment of a branch by an individual credit reporting agency;
(2) The audited financial and accounting report of the individual credit reporting agency in the previous year;
(3) A feasibility report on the establishment of a branch, including the three-year business development plan, market analysis and business policy of the branch to be established;
(4) The internal control system arrangement and risk prevention measures for the establishment of branches;
(5) A statement that the personal credit reporting agency has not been subjected to major administrative punishment in the last three years;
(6) Resume materials of the senior management personnel of the branch to be employed.
The People's Bank of China shall, within 20 days from the date of accepting the application, make a written decision on approval or disapproval.
Article 15 Where an individual credit reporting agency changes its name, business premises and legal representative, it shall apply to the People's Bank of China for changing its personal credit reporting business license.
Personal credit reporting institutions shall apply to the company registration authority for change registration after the items recorded in the personal credit reporting business license are changed, and file with the People's Bank of China within 20 days from the date when the company registration authority approves the change.
Sixteenth personal credit business license shall be publicized in a prominent position in the business premises of personal credit institutions.
Article 17 A personal credit investigation agency shall properly keep the Personal Credit Investigation Business License, and shall not alter, resell, lease, lend or transfer it.
Eighteenth personal credit business license is valid for 3 years. If the period of validity expires and needs to be extended, it shall apply to the People's Bank of China 60 days before the expiration of the period of validity and renew the Personal Credit Information Business License.
If the period of validity expires without extension, the personal credit reporting agency shall report to the People's Bank of China 60 days before the expiration of the personal credit reporting business license, and properly handle the information base and handle the cancellation procedures of the personal credit reporting business license in accordance with the provisions of Article 20 of these Measures; If a personal credit reporting institution fails to apply for renewal 60 days before the expiration of the Personal Credit Reporting License, the People's Bank of China may cancel its personal credit reporting license on the expiration of the Personal Credit Reporting License and handle the information base in accordance with Article 12 of the Regulations on the Administration of Credit Reporting Industry.
Article 19 The establishment of an enterprise credit investigation agency shall meet the conditions for the establishment of a company as stipulated in the Company Law of People's Republic of China (PRC), and shall, within 30 days from the date of approval and registration by the company registration authority, go through the filing with the branch above the central branch of the provincial capital city of the People's Bank of China, and submit the following materials:
(a) the enterprise credit reporting agency filing form;
(2) A copy of the business license;
(3) Description of the ownership structure, including capital, list of shareholders and their capital contribution or shares held;
(4) Organizational structure and basic composition of personnel;
(5) A report on the basic situation of business scope and business rules;
(six) the basic situation of the business system, including the enterprise credit information system construction report and the enterprise credit information system security assessment report issued by the institution with the national information security level protection assessment qualification;
(seven) information security and risk prevention measures, including the established internal control system and safety management system.
In case of any change in the filing matters of an enterprise credit reporting agency, it shall handle the change filing with the filing agency within 30 days from the date of change.
Article 20 If an individual credit reporting agency intends to terminate its credit reporting business due to dissolution or bankruptcy according to law, it shall report its withdrawal plan to the People's Bank of China 60 days before the intended termination date, and handle the information base in accordance with the provisions of Article 12, paragraph 1, of the Regulations on Credit Reporting Management.
Where an individual credit reporting agency terminates the credit reporting business, it shall make an announcement on the designated media of the People's Bank of China within 20 days from the date of termination, handle the cancellation procedures of the Personal Credit Reporting Business License, and return the license to the People's Bank of China; If it is not returned within the time limit, the People's Bank of China shall collect it according to law.
Article 21 Where an enterprise credit reporting agency intends to terminate its credit reporting business due to legal dissolution, bankruptcy and other reasons, it shall report its withdrawal plan to the People's Bank of China 60 days before the planned termination date, and handle the information base in accordance with the provisions of Paragraph 1 of Article 12 of the Regulations on Credit Reporting. Twenty-second directors, supervisors and senior managers of individual credit reporting institutions shall obtain the post qualifications approved by the People's Bank of China before taking office.
Twenty-third to obtain the qualifications of directors, supervisors and senior managers of individual credit reporting institutions, the following conditions shall be met:
(a) integrity, good conduct;
(2) Having a college degree or above;
(three) engaged in credit work for more than 3 years or engaged in financial, legal, accounting and economic work for more than 5 years;
(4) Having the management ability required to perform their duties;
(five) familiar with the laws, regulations and professional knowledge related to the credit investigation business.
Article 24 In any of the following circumstances, a person may not serve as a director, supervisor or senior manager of an individual credit reporting agency:
(1) Being sentenced to punishment for committing crimes of corruption, bribery, embezzlement of property, misappropriation of property or disrupting the order of the socialist market economy, or being deprived of political rights for committing crimes, and the execution period has not exceeded five years;
(2) Having a record of major violations of laws and regulations in the last three years.
The term "records of major violations of laws and regulations" as mentioned in these Measures refers to criminal records or records of major administrative punishments other than those listed in item 1 of the preceding paragraph.
Article 25 When applying to the People's Bank of China for approving the qualifications of directors, supervisors and senior managers, an individual credit reporting agency shall submit the following materials:
(1) Application forms for the qualifications of directors, supervisors and senior managers;
(2) Resume materials of the directors, supervisors and senior managers to be proposed;
(3) photocopies of academic credentials of the directors, supervisors and senior managers to be appointed;
(4) A statement that the directors, supervisors and senior managers to be appointed have no record of major violations of laws and regulations in the last three years;
(5) Personal credit reports of the directors, supervisors and senior managers to be appointed.
