State Council issued [20 16] No.21
People's governments of all provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions and institutions directly under the State Council:
"Internet financial hidden danger project" is still the State Council's intention, which is hereby printed and distributed to you. Please execute it carefully.
the General Office of the State Council
20 16 April 12
Implementation Scheme of Internet Financial Hidden Danger Blogging Service Name
The typical prosperity of internet finance is the key way for the country to accelerate innovation, start the prosperity strategy and stimulate the transformation and upgrading of the economic structure. It is of great significance to popularize the inclusiveness of financial services in the two countries and encourage the public to start businesses and innovate. With the consent of the CPC Central Committee and the State Council, from 2065438 to July 2005, the People's Bank of China and other ten departments issued the Guiding Opinions on Prospering Internet Finance (hereinafter referred to as the Guiding Opinions); Relevant departments started their work on time, and smashed and dealt with a number of illegal Internet financial harm cases with large amount, wide spread and great social harm, and the social response was outstanding. In order to implement the absolute resettlement of the CPC Central Committee and the State Council, encourage and maintain the innovation of Internet finance at real prices, sort out illegal acts, truly prevent harm, create a long-term imprisonment system, and encourage the orderly prosperity of Internet finance, this plan is specially formulated.
First, the purpose and principle of doing things
(1) The purpose of doing things.
Downgrading the Guiding Opinions requires typifying various Internet financial formats, optimizing the competitive situation in shopping malls, changing the occasions when some Internet financial formats have just deviated from the goal of precise innovation, curbing the high-frequency trend of Internet financial injury cases, popularizing investors' awareness of danger prevention, creating and perfecting a long-term imprisonment system that conforms to the characteristics of Internet financial prosperity, combining prosperity with innovation, stimulating the prosperity of Internet finance, and truly demonstrating the positive efficiency of Internet finance in helping people start businesses and innovate.
(2) Rules of procedure.
It is illegal to hit people, and the maintenance is justified. Clarify the illegal, legal and illegal boundaries of all transactions, and keep the micro-risk bottom line of laws and regulations. Maintain and help legal and compliant behaviors, and give brittle blows to illegal and illegal behaviors.
Appropriate initiative, orderly bridge. Do things step by step, study skills and methods, focus on the scope without * * * *, highlight problems, and make classified policies. According to the severity of violations of laws and regulations and the degree of social public hazards, we should distinguish and evaluate the hazards to be done and done well, handle the hazards in an orderly and orderly manner, and beware of handling the hazards. * * * There is no difference when maintaining fair and just development and consolidation.
Go it alone and strengthen coordination. For some of the work, the Guiding Opinions clearly stated that going it alone was required by the original plan and adopted? Penetration? Imprisonment skills, clear burden according to the nature of the transaction. Maintain topic orientation, jointly develop and sort out the important harm scope of temporary internet finance, and effectively sort out all kinds of violations of laws and regulations. We will discuss the financial impact characteristics of the Internet, consolidate cross-departmental and cross-regional coordination, accept sorting work, and downgrade the sorting burden.
From a distance to a distance, change as a whole. Living in a temporary place, we really need to guard against the harm of bridging the financial scope of the Internet, which has a strong deterrent effect on illegal activities. Focus deeply, take the opportunity of sorting out blog entries, summarize and refine body odor on time, produce institutional rules, and create a long-term system of healthy Internet financial imprisonment.
The second is to pay attention to sorting out topics and handling appeals.
(1) P2P collective loans and equity crowdfunding transactions.
65438+
2. The equity crowdfunding platform has no ridiculous goals, no self-financing, no? Bright stocks and bonds? Or raise funds in disguised form, we should strengthen the burden of news disclosure and shareholders' rights protection demands for financiers and equity crowdfunding platforms, and we must not hold absurd reports and misleading communication.
