1. Self-signed domestic insurance and foreign loan contracts. The guarantor may sign domestic insurance and foreign loan contracts by himself on the premise of observing national laws and regulations, regulations of the competent authorities of the industry and foreign exchange management regulations.
2. Guarantee registration:
(1) The guarantor is a bank: the guarantor submits data related to domestic insurance and overseas loans to the capital account information system of the foreign exchange bureau through data interface procedures or other means.
(2) The guarantor is a non-bank financial institution or enterprise: within 15 working days after signing the guarantee contract, go to the local foreign exchange bureau to register the domestic insurance and foreign loans. The following materials shall be provided at the time of registration: a written application report for the registration of domestic insurance and foreign loans (including the basic information of the company, the balance of various cross-border guarantees that have been handled but not settled, the main points of this guarantee transaction, the expected source of repayment funds, and other matters that need to be explained. * * * If there is a guarantor, it shall be stated in the application report); Guarantee contract and main debt contract under guarantee (if there are many contract texts, provide concise terms and contract seal; If the contract is in a foreign language, a Chinese translation must be provided and stamped); Relevant certification materials that the foreign exchange bureau considers necessary to supplement according to these provisions (such as the approval documents of the National Development and Reform Commission and the commercial department for overseas investment projects, and the change materials that need to be provided when handling the change registration, etc. ).
note:
(1) As a guarantor, domestic individuals can refer to domestic non-bank institutions to handle domestic insurance and overseas loans.
(2) If the main terms of the guarantee contract or the debt contract under the guarantee are changed (including the extension of the debt contract, the amount of debt or guarantee, the term of debt or guarantee, creditors, etc.). ), go through the registration formalities for the change of domestic insurance and foreign loans within 15 working days. Change registration information is as above.
3. Review:
(1) The foreign exchange bureau shall, according to the principle of truthfulness and compliance, conduct a procedural review of the application for registration of the guarantor of non-bank institutions, and handle the registration procedures for them.
(2) If the foreign exchange bureau has doubts about the authenticity, commercial rationality, compliance and performance tendency of the guarantee contract, it has the right to ask the guarantor to make a written explanation. According to reasonable commercial standards and relevant laws and regulations, if the foreign exchange bureau considers that the guarantor's explanation is obviously invalid, it may decide not to accept the registration application and explain the reasons to the applicant in writing.
(3) If the guarantor fails to go to the foreign exchange bureau for guarantee registration within the prescribed time limit, and can explain the reasonable reasons, and the guarantor has not shown the intention to fulfill the guarantee when applying for registration, the foreign exchange bureau may handle supplementary registration for him according to normal procedures; If no reasonable reason can be explained, the foreign exchange bureau may handle the guarantee registration in time and hand it over to the foreign exchange inspection department before going through the supplementary registration formalities. If there are multiple domestic guarantors under the same domestic insurance and foreign loan business, it may be agreed that one of the guarantors shall go through the registration formalities at the local foreign exchange bureau. The foreign exchange bureau shall indicate other guarantors in the remarks column when handling the registration of domestic insurance and foreign loans.
The above contents are for your reference. Please refer to the actual business regulations.
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