The name of a financial leasing company shall be marked with the words "financial leasing". Without the approval of China Banking Regulatory Commission, no unit or individual may engage in financial leasing business or use the word "financial leasing" in its name, unless otherwise stipulated by laws and regulations. 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.
The leased property applicable to financial leasing transactions is fixed assets. Article 4 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 5 The term "related party relations and related transactions" as mentioned in these Measures refers to related party relations and related transactions that conform to the relevant accounting standards for enterprises. Article 6 The China Banking Regulatory Commission and its dispatched offices shall supervise and manage financial leasing companies according to law. Chap II establishment, alteration and termination of institutions article 7 to apply for that establishment of a financial lease company, the following conditions shall be met:
(a) there are investors who meet the requirements of these measures;
(2) Having the minimum registered capital meeting the requirements of these Measures;
(3) Having articles of association that conform to the Company Law of People's Republic of China (PRC) and these Measures;
(4) Directors, senior managers and qualified employees who are familiar with the financial leasing business and meet the requirements of the China Banking Regulatory Commission;
(5) Having a sound corporate governance, internal control, business operation and risk prevention system;
(6) Having qualified business premises, safety precautions and other business-related facilities;
(7) Other conditions stipulated by China Banking Regulatory Commission. Article 8 Investors of financial leasing companies are divided into major investors and general investors. The main investor refers to the investor whose capital contribution accounts for more than 50% of the registered capital of the financial leasing company to be established. Ordinary investors refer to investors other than major investors.
To establish a financial leasing company, the major investor shall apply to the China Banking Regulatory Commission as the applicant. Article 9 A major investor of a financial leasing company shall meet one of the following conditions:
(1) A commercial bank with independent legal personality registered inside and outside China shall also meet the following conditions:
1. The capital adequacy ratio meets the requirements of the financial regulatory agency in the place of registration, and is not less than 8%;
2. Its assets at the end of the recent 1 year are not less than 80 billion yuan or the equivalent in a freely convertible currency;
3. Continuous profit in the last 2 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. It has a good corporate governance structure, internal control mechanism and a sound risk management system;
6. Other prudential conditions stipulated by China Banking Regulatory Commission.
(2) A leasing company registered inside and outside China shall also meet the following conditions:
1. Its assets at the end of the most recent year are not less than 6,543.8 billion yuan or its equivalent in a freely convertible currency;
2. Continuous profit in the last 2 years;
3. 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.
(3) A large enterprise registered in China whose main business is to manufacture products suitable for financial leasing transactions shall also meet the following conditions:
1. Its recent 1 annual operating income is not less than 5 billion yuan or its equivalent in a freely convertible currency;
2. Continuous profit in the last 2 years;
3. The recent 1 end-of-year net asset ratio is not less than 30%;
4. The sales revenue of the main business accounts for more than 80% of the total operating income;
5. Good credit record;
6. 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.
(4) Other financial institutions recognized by China Banking Regulatory Commission as major investors. Article 10 The general investors of a financial leasing company shall comply with the relevant provisions of China Banking Regulatory Commission on investing in financial institutions. Investors who meet the requirements of major investors in these Measures may be general investors of financial leasing companies. Article 11 The minimum registered capital of a financial leasing company is 6,543.8 billion yuan or equivalent in freely convertible currency, and the registered capital is paid-in monetary capital.
China Banking Regulatory Commission may adjust the minimum registered capital of a financial leasing company according to the needs of the development of the financial leasing industry. Article 12 The establishment of a financial leasing company shall go through two stages: preparation and opening. The preparation and opening materials submitted by the applicant shall be subject to the Chinese version. The data acceptance and approval procedures shall be implemented in accordance with the Provisions of China Banking Regulatory Commission on the Implementation of Administrative Licensing Matters.