Article 28 Upon approval, a pawn company may engage in the following businesses:
(1) Chattel pawn business;
(2) Property right pawn business;
(3) Real estate pawn business;
(4) Goods restricted for sale;
(five) identification, evaluation, storage and consulting services;
(6) Other businesses approved according to law.
Article 29 Pawnshops are prohibited from engaging in the following businesses:
(1) Absorbing deposits or absorbing deposits in disguised form;
(two) illegal fund-raising for the public.
(3) Issuing credit loans;
Article 30 A pawn company shall not commit any of the following acts:
(1) Borrowing from financial institutions, units and individuals other than shareholders;
(2) Loans from financial institutions exceed the prescribed limit;
(3) Engaging in equity investment outside the pawn industry.
Article 31 A pawn company shall not accept the following properties:
(1) Property that has been sealed up, detained or taken other preservation measures according to law;
(2) Stolen goods and articles of unknown origin;
(3) Flammable, explosive, toxic and radioactive articles and their containers;
(four) control knives, guns, ammunition, military and police signs, standard clothing and equipment;
(five) official documents and seals of state organs and the property under their management;
(six) certificates and valid identity documents issued by state organs except professional title certificates;
(seven) when the household has no ownership or fails to obtain the right to dispose of property according to law;
(eight) the laws, regulations and relevant provisions of the state prohibit the circulation of natural resources or other property.
Article 32 A pawnshop shall obtain the approval of the relevant departments before accepting goods exclusively or exclusively sold by the state.
Chapter V Pawn
Article 33 A pawn ticket is a loan contract between a pawn company and a pawn shop, and it is a payment voucher for the pawn company to pay the pawn shop.
Where a pawn company and a pawn shop make an agreement on matters other than pawn tickets, a written contract shall be concluded, but the agreed contents shall not violate the provisions of relevant laws, regulations and these Regulations.
Article 34 A pawn ticket shall record the following items:
(1) The name and domicile of the pawn company;
(2) Name, domicile, valid certificate (photo) and account name;
(3) Name, quantity, quality and condition of the mortgaged property;
(4) Valuation amount and monetary amount;
(5) Interest rate and comprehensive interest rate;
(6) Date of collection, duration of pawn and duration of renewal;
(7) Notice to Tenants.
Article 35 Pawnshops and pawnbrokers shall not transfer, lend or pledge pawnbrokers to third parties.
Article 36 Pawning enterprises and pawnbrokers shall truly record and properly keep pawnbrokers.
If the pawn ticket is lost, the pawnshop shall report the loss to the pawn company in time. If the pawn company is redeemed by others before reporting the loss or before reporting the loss, it shall not be liable for compensation, and the pawn company is not at fault.
Chapter VI Operating Procedures
Article 37 When handling redemption, the pawnshop shall show its valid identity certificate. For households, the handling personnel shall issue the unit certificate and the valid identity certificate of the handler; Where a pawn is entrusted, the client shall issue a pawn power of attorney and valid identity documents of himself and the client.
In addition to the documents listed in the preceding paragraph, the pawnshop shall truthfully provide the pawnbroker's source and relevant certification materials to the pawnshop when delivering. When redeeming, the pawnshop shall present the pawn ticket.
The pawn company shall examine the relevant certificates issued by the pawn shop.
Article 38 The valuation amount, conversion ratio and pawn amount shall be determined by both parties through consultation.
If no consensus can be reached on the amount of real estate appraisal, both parties may entrust a qualified real estate price appraisal agency for appraisal.
The time limit for pawning shall be agreed by both parties, and the maximum time limit for pawning movable property and property rights shall not exceed 6 months. The longest term of real estate pawn shall not exceed 1 year.
Article 39 The pawn interest rate shall be determined according to the one-year statutory loan interest rate of banking institutions and the pawn period announced by the People's Bank of China.
The interest on the pawn shall not be withheld.
Article 40 The comprehensive expenses of pawn include various service expenses and management expenses such as appraisal, evaluation, storage, production cost and handling fee.
The monthly comprehensive rate of chattel pawn shall not exceed 42‰ of the pawn amount.