Personal credit reporting institutions shall truthfully submit the materials specified in the preceding paragraph, and the personal credit reporting institutions and the directors, supervisors and senior managers to be employed shall be responsible for the authenticity and completeness of the materials. The People's Bank of China shall verify the authenticity of the materials as required, and inspect or talk with the directors, supervisors and senior managers who apply for post qualifications.
Article 26 The People's Bank of China shall examine the qualifications of directors, supervisors and senior managers of individual credit reporting institutions according to law, and make a written decision on approval or disapproval.
Twenty-seventh directors, supervisors and senior managers of enterprise credit reporting institutions shall, within 20 days from the date of taking office, file with the branches above the central branch of the provincial capital city of the People's Bank of China and submit the following materials:
(1) Records of directors, supervisors and senior managers;
(2) Resume materials of directors, supervisors and senior managers;
(3) Copies of educational certificates of directors, supervisors and senior managers;
(4) A statement on the authenticity of the filing materials of directors, supervisors and senior managers.
Where the directors, supervisors and senior managers of an enterprise credit reporting agency change, they shall handle the change filing with the filing agency within 20 days from the date of change. Twenty-eighth individual credit institutions shall, at the end of the first quarter of each year, report to the People's Bank of China on the development of credit information business in the previous year.
The enterprise credit reporting institution shall report the credit reporting business of the previous year to the filing institution at the end of the first quarter of each year.
The contents of the report shall include credit information collection, credit product development, credit information service, objection handling, credit information system construction, information security, etc.
Twenty-ninth individual credit institutions shall, in accordance with the provisions, submit statistical statements, financial accounting reports, audit reports and other materials to the People's Bank of China.
Enterprise credit reporting institutions shall submit statistical statements, financial accounting reports, audit reports and other materials to the filing institutions in accordance with the provisions.
Credit institutions shall be responsible for the authenticity, accuracy and completeness of the reports and materials submitted.
Thirtieth credit institutions shall, in accordance with the national information security protection level evaluation standards, conduct a security assessment of the credit information system.
If the security protection level of the credit information system of the credit reporting agency is Grade II, it shall be assessed once every two years; If the security protection level of the credit information system is level 3 or above, it shall be evaluated every year.
Personal credit reporting institutions shall submit the evaluation report to the People's Bank of China within 20 days from the date of issuance of the evaluation report by institutions with national information security level protection evaluation qualification, and enterprise credit reporting institutions shall submit the evaluation report to the filing institution.
Thirty-first credit institutions in any of the following circumstances, the People's Bank of China and its branches can be listed as key regulatory targets:
(a) serious violations of laws and regulations occurred in the previous year;
(2) There may be signs of information leakage;
(3) Abnormal financial status or serious losses.
(four) a large number of complaints;
(5) Failing to submit relevant materials in accordance with the provisions of Articles 28, 29 and 30 of these Measures;
(6) Other circumstances that the People's Bank of China deems necessary for key supervision.
Credit reporting institutions are listed as key regulatory targets. The People's Bank of China and its branches may shorten the credit reporting business and the security assessment cycle of the credit reporting system as appropriate, and take corresponding regulatory measures to urge credit reporting institutions to rectify.
If the circumstances listed in the first paragraph are eliminated through rectification, the People's Bank of China and its branches may no longer list them as key regulatory targets.
Article 32 The People's Bank of China and its branches may, according to regulatory needs, interview the directors, supervisors and senior managers of credit reporting institutions and ask them to explain major issues concerning credit reporting business operation, risk control and internal management. Article 33 If an applicant who applies for the establishment of a personal credit reporting agency conceals relevant information or provides false materials, the People's Bank of China shall punish him in accordance with the relevant provisions of the Administrative Licensing Law of People's Republic of China (PRC).
Article 34 If the personal credit information system of a personal credit information agency fails to meet the requirements of the national information security protection level II or above, the People's Bank of China may order it to make rectification; If the circumstances are serious or refuse to rectify, the People's Bank of China shall revoke its personal credit business license according to the provisions of Article 38 of the Regulations on the Administration of Credit Information Industry.
Article 35 The People's Bank of China shall not accept or approve the applicants for the qualifications of directors, supervisors and senior managers of individual credit reporting institutions who conceal relevant information or provide false materials, and shall give them a warning; Those that have been approved shall be disqualified.
It is forbidden for the above applicants to apply for the post qualification again within 3 years.
Article 36 If a personal credit reporting agency appoints a director, supervisor or senior manager who has not obtained the post qualification, the People's Bank of China shall order it to make corrections and give a warning; If the circumstances are serious, a fine of 6,543,800 yuan and 30,000 yuan shall be imposed.
If the directors, supervisors and senior managers appointed by enterprise credit reporting agencies fail to put on record or change their records in time, and provide false materials in the record, the branch of China People's Bank shall order them to make corrections and give them a warning; If the circumstances are serious, a fine of 6,543,800 yuan and 30,000 yuan shall be imposed.
Thirty-seventh credit institutions in violation of the provisions of article twenty-ninth, article thirtieth, the people's Bank of China and its branches shall be ordered to make corrections; If the circumstances are serious, a fine of 6,543,800 yuan and 30,000 yuan shall be imposed; Anyone suspected of committing a crime shall be transferred to judicial organs for criminal responsibility according to law. Article 38 The People's Bank of China shall be responsible for the interpretation of these Measures.
Article 39 These Measures shall come into force on February 20th, 20 13+65438.