As the main sponsor, an enterprise legal person shall meet the following conditions: (1) standardized management, good credit and strong strength.
(two) continuous operation for more than 3 years, and continuous profit in the last 2 fiscal years. The accumulated net profit in the last three years is more than 6,543,800 yuan, the asset-liability ratio is not higher than 70%, and the net assets are not less than 50 million yuan. The long-term investment after the implementation of this investment shall not exceed 60% of the net assets in principle.
As the main sponsor, a natural person should meet the following conditions: (1) Having the economic strength to sponsor capital contribution, having a certain industry background, having a certain influence in the industry, and being able to issue corresponding valid certificates.
(2) No major bad credit record, no major bad business record and no criminal record.
2. The minimum registered capital of a financing guarantee company established in this Municipality is RMB 654.38+0 billion.
Registered capital is paid-in monetary capital.
A financing guarantee company established under the leadership of the county government and mainly providing financing guarantee services for small and medium-sized enterprises within its jurisdiction may appropriately reduce the registered capital requirements.
If a single enterprise legal person is the main sponsor, the shareholding ratio shall not be less than 30% in principle; If two enterprise legal persons are the main sponsors, the shareholding ratio shall not be less than 20% in principle; Where a natural person initiates the establishment as the main sponsor, it shall hold an appropriate proportion of shares.
General promoters should have certain industry background, continuous capital contribution ability and risk tolerance, and the capital contribution should not be less than 5 million yuan in principle.
3. To set up a financing guarantee company, the following requirements shall be met: (1) The conditions stipulated in the preceding paragraph concerning the main sponsors and general sponsors shall be met.
(2) Having articles of association that conform to the Company Law of People's Republic of China (PRC).
(3) Shareholders with sustainable capital contribution capacity.
(4) Having registered capital meeting the requirements of these Trial Measures.
(5) Having qualified directors, supervisors, senior managers and qualified employees.
(6) Having a sound organizational structure, internal control and risk management system.
(7) Having a business place that meets the requirements.
(8) Other prudential conditions.
4. Directors, supervisors and senior management personnel shall have the post-holding qualifications stipulated by the inter-ministerial joint meeting, be law-abiding, be honest and trustworthy, and have professional knowledge, work experience and organizational management ability suitable for their positions.
5. Employees should participate in special training in guarantee, finance, etc., have professional skills suitable for their posts, and have good awareness of legal compliance and prudent management.
6. To establish a financing guarantee company, the main sponsor shall submit the application materials for establishment to the district and county government where the company to be registered is located.
The application materials shall include: (1) application.
Indicate the name, domicile, registered capital and business scope of the financing guarantee company to be established.
(2) Feasibility study report.
(3) Draft articles of association.
(4) The register of shareholders, their capital contribution and shareholding structure.
(5) capital verification certificate of shareholder's contribution, shareholder's credit certificate and related materials.
(6) Resumes and qualification certificates of the directors, supervisors and senior managers to be proposed.
(7) Business development strategy and planning.
(8) Proof of business premises.
(9) Legal opinions and audit reports issued by law firms and accounting firms.
(10) Other documents and materials that need to be submitted.
The district and county governments that carry out financing guarantee business management shall pre-examine the above application materials as required, and report the application materials and pre-examination opinions to the Municipal Finance Office after the pre-examination is passed.
After soliciting the opinions of the relevant member units of the joint meeting of the city, if the Municipal Finance Office considers that it meets the relevant requirements, it shall issue a document agreeing to its preparation.
7. The applicant shall complete the preparatory work within 6 months from the date when the Municipal Finance Office agrees to its preparatory documents.
If the preparatory work is not completed within the prescribed time limit, the reasons shall be explained, and it may be appropriately extended after being audited by the competent department of the district and county where the proposed registration is located and reported to the Municipal Finance Office for approval.
If the preparatory work is not completed within the extended period, the original approval document of the Municipal Finance Office will automatically become invalid.
The preparatory organization shall not engage in any financing guarantee business activities.
8. After completing the preparatory work, the applicant shall submit a written report on the pre-acceptance of the preparatory work to the district and county authorities.
After the pre-acceptance is passed, the district and county authorities shall submit a written report to the Municipal Finance Office for formal acceptance of the preparatory work.
After the formal acceptance, the Municipal Finance Office will give a reply to the opening of the financing guarantee company and issue a business license for the financing guarantee company.
A financing guarantee company that has been approved to start business shall apply to the industrial and commercial department for registration with the approval documents and business license.
If the financing guarantee company fails to go through the registration formalities with the industrial and commercial department within 3 months from the date of receiving the business license, the original business license issued by the Municipal Finance Office will automatically become invalid.
The specific time limit for examination and approval of the applicant by the district and county competent departments and the Municipal Finance Office shall comply with the relevant provisions of the Administrative Licensing Law.
The name of the financing guarantee company approved to be established in this Municipality consists of administrative division, shop name, industry description and organizational form in turn, in which the administrative division refers to "Shanghai"; The font size is determined by the company itself; The industry statement shall be marked with the words "financing guarantee" or "financing guarantee"; The organization form is a limited liability company or a joint stock limited company.
Without approval, the words "financing guarantee" or "financing guarantee" shall not be used in the name.