The comprehensive monthly interest rate of real estate pawn shall not exceed 27‰.
The monthly comprehensive rate of property right pawn shall not exceed 24‰ of the pawn money.
If the current period is less than 5 days, the relevant fees will be charged for 5 days.
Article 41 The first pawn can be renewed with the consent of both parties within 5 days after the expiration of the first pawn period, and the maximum duration of renewal is 6 months. The renewal period is calculated from the date when the first pawn period or the last renewal period expires. At this time, the customer has to settle the previous interest and current expenses.
The pawnbroker can pay off the pawnbroker's principal, interest and comprehensive expenses at any time before the pawn period expires and redeem the pawnbroker.
Forty-second pawn period (including renewal period, the same below) expires, the pawnshop shall redeem or renew the insurance within 5 days. It is absolutely necessary if the insurance is not redeemed or renewed within the time limit.
From the date of redemption to the date when the pawnshop punishes the pawnbroker, if the pawnshop wants to redeem the pawnshop, it should pay the penalty interest in accordance with the penalty interest level of overdue loans of financial institutions stipulated by the People's Bank of China. The calculation date of paying interest, comprehensive expenses and penalty interest shall include the current five days. After the customer pays the above interest, the pawn company shall return the pawn and allow the customer to redeem it.
Pawnshops that have objections to the handling of pawnbrokers shall not only bear the interest and comprehensive expenses of pawnbrokers or supplementary contract pawnbrokers during this period, but also pay the penalty interest according to the penalty interest level of overdue loans of financial institutions stipulated by the People's Bank of China.
Article 43 A pawn company shall not lease, pledge, mortgage or use pawned goods in the current period.
If the pledged pawn is lost or damaged during the pawn period, the pawn company shall make compensation according to the estimated amount. In case of force majeure, the pawn company will not be liable for compensation.
Forty-fourth pawn companies engaged in real estate pawn business shall go through the mortgage registration formalities with the pawnshop of the real estate management department according to law, and the real estate management department and the land management department shall accept it according to law.
A pawn company engaged in motor vehicle pawn business shall go through the registration formalities with the vehicle management department of the public security organ, and the vehicle management department of the public security organ shall accept it.
Where a pawn company engages in other pawn business and the relevant laws and regulations require registration or judicial notarization, it shall go through the registration and notarization procedures according to law.
Article 45 A pawn company shall dispose of pawned goods in accordance with the following provisions:
(a) the real estate and chattel with an estimated value of more than 30,000 yuan in a pawnshop may be disposed of in accordance with the relevant provisions of the Guarantee Law of People's Republic of China (PRC), or the pawnshop may, after obtaining the consent of the pawnshop in advance, entrust an auction house for public auction. After deducting the auction fee and the principal and interest of the pawnshop, the rest will be returned to the pawnshop, and the insufficient part will be recovered from the pawnshop.
(2) A pawnshop may sell or sell at a discount the chattels with an estimated value of less than 30,000 yuan in the pawnshop, and the pawnshop may bear its own losses.
(three) the state shall, in accordance with the provisions of relevant laws and regulations, report to the relevant administrative departments for approval before handling or selling them to designated units.
(4) When a pawn company sets up a point of sale of franchised goods outside its business premises, it shall report to the provincial competent commerce department for the record and consciously accept the supervision and inspection of the local competent commerce department.
(5) When the pawnbroker disposes of the shares of the listed company in the pawned goods, it shall obtain the consent and cooperation of the pawnbroker, and the pawnbroker shall not publicly sell, discount or entrust an auction house to auction the shares of the listed company in the pawned goods.
Article 46 The assets of a pawn company shall be managed according to the following proportions:
(1) The quarter-end and year-end balance of loans made by a pawn company to financial institutions shall not exceed twice the registered capital of the current period;
(2) The pawn balance of a pawn company to the same legal person or natural person shall not exceed 25% of the registered capital.
(3) The pawn balance of a pawn company to a shareholder shall not exceed the amount of shares invested by the shareholder, and the pawn conditions shall not be superior to those of ordinary pawn shops.