3.P2P collection and lending platforms and equity crowdfunding platforms shall not engage in financial transactions such as property disposal, transfer of creditor's rights or equity, and allocation of funds in high-risk securities markets without acceptance. The customer funds of P2P collective lending platform and equity crowdfunding platform are taken out from the disposal of their own funds in separate accounts. According to Boye's operating principle, the demand for third-party depository of client funds has been seriously downgraded, and banking financial institutions with suitable preconditions have been adopted as depository institutions to maintain the stability of client funds without calling or occupying client funds.
4. Real estate inspiration enterprises, real estate intermediaries and internet financial institutions have not acquired the nature of relational finance, and have not used P2P loan collection platform and equity crowdfunding platform to engage in real estate financial transactions; Those who have obtained the nature of relationship finance have no right to conduct real estate financial relationship transactions in violation of regulations. Enterprises engaged in real estate financial transactions should follow the macro-control strategy and the relationship rules of real estate financial disposal. Typical internet? Crowdfunding to buy a house? And other actions, it is strictly forbidden to do everything possible to develop institutions? Down payment? The essence of trading.
(two) to carry out property disposal and cross-border financial transactions through the Internet.
1. Internet companies have not acquired the nature of relational financial transactions, and there is no need to rely on the Internet to develop reciprocal transactions. The nature of the development transaction should be suitable for the nature of the acquired transaction. Internet companies and conservative financial companies compete at the same level, and the code of conduct and imprisonment requirements are still universal. Adoption? Penetration? Imprisonment skills, identifying transaction attributes according to the nature of the transaction.
2. Without the acceptance of relevant parts, it is not allowed to sell a variety of financial products issued by private placement to the public through outsourcing or splitting. Adoption? Penetration? Imprisonment skills, according to the substantive attributes of the transaction to implement the corresponding imprisonment rules. When selling wealth management products, we must strictly implement the investor compliance system, disclose information and remind the hazards, and we must not sell products to customers who have no ability to accept hazards.
3. Financial institutions don't have to rely on the Internet to develop property disposal transactions, but hide their imprisonment demands through the nesting of various property disposal products. It is necessary to sum up the sources of funds and adopt the news of the process that was finally thrown to the central government. Penetration? Imprisonment skills, through the appearance of the transaction to determine the substantive attributes, imprisonment work and the action standards to be followed in obtaining imprisonment claims.
4.*** If a group wins the nature of many financial transactions, it does not have to violate the typical relationship transactions such as closed transactions. According to the general imprisonment criteria of conservative financial enterprises, call for group creation? Firewall? The railway system, imprisoned according to the rules of closed transactions, should really guard against harmful fork pollution.
(3) Third-party payment transactions.
1. Non-bank payment institutions have no right to call or occupy the customer reserve fund, and the customer reserve fund account should be opened in the People's Bank of China or a trading bank suitable for appeal. The People's Bank of China or the trading bank has not paid the capital to the reserve account of non-bank institutions, so beware of paying to the institutions. Eat smear? As an important form of profit, we should straighten out the incentive system for the prosperity of payment institutions and encourage non-bank payment institutions to return to the plan of providing small services and getting quick results, that is, small people and small businesses.
2. Non-bank payment institutions have been unable to develop cross-bank consolidated transactions in disguise through a number of banks. Inter-bank payment transactions conducted by non-bank payment institutions should be held through the inter-bank arrangement style of Volkswagen Bank or an arrangement institution with legal nature.
3. Institutions that carry out payment transactions should win the nature of the transaction according to regulations, and do not need to prepare payment transactions without a license, and carry out transactions such as merchant fund settlement, partial POS payment, multi-purpose prepaid card issuance, and payment collection.
(4) Propagandizing the scope of Internet finance.
Dissemination behaviors such as Internet financial disclosure should be compliant, true and accurate, and there is no need to improperly disseminate financial products and transactions. Employees who have not obtained the nature of related financial transactions have no right to spread financial transactions or company information. Those who win the nature of relationship transactions should conform to the rules of relationship laws and regulations, and those whose rights need to be partially promised should conform to the essence of commitments, and misleading, absurd and illegal dissemination is not allowed. 1 2 3 Stop one page and check the original page Qi.