What are the requirements for establishing a financial leasing company?

Chapter I General Provisions Article 1 In order to promote the development of financial leasing business and standardize the business activities of financial leasing companies, these Measures are formulated in accordance with the Banking Supervision Law of the People's Republic of China, the Company Law of People's Republic of China (PRC) and other laws and regulations. Article 2 The term "financial leasing companies" as mentioned in these Measures refers to non-bank financial institutions that are mainly engaged in financial leasing business with the approval of the CBRC. The name of a financial leasing company shall be marked with the words "financial leasing". Without the approval of the CBRC, no unit may use the word "financial leasing" in its name. Article 3 The term "financial leasing" as mentioned in these Measures refers to the transaction in which the lessor rents the leased property obtained from the supplier to the lessee for possession and use according to the lessee's choice or approval of the leased property and the supplier, and collects the rent from the lessee. Article 4 The leased property applicable to financial leasing transactions is fixed assets, unless otherwise stipulated by the CBRC. Article 5 The term "leaseback business" as mentioned in these Measures refers to the form of financial leasing in which the lessee sells his own articles to the lessor, signs a financial leasing contract with the lessor at the same time, and then rents the articles back from the lessor. Sale and leaseback business is a financial leasing method in which the lessee and the supplier are the same person. Article 6 The CBRC and its dispatched offices shall supervise and manage financial leasing companies according to law. Chapter II Establishment, Change and Termination of Institutions Article 7 To apply for the establishment of a financial leasing company, the following conditions shall be met: (1) Having articles of association that conform to the Company Law of People's Republic of China (PRC) and the provisions of the China Banking Regulatory Commission; (2) Having promoters who meet the prescribed conditions; (3) The registered capital is a one-time paid-in monetary capital with a minimum amount of 654.38 billion yuan or its equivalent in a freely convertible currency; (4) There are directors and senior managers who meet the post qualifications, and the number of employees who have been engaged in finance or financial leasing for more than 3 years is not less than 50% of the total number; (5) An effective corporate governance, internal control and risk management system has been established. (6) It has established an information technology framework that meets the requirements of business operation and supervision, has a necessary, secure and compliant information system to support business operation, and has technologies and measures to ensure the continuous operation of business; (7) Having business premises, safety precautions and other facilities suitable for business operation; (8) Other prudential conditions as prescribed by the CBRC. Article 8 The promoters of financial leasing companies include commercial banks with independent legal person status registered inside and outside China, large enterprises registered in China whose main business is to manufacture products suitable for financial leasing transactions, financial leasing companies registered outside China and other promoters recognized by the CBRC. Other promoters recognized by the CBRC refer to other domestic legal person institutions and overseas financial institutions other than those stipulated in Articles 9 to 11 of these Measures. Article 9 A commercial bank with independent legal personality registered inside and outside China, as a promoter of a financial leasing company, shall meet the following conditions: (1) It shall meet the prudential supervision requirements of the regulatory authorities of the country or region where it is located; (2) Having a good corporate governance structure, an internal control mechanism and a sound risk management system; (3) Its total assets at the end of the latest 1 year are not less than 80 billion yuan or equivalent in a freely convertible currency; (4) It is in good financial condition and has been making profits continuously in the last two fiscal years; (5) Determine a clear development strategy and profit model for the financial leasing company to be established; (six) abide by the laws and regulations of the place of registration, and there have been no major cases or major violations of laws and regulations in the past two years; (7) Where an overseas commercial bank is the sponsor, the financial regulatory authority of the country or region where it is located has established a good supervision and management cooperation mechanism with the CBRC; (8) The capital invested in shares is self-owned, and non-self-owned funds such as entrusted funds and creditor's rights funds shall not be used for shares; (9) Promise not to transfer, pledge or set up a trust of the equity of the financial leasing company within five years, and specify it in the articles of association of the proposed company; (10) Other prudential conditions stipulated by the CBRC. Article 10 As a promoter of a financial leasing company, a large-scale enterprise registered in China whose main business is to manufacture products suitable for financial leasing transactions shall meet the following conditions: (1) It has a good corporate governance structure or an effective