(4) The balance of the property rights of the pawn company shall not exceed 50% of the registered capital. The balance of real estate pawn shall not exceed the registered capital. If the registered capital is less than 6,543,800 yuan, the single amount of real estate pawn shall not exceed 6,543,800 yuan. If the registered capital is more than 6.5438+million yuan, the single amount of real estate pawn shall not exceed 654.38+00% of the registered capital.
Article 47 A pawn company shall establish and improve its financial accounting system and internal audit system in accordance with the law and the pawn accounting system uniformly promulgated by the state.
Pawn companies shall, in accordance with the relevant provisions of the state, truly record and comprehensively reflect their business activities and financial status, prepare monthly, quarterly statements and annual financial and accounting reports, and submit them to the local provincial-level commercial authorities and municipal-level commercial authorities on a regular basis as required.
The annual financial and accounting report of a pawn company shall be audited by an accounting firm or other legal institution.
Chapter VII Supervision and Administration
Article 48 The Ministry of Commerce shall exercise unified management over the pawnbroking industry and perform the following supervision and management duties:
(1) Formulating relevant rules and implementing rules;
(two) to be responsible for the market access and exit management of pawn companies;
(three) responsible for the daily business supervision of the pawn company;
(four) to provide business guidance to the self-regulatory organizations in the pawn industry.
Article 49 The Ministry of Commerce shall regulate and control the total amount, layout and capital scale of pawn companies nationwide with reference to the annual development plan formulated by the provincial commerce authorities.
Article 50 The Pawn Business License shall be uniformly printed by the Ministry of Commerce. The "Pawn Business License" shall be subject to unified coding management, and the coding management measures shall be formulated separately by the Ministry of Commerce.
The pawn ticket is designed by the Ministry of Commerce and supervised by the provincial commerce department. The provincial commerce department shall report the printing and use of pawn tickets to the Ministry of Commerce every six months. No unit or individual may forge or alter a pawn ticket.
Article 51 The provincial commerce department shall submit the operation of local pawn companies to the Ministry of Commerce on a quarterly basis. The specific requirements and report format shall be stipulated separately by the Ministry of Commerce.
Article 52 The employees of a pawn company shall hold valid identity documents; Foreigners and other overseas personnel who are employed in a pawn company shall obtain a foreigner employment permit certificate in accordance with the relevant provisions of the state.
Pawn companies shall not employ persons who cannot provide the certificates listed in the preceding paragraph.
Article 53 A pawn company shall establish and improve the following safety systems:
(a) Check the system for receiving, updating and redeeming documents (photos);
(2) pawn inspection and storage system;
(3) The wanted investigation and verification system;
(4) Suspicious reporting system;
(five) equipped with security personnel system.
Article 54 A pawn company shall truthfully record and count the information of the pawned property and pawnbroker, and submit it to the public security organ of the local people's government at or above the county level for reference.
Article 55 When a pawn company discovers the persons or articles involved in the investigation notified by the public security organ and other properties listed in Article 31 of these Regulations, it shall immediately report the relevant information to the public security organ.
Article 56 If there is no fault in the pawning procedures of the pawnbroker, the original owner shall pay the pawnbroker's principal, and the pawnbroker shall return the pawnbroker's pawnbroker's interest-free and comprehensive fees to the original owner. If the pawn company is at fault, the public security organ shall seal it up on the spot and handle it according to legal procedures. If a pawn company maliciously collects stolen goods, it shall be dismantled and detained by the public security organ and handled in accordance with relevant state regulations.
Fifty-seventh provincial commercial departments and municipal (prefecture) commercial departments shall, in light of local conditions, establish a system of regular inspections and irregular spot checks to find and deal with related problems in a timely manner; In the case of theft, fire, fund-raising and custody, and major litigation-related cases of pawn companies within their jurisdiction, the relevant information should be reported to the superior competent commercial department and the local people's government within 24 hours, and the public security organ of the people's government at the same level should be notified.
Article 58 The National Pawn Industry Association is a national self-regulatory organization of