Measures for the Pilot Management of Consumer Finance Companies (20 13)

Chapter I General Provisions Article 1 In order to promote the development of consumer finance business and standardize the business activities of consumer finance companies, these Measures are formulated in accordance with the Banking Supervision Law of the People's Republic of China, the Company Law of People's Republic of China (PRC) and other laws and regulations. Article 2 The term "consumer finance company" as mentioned in these Measures refers to a non-bank financial institution established in People's Republic of China (PRC) with the approval of the China Banking Regulatory Commission, which does not absorb public deposits and provides loans for consumption to individual residents in China on the principle of small amount and dispersion. Article 3 The term "consumer loans" as mentioned in these Measures refers to the loans granted by consumer finance companies to borrowers for the purpose of consumption (excluding the purchase of houses and cars). Article 4 The name of a consumer finance company shall be marked with the words "consumer finance". Without the approval of the CBRC, no institution may use the word "consumer finance" in its name. Article 5 Banking supervision institutions shall supervise and manage consumer finance companies and their business activities according to law. Chapter II Establishment, Change and Termination Article 6 To apply for the establishment of a consumer finance company, the following conditions shall be met:

(1) Having articles of association that comply with the Company Law of People's Republic of China (PRC) and the provisions of the CBRC;

(two) there are investors who meet the prescribed conditions;

(3) Having the minimum registered capital that meets the requirements of these Measures;

(4) Having directors, senior managers and qualified employees who are familiar with consumer finance;

(5) It has established effective corporate governance, internal control and risk management systems, and has a management information system suitable for business operation;

(6) Having business premises, safety precautions and other facilities suitable for business operation;

(7) Other prudential conditions stipulated by the CBRC. Article 7 The investors of consumer finance companies shall be enterprise legal persons established in China and abroad according to law, which are divided into main investors and general investors. The main investor refers to the investor who contributes the most and whose contribution is not less than 30% of the total share capital of the proposed consumer finance company. Ordinary investors refer to investors other than major investors.

The main investors mentioned in the preceding paragraph shall be domestic and foreign financial institutions or domestic non-financial enterprises whose main business is to provide products suitable for consumer loans. Article 8 As a major investor of a consumer finance company, a financial institution shall meet the following conditions:

(1) Having more than 5 years working experience in the field of consumer finance;

(2) Its total assets at the end of the recent 65,438+0 year are not less than 60 billion yuan or its equivalent in a freely convertible currency (in terms of consolidated accounting statements);

(3) It is in good financial condition and has made continuous profits in the last two fiscal years (in terms of consolidated accounting statements);

(four) a good reputation, no major illegal business records in the last 2 years;

(5) The sources of capital for the shares are true and lawful, and the borrowed funds or funds entrusted by others shall not be used;

(6) Promise not to transfer the equity of the consumer finance company held by it within five years (unless the banking regulatory institution orders the transfer according to law), and specify it in the articles of association of the proposed company;

(7) Having a good corporate governance structure, internal control mechanism and a sound risk management system;

(eight) in line with the prudential supervision index requirements of the regulatory authorities in the country (region);

(9) An overseas financial institution has set up a representative office in China for more than 2 years, or has set up a branch office, which has fully analyzed and studied the China market, and the financial regulatory authorities in the country or region where it is located have established a good supervision and management cooperation mechanism with the CBRC;

(10) Other prudential conditions stipulated by the CBRC.

Financial institutions, as general investors of consumer finance companies, should not only meet the conditions specified in Items (3), (4), (5), (6), (7), (8) and (9), but also have a registered capital of not less than 300 million yuan or the equivalent in freely convertible currencies. Article 9 As a major investor of a consumer finance company, a non-financial enterprise shall meet the following conditions:

(1) Its operating income in the last 65,438+0 years is not less than 30 billion yuan or its equivalent in a freely convertible currency (according to the consolidated accounting statements);

(2) The net assets at the end of the latest 1 year are not less than 30% of the total assets (in terms of consolidated accounting statements);

(3) It is in good financial condition and has made continuous profits in the last two fiscal years (in terms of consolidated accounting statements);

(four) a good reputation, no major illegal business records in the last 2 years;

(5) The sources of capital for the shares are true and lawful, and the borrowed funds or funds entrusted by others shall not be used;

(6) Promise not to transfer the equity of the consumer finance company held by it within five years (unless the banking regulatory institution orders the transfer according to law), and specify it in the articles of association of the proposed company;

(7) Other prudential conditions stipulated by the CBRC.

Non-financial enterprises, as general investors of consumer finance companies, shall meet the conditions specified in Items (2), (3), (4), (5) and (6). Article 10 Major investors of a consumer finance company may stipulate in the articles of association of the consumer finance company to provide liquidity support when the consumer finance company encounters payment difficulties; When the loss caused by business failure erodes capital, capital will be replenished in time.