organizational management model; (2) Its business income in the last 65,438+0 years is not less than 5 billion yuan or its equivalent in a freely convertible currency; (3) It is in good financial condition and has been making profits continuously in the last two fiscal years; (4) Its net assets at the end of the latest year shall not be less than 30% of its total assets; (5) The sales revenue of main business in recent 1 year accounted for more than 80% of the total operating revenue; (six) to determine a clear development strategy and profit model for the proposed financial leasing company; (seven) have a good social reputation, integrity records and tax records; (eight) abide by national laws and regulations, and have no major cases or major violations of laws and regulations in the last 2 years; (9) The capital invested in shares is self-owned, and non-self-owned funds such as entrusted funds and creditor's rights funds shall not be used for shares; (10) Promise not to transfer, pledge or set up a trust of the equity of the financial leasing company within five years, and specify it in the articles of association of the proposed company; (11) Other prudential conditions stipulated by the CBRC. Article 11 A financial leasing company registered outside China with independent legal person status, as a promoter of a financial leasing company, shall meet the following conditions: (1) It has a good corporate governance structure, an internal control mechanism and a sound risk management system; (2) Its total assets at the end of the latest 1 year are not less than 10 billion yuan or its equivalent in a freely convertible currency; (3) It is in good financial condition and has been making profits continuously in the last two fiscal years; (4) Abide by the laws and regulations of the place of registration, and have no major cases or major violations of laws and regulations in the last two years; (5) The country or region where it is located is in good economic condition; (six) the funds invested in the shares are self-owned funds, and it is not allowed to invest in the shares with non-owned funds such as entrusted funds and creditor's rights funds; (7) Promise not to transfer, pledge or set up a trust of the equity of the financial leasing company within five years, and specify it in the articles of association of the proposed company; (8) Other prudential conditions as prescribed by the CBRC. Article 12 A financial leasing company shall have at least one promoter who meets the provisions of Articles 9 to 11, and the proportion of its capital contribution shall not be less than 30% of the total share capital of the proposed financial leasing company. Article 13 As promoters of financial leasing companies, other domestic legal person institutions shall meet the following conditions: (1) Having a good corporate governance structure or an effective organizational management model; (2) Having a good social reputation, good credit record and tax payment record; (3) It has good business management, and has no major illegal business records in the last two years; (4) It is in good financial condition and has been making profits continuously in the last two fiscal years; (5) The capital invested in shares is its own capital, and it is not allowed to invest in shares with non-own funds such as entrusted funds and creditor's rights funds; (6) Promise not to transfer the equity of the financial leasing company within five years, pledge the equity of the financial leasing company or establish a trust, and specify it in the articles of association; (7) Other prudential conditions stipulated by the CBRC. Other domestic legal person institutions are non-financial institutions, and their net assets at the end of the latest 1 year are not less than 30% of their total assets; If other domestic legal person institutions are financial institutions, they shall meet the requirements of laws, regulations and relevant regulatory provisions related to such financial institutions. Article 14 Other overseas financial institutions, as promoters of financial leasing companies, shall meet the following conditions: (1) They shall meet the prudential supervision requirements of the regulatory authorities in the country or region where they are located; (2) Having a good corporate governance structure, an internal control mechanism and a sound risk management system; (3) In principle, the total assets at the end of the latest 1 year are not less than 1 billion dollars or its equivalent in a freely convertible currency; (4) It is in good financial condition and has been making profits continuously in the last two fiscal years; (5) The capital invested in shares is its own capital, and it is not allowed to invest in shares with non-own funds such as entrusted funds and creditor's rights funds; (6) Promise not to transfer, pledge or set up a trust of the equity of the financial leasing company within five years, and specify it in the articles of association; (7) 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; (8) Having effective anti-money laundering measures; (nine) the country or region is in good economic condition; (10) Other prudential conditions stipulated by the CBRC. After reading the article, the conditions for the establishment of a financial leasing company should be clear to everyone. First of all, the establishment of a financial leasing company must meet the above eight conditions. It's just content to register in China. Of course, if you want to register a financial company abroad, you must meet the conditions. By contrast, it will be easier in China.