The term "financing guarantee company" as mentioned in these Detailed Rules refers to limited liability companies and joint stock limited companies established according to law and engaged in financing guarantee business; Branches of financing guarantee companies refer to branches established by financing guarantee companies according to law, including branches established by financing guarantee companies outside the province in our province according to law; A provincial financing guarantee company refers to a financing guarantee company established and controlled by relevant provincial departments or provincial enterprises according to law. Article 3 A financing guarantee company shall take safety, liquidity and profitability as its operating principles, and establish a continuous and prudent business model of market-oriented operation.
Business dealings between financing guarantee companies and customers such as enterprises and banking financial institutions shall follow the principle of honesty and trustworthiness and abide by contracts. Article 4 A financing guarantee company shall conduct business according to law and shall not be interfered by any organ, unit or individual. Article 5 When conducting business, a financing guarantee company shall abide by laws and regulations, the Interim Measures for the Administration of Financing Guarantee Companies and these Detailed Rules, and shall not harm the public interests of the state and society.
A financing guarantee company shall keep secrets for its customers, and shall not use the information provided by customers to engage in activities that have nothing to do with the guarantee business or harm the interests of customers. Article 6 A financing guarantee company shall follow the principle of fair competition and shall not engage in unfair competition. Article 7 The Financial Work Office of the People's Government of Guangdong Province (hereinafter referred to as the Provincial Financial Office) and the financial bureaus (offices) listed at the local level are the regulatory departments of financing guarantee companies in our province. Provincial Finance Office is responsible for examining and approving the establishment, alteration and termination of financing guarantee companies and their branches in the province, and undertakes the supervision and management of financing guarantee companies in the province. Provincial Finance Office is responsible for the daily supervision and risk disposal of provincial financing guarantee companies.
The local and listed people's governments are the first responsible persons for risk disposal of financing guarantee companies. Municipal Finance Bureau (Office) is specifically responsible for the preliminary examination or approval of matters related to financing guarantee companies and their branches within its jurisdiction, and undertakes the daily supervision and risk disposal of financing guarantee companies and their branches within its jurisdiction. Chapter II Establishment, Change and Termination Article 8 The establishment of financing guarantee companies and their branches shall be examined and approved by the Provincial Finance Office.
A financing guarantee company approved to be established shall be crowned with the word "financing guarantee" in the company name, and the business license shall be issued by the Provincial Finance Office, and the license shall be used to apply for registration with the administrative department for industry and commerce.
Without approval, no unit or individual may engage in financing guarantee business or use the word "financing guarantee" in its name, except as otherwise provided by laws and administrative regulations. Article 9 The establishment of a financing guarantee company shall meet the following conditions:
(1) It has articles of association that meet the requirements of the Company Law of People's Republic of China (PRC).
(2) There are shareholders who can contribute continuously.
(3) Having registered capital that meets the requirements of these Detailed Rules.
(4) Having qualified directors, supervisors, senior managers and other qualified employees.
(5) Having a sound organizational structure, internal control and risk management system.
(6) Having a business place that meets the requirements.
(seven) other prudential conditions stipulated by the Provincial Finance Office.
The qualifications of directors, supervisors, senior managers and other employees shall be implemented in accordance with the relevant provisions of the inter-ministerial joint meeting on financing guarantee business supervision. Article 10 The minimum registered capital for establishing a financing guarantee company shall be subject to regional classified management.
Guangzhou, Shenzhen, Zhuhai, Foshan, Huizhou, Dongguan, Zhongshan, Jiangmen and Zhaoqing are Class I districts, and the rest are Class II districts. The minimum registered capital of a first-level regional financing guarantee company is not less than 654.38+0 billion yuan, and the minimum registered capital of a second-level regional financing guarantee company is not less than 50 million yuan.
Registered capital is paid-in monetary capital. Article 11 To establish a financing guarantee company, the following documents and materials shall be submitted:
(1) application. It shall specify the name, domicile, registered place, registered capital and business scope of the financing guarantee company to be established.
(2) Feasibility study report. Economic and financial development of major business areas, market demand analysis, company business development strategic planning, risk control measures, economic and social benefits analysis, etc.
(3) Draft articles of association. It should include the register of shareholders, capital contribution and shareholding structure.
(4) Letter of commitment from the shareholders on the source of the share capital and the legality of the continuous investment.
(5) capital verification certificate of the shareholder's contribution.
(6) Report on the basic information of shareholders. Including the operating performance, financial status and credit standing of corporate shareholders in recent three years, as well as the sources and credit standing of natural person shareholders.
(8) Resumes and qualification certificates of the directors, supervisors and senior managers to be proposed.
(nine) proof of ownership or right to use the business premises and fire control facilities.
(10) Notice of pre-approval of enterprise name issued by the administrative department for industry and commerce.
(eleven) other documents and materials required by the Provincial Finance Office.