The notice pointed out that the balance of funds incorporated by microfinance companies through non-standardized financing forms such as bank loans and shareholder loans shall not exceed 1 times of their net assets; Through the issuance of bonds, asset securitization products and other standardized forms of creditor's rights assets, the balance of the incorporated funds shall not exceed 4 times of its net assets. According to the regulatory needs, the local financial regulatory authorities may lower the highest proportion of the above-mentioned external financing balance to the net assets.
The following is the full text:
Provinces (autonomous regions, municipalities directly under the Central Government and cities under separate state planning) and local financial supervision and administration bureaus of Xinjiang Production and Construction Corps:
In order to further strengthen supervision and management, standardize business practices, prevent and resolve risks, and promote the healthy development of microfinance companies, relevant matters are hereby notified as follows:
First, standardize business operations and improve service capabilities.
(1) Improve financial services. Microfinance companies should conduct business according to laws and regulations, improve the service level for key customers in inclusive finance, such as small and micro enterprises, farmers and urban low-income people, practice the inclusive finance concept, and support the development of the real economy.
(2) Stick to the main business of lending. Small loan companies should mainly engage in lending business. Small loan companies with good management, strong risk control ability and good supervision and evaluation may, with the approval of the local financial supervision department, carry out the business of issuing bonds, issuing asset securitization products based on the loans issued by the company, and borrowing by shareholders according to law.
(3) Appropriate external financing. The balance of a microfinance company's capital through non-standardized financing forms such as bank loans and shareholder loans shall not exceed 65,438+0 times of its net assets; Through the issuance of bonds, asset securitization products and other standardized forms of creditor's rights assets, the balance of the incorporated funds shall not exceed 4 times of its net assets. According to the regulatory needs, the local financial regulatory authorities may lower the highest proportion of the above-mentioned external financing balance to the net assets.
(4) Adhere to small-scale dispersion. Small loan companies should follow the principle of small amount and dispersion, and reasonably determine the loan amount and term according to the borrower's income level, overall liabilities, asset status, actual demand and other factors, so that the borrower's repayment amount does not exceed its repayment ability. The loan balance of a microfinance company to the same borrower shall not exceed10% of the net assets of the microfinance company; The balance of loans to the same borrower and its related parties shall not exceed 15% of the net assets of the microfinance company. The local financial supervision department may reduce the above-mentioned maximum loan balance according to the regulatory needs.
(5) Supervise the use of loans. The microfinance company shall clearly agree with the borrower on the purpose of the loan, and monitor the purpose of the loan according to the contract, and the purpose of the loan shall comply with laws and regulations, national macro-control and industrial policies. Loans from microfinance companies shall not be used for the following matters: investment in stocks, financial derivatives, etc.; Illegal financing in the real estate market; Other purposes prohibited by laws and regulations, China Banking Regulatory Commission and local financial supervision departments.
(6) Pay attention to serving the local area. In principle, a small loan company shall conduct business within the county-level administrative region where the company is domiciled. For small loan companies with good management, strong risk control ability and good supervision and evaluation, with the consent of the local financial supervision department, the restrictions on business areas may be relaxed, but they shall not exceed the provincial administrative area where the company is domiciled. Unless otherwise stipulated in the network microfinance business.
(7) Reasonably determine the interest rate. Small loan companies may not deduct interest, handling fees, management fees, deposits, etc. Advance payment from the loan principal. If the loan is deducted in advance in violation of regulations, the loan shall be repaid and the interest rate shall be calculated according to the actual loan amount after deduction. Encourage small loan companies to lower the loan interest rate and reduce the financing cost of the real economy.
(8) Strictly observe the bottom line. Small loan companies shall not commit the following acts: absorbing or absorbing public deposits in disguised form; Selling or transferring credit assets other than the company's non-performing credit assets through Internet platforms or various local trading places; Acting as an agent to issue or sell asset management products such as wealth management and trust plans; Other acts prohibited by laws and regulations, China Banking Regulatory Commission and local financial supervision departments.
