The term "financing guarantee" as mentioned in these Measures (including mutual re-guarantee provided by financing guarantee institutions) refers to the guarantee provided by financing guarantee institutions for debtors to finance creditors. Article 3 These Measures shall apply to the establishment and management of financing guarantee institutions within the administrative region of this province. Article 4 The financial departments of the people's governments at or above the county level shall be responsible for the management of financing guarantees within their respective administrative areas. Article 5 The organizational form of a financing guarantee institution is a limited liability company or a joint stock limited company. A financing guarantee institution shall operate independently, conduct independent accounting, be responsible for its own profits and losses, and follow the principle of "voluntary fairness, risk prevention, safety and stability, and market-oriented operation". Except for approving the establishment of branches, financing guarantee institutions shall not have subordinate relations. Article 6 The government encourages the development of financing guarantee services and encourages financing guarantee institutions to provide financing guarantee services for small and medium-sized enterprises, especially small and medium-sized scientific and technological enterprises and the industrialization of scientific and technological achievements. Article 7 A financing guarantee institution shall assist the government in implementing policies to support the development of enterprises, and shall not refuse the business entrusted by the government. When entrusting business, the government should follow the principle of marketization and give consideration to the interests of financing guarantee institutions. Chap II establishment of financing guarantee institution article 8 that establishment of a financing guarantee institution shall meet the conditions stipulated in the company law of People's Republic of China (PRC).
The minimum registered capital of a financing guarantee institution with branches is 300 million yuan; The minimum registered capital of a financing guarantee institution without branches is RMB 654.38 billion.
The minimum registered capital of a financing guarantee institution must be paid-in monetary capital. During the operation period, investors shall not withdraw monetary funds in any way except for legal transfer. Article 9 To apply for the establishment of a financing guarantee institution, the following documents and materials shall be submitted to the competent financial department, and a formal application form shall be filled out after passing the preliminary examination:
(1) An application for establishment, which shall specify the name, registered capital, source of funds and business scope of the financing guarantee institution to be established;
(2) Feasibility study report;
Articles of association of the financing guarantee institution;
(4) List of shareholders, their capital contribution and shares;
(5) Credit certificates and relevant materials of shareholders holding more than 65,438+00% of the registered capital;
(6) Resumes and qualification certificates of the proposed senior managers;
(7) A capital verification certificate issued by a statutory capital verification institution;
(eight) other documents required by the competent financial department. Article 10 The financing guarantee institutions funded by the provincial finance and the financing guarantee institutions that set up branches shall put forward preliminary examination opinions by the provincial finance department and submit them to the provincial government for approval; The establishment of other financing guarantee institutions shall be put forward by the local financial department in charge of preliminary examination, approved by the provincial financial department, and reported to the provincial government for the record. Eleventh approved financing guarantee institutions, with the approval documents to the administrative department for Industry and commerce registration, obtain a business license before starting business. Chapter III Financing Guarantee Business Article 12 The business scope of a financing guarantee institution is: providing guarantee for customers to obtain loans from commercial banks, issue bonds, discount bills and other financing businesses; Handling the guarantee business of special guarantee funds entrusted by the government; Handle other guarantee business approved by the provincial government. Article 13 A financing guarantee institution shall withdraw the deposit according to 10% of its registered capital and deposit it in a financial institution designated by the competent financial department. It shall not be used except for the liquidation of financing guarantee institutions to pay off debts. Article 14 A financing guarantee institution shall evaluate the feasibility of the guarantee matters, establish a guarantee evaluation system and a scientific decision-making procedure, establish a risk prevention, dispersion and resolution mechanism, and strengthen the risk assessment and review of the guaranteed projects. Article 15 The accumulated balance of guarantee liabilities provided by a financing guarantee institution to a single project or the same guarantee customer shall not exceed 65,438+00% of the net assets at the end of last year. Article 16 The balance of guarantee liability provided by a financing guarantee institution shall not exceed 65,438+00 times of its net assets at the end of last year. Seventeenth financing guarantee institutions and creditors share the debt risk ratio of * * *.
In principle, the financing guarantee institution shall bear 70% of the debt principal, and the rest shall be borne by the creditors. Article 18 A financing guarantee institution may jointly guarantee and provide mutual re-guarantee through a voluntary and equal agreement. In principle, the proportion of responsibility sharing for re-guarantee shall not exceed 30% of the debt principal. Nineteenth financing guarantee institutions have the right to ask the entrusted guarantor to truthfully provide funds, property and financial status, check its authenticity, legitimacy and effectiveness, and keep its business secrets. Article 20 A financing guarantee institution may require the guarantor to implement counter-guarantee measures. If the guarantor is entrusted to provide counter-guarantee for financing guarantee institutions by mortgage or pledge of legal property, and it is necessary to register the mortgage or pledge, the relevant departments shall register it.