1, domestic financial leasing company
There is no special restriction, and it shall be directly implemented with reference to the company law.
2. Foreign financial leasing companies
Foreign companies, enterprises and other economic organizations.
3. Financial leasing companies
1) a commercial bank with independent legal personality registered in and outside China;
2) Large enterprises registered in China whose main business is to manufacture products suitable for financial leasing transactions;
(3) Financial leasing companies registered inside and outside China and other promoters recognized by the China Banking Regulatory Commission.
Second, the conditions for establishment
1, domestic financial leasing company
1) The minimum registered capital of domestic financial leasing enterprises is10.70 billion yuan;
(2) Having a sound internal management system and risk control system;
(3) Having corresponding professionals in finance, trade, law and accounting. , and the senior management personnel should have at least three years experience in leasing industry;
4) It has a non-residential house address that can be used for the company's registration and operation, and it is necessary to provide a real estate license and a lease agreement;
4) Good business performance in the past two years, with no record of violation of laws and regulations;
(5) Having an industry background related to financial leasing products;
6) Other conditions stipulated by laws and regulations.
7) The operating period is generally not more than 30 years.
2. Foreign financial leasing companies
1) The registered capital is converted into US dollars at least100000 yuan;
(2) Having a sound internal management system and risk control system;
(3) Having corresponding professionals in finance, trade, law and accounting. , and the senior management personnel should have at least three years experience in leasing industry;
4) It has a non-residential house address that can be used for the company's registration and operation, and it is necessary to provide a real estate license and a lease agreement;
5) The proportion of foreign capital in the equity ratio is not less than 25%. Shareholders must be enterprises, and such shareholder companies must be established for more than one year. At present, under the premise of the access of Sino-foreign joint venture financial leasing companies, the approval of purely foreign-funded financial leasing companies is suspended unless they are well-known multinational enterprises;
6) The total assets of the foreign shareholder company in the previous year were not less than USD 5 million, the directors were foreign natural persons, the shareholders were foreign natural persons or enterprise legal persons, and there was no record of equity change in the last year. Chinese shareholder companies must have at least 6,543.8+billion yuan of asset certificates and registered capital subscription capacity, especially large equipment manufacturing enterprises or state-owned holding enterprises;
(seven) fully explain the main business areas, business models, sources of funds, overall business development planning for the next three years, risk control and other internal management systems of the pilot company to be established;
8) Other conditions stipulated by laws and regulations;
9) The operating period is generally not more than 30 years.
Third, the examination and approval department
1, domestic financial leasing company
Ministry of Commerce and State Taxation Administration of The People's Republic of China.
2. Foreign financial leasing companies
Ministry of commerce.
3. Financial leasing companies
Committee on Banking Supervision.
Four. scope of business
1, domestic financial leasing company
Taking financial leasing and other leasing businesses as the main business, we carry out leasing property purchase, leasing property residual value treatment and maintenance, leasing transaction consultation and guarantee, transferring accounts receivable to third-party institutions, accepting leasing deposits and other businesses approved by the examination and approval department.
Shall not engage in the following business:
1) absorbing deposits or absorbing deposits in disguised form;
2) Providing the lessee with working capital loans and other loans under the lease;
3) Securities investment and equity investment of financial institutions;
4) interbank lending business;
(5) Other financial businesses that have not been approved by the China Banking Regulatory Commission.
2. Foreign financial leasing companies
be the same as the above
3. Financial leasing companies
With the approval of the CBRC, a financial leasing company may engage in some or all of the following local and foreign currency businesses.
1) financial leasing business;
2) Transfer and transferee of financial lease assets;
3) Fixed income securities investment business;
4) Accept the lease deposit from the lessee;
5) absorbing time deposits of non-bank shareholders for more than 3 months (inclusive);
6) interbank borrowing;
7) Borrowing from financial institutions;
8) Overseas borrowing;
9) Sale and disposal of leased property;
10) Economic consultation.
With the approval of the CBRC, financial leasing companies that are in good operating condition and meet the requirements may offer some or all of the following local and foreign currency businesses:
1) issue bonds;
2) Set up a project company in the domestic bonded area to carry out financial leasing business;
3) Asset securitization;
4) Providing guarantee for external financing of holding subsidiaries and project companies;
(5) Other businesses approved by the CBRC.
Verb (abbreviation of verb) policy basis
1, domestic financial leasing company
Measures for the Supervision and Administration of Financial Leasing Enterprises and Notice of People's Republic of China (PRC) State Taxation Administration of The People's Republic of China and the Ministry of Commerce on Relevant Issues Concerning Financial Leasing Business.
2. Foreign financial leasing companies
The above basis and the Measures for the Administration of Foreign Investment Leasing Industry
3. Financial leasing companies
Measures for the administration of financial leasing companies