Second, improve management and promote healthy development.
(9) Strengthen fund management. Small loan companies should strengthen the management of funds and implement special account management of borrowed funds (including self-owned funds and externally integrated funds). All funds must enter the loan account before lending. Borrowing accounts should have the ability to support the deposit and withdrawal of microfinance business, and should be reported to the local financial supervision department, and regularly provide the loan account operation report and the loan account capital flow schedule issued by the bank. Local financial regulatory authorities may limit the number of special loan accounts according to regulatory needs.
(10) Improve the management system. A small loan company shall, in accordance with the principle of prudent operation, formulate an operating system that conforms to the company's business characteristics, including the "three investigations" of loans, the separation of loans and trials, and the loan risk classification system. Loan risks should be classified into five categories: normal, concerned, secondary, suspicious and loss, and the latter three categories are collectively referred to as non-performing loans.
(eleven) standardize debt collection. Small loan companies should standardize the procedures and methods of debt collection in accordance with laws and regulations and the requirements of local financial supervision departments. Microfinance companies and the third-party collection agencies entrusted by them shall not use violence or threat of violence, intentionally harm others' health, infringe personal freedom, illegally occupy the property of the person being collected, interfere with the normal life of others by insulting, slandering or harassing, or spread others' privacy to collect debts in violation of regulations.
(12) Strengthen information disclosure. Small loan companies should fully fulfill their obligation to inform, so that borrowers can clearly understand the loan amount, term, interest rate, repayment methods and other contents. The microfinance company shall inform the borrower of the amount, time, method of repayment of principal and interest and the responsibility for overdue repayment within a reasonable time before the debt expires.
(13) Save customer information. Small loan companies shall properly keep customer information obtained according to law, and shall not collect, store or use customer information without authorization, or illegally buy, sell or disclose customer information.
(fourteen) actively cooperate with the supervision. Small loan companies should submit data information, business reports, financial reports and other materials according to regulatory requirements; Cooperate with the supervision and inspection carried out by local financial supervision departments according to law, provide relevant information, documents and materials, and truthfully explain major issues in business activities and risk management.
Three, strengthen supervision and management, rectify the order of the industry.
(fifteen) clear regulatory responsibilities. The people's governments of all provinces (autonomous regions and municipalities directly under the Central Government) shall be responsible for the supervision and risk disposal of small loan companies within their respective jurisdictions, which shall be implemented by the local financial supervision departments. In addition to major matters such as establishment and termination, local financial supervision departments at the provincial level may entrust local financial supervision departments at the prefecture level and county level to carry out off-site supervision, on-site inspection, investigation and punishment of illegal acts and other supervision work.
(16) Improve access management. Local financial supervision departments should strictly standardize standards and processes in accordance with existing regulations, strengthen communication and coordination with market supervision departments, strictly control the access of microfinance companies, strengthen the review of shareholders' credit level, sources of capital for shareholding, risk management and control capabilities, and promote the high-quality development of the industry; At the same time, the supervision and service will be integrated to improve the audit efficiency and reduce the burden on market players.
(seventeen) the implementation of off-site supervision. Local financial supervision departments shall strengthen off-site supervision of small loan companies, collect financial statements, business management materials, audit reports and other data information of small loan companies according to law, and regularly submit supervision data information to China Banking Regulatory Commission; Supervise, analyze and evaluate the business activities and risk status of microfinance companies.
(eighteen) to carry out on-site inspection. The local financial supervision department shall conduct on-site inspection of the microfinance company according to law, and take measures such as entering the office or business premises of the microfinance company for inspection, asking people related to the inspected items, consulting and copying documents and materials related to the inspected items, and copying relevant data of the business system, so as to deeply understand the company's operating conditions and find out illegal acts.
(nineteen) to strengthen supervision. Local financial supervision departments shall, in accordance with the existing regulations, suspend new microfinance companies from engaging in online microfinance business and other inter-provincial (autonomous regions and municipalities directly under the Central Government) business. In accordance with the "Guiding Opinions on the Pilot Transformation of Peer-to-Peer Lending Information Intermediaries into Small Loan Companies" (Renovation Office Letter [2065438+09] No.83), the qualification examination was strictly conducted, and the supervision after the event was strengthened.
(twenty) supervision team construction. Local financial supervision departments should strengthen the construction of supervision team, improve the level of supervision specialization, and equip full-time supervision personnel according to supervision requirements and responsibilities. The number and ability of full-time supervisors should match the number of supervised objects and business scale.
(twenty-one) the implementation of classified supervision. Local financial supervision departments shall establish a supervision and evaluation system for small loan companies, conduct supervision and rating according to their business scale, management level, compliance status and risk status, and implement classified supervision on small loan companies according to the rating results.
(twenty-two) increase the punishment. Small loan companies operating in violation of regulations, the relevant laws and regulations have penalties, local financial supervision departments should coordinate with relevant departments to be punished in accordance with the provisions; If the relevant laws and regulations do not stipulate punishment and fail to meet the punishment standard, the local financial supervision department can take supervision measures such as supervision talks, issuing warning letters, ordering corrections, informed criticism, recording illegal information into the illegal business behavior information database and publishing it; Anyone suspected of committing a crime shall be handed over to the public security organ for investigation.
(twenty-three) purify the industry environment. For "lost" or "empty shell" companies, local financial supervision departments should coordinate with market supervision departments to include them in the list of business anomalies, revoke their business licenses according to law, persuade them to apply for changing their business names and business scope, voluntarily cancel them, or guide them to quit the microfinance company industry by other means.
A company that meets one of the following conditions shall be identified as a "lost company": unable to get in touch; Can't find it in the company residence; Although you can contact the company staff, you don't know and you can't contact the actual controller of the company; Failing to submit data and information according to regulatory requirements for 3 consecutive months.
A company that meets one of the following conditions shall be recognized as a "shell" company: it has closed down without justifiable reasons in the last six months (it has not carried out loans and other businesses); No tax record or "zero declaration" in the past 6 months (except those who enjoy preferential tax policies of the state); There is no social security payment record in the past 6 months.
(twenty-four) to carry out risk disposal. In view of the high credit risk, serious shortage of capital and provisions, and continuous deterioration of operating conditions, local financial supervision departments shall organize risk disposal according to law.
(twenty-five) to withdraw from the market according to law. If a small loan company is dissolved or declared bankrupt according to law, it shall be liquidated and cancelled according to law, and the liquidation process shall be supervised by the local financial supervision department. For microfinance companies with serious violations of laws and regulations, local financial supervision departments can cancel their pilot qualifications of microfinance companies according to relevant laws, regulations and regulatory provisions, and coordinate market supervision departments to change their names, business scope or revoke them.
Fourth, increase support and create a good environment.
(26) Strengthen policy support. Encourage all localities to guide and support microfinance companies to increase credit support for small and micro enterprises and "agriculture, rural areas and farmers", reduce loan costs and improve financial services through risk compensation, risk sharing and special subsidies.
(twenty-seven) bank-enterprise cooperation support. Banks can cooperate with microfinance companies according to laws and regulations, and provide financing according to the principles of equality, voluntariness, fairness, honesty and credit.
(twenty-eight) to strengthen industry self-discipline. China Association of Small Loan Companies and other industry self-regulatory organizations of small loan companies should play an active role, strengthen industry self-regulatory management, improve the quality of employees, increase industry publicity, safeguard the legitimate rights and interests of the industry, and promote the healthy development of industry norms.
If the relevant provisions before the promulgation of this notice are inconsistent with this notice, this notice shall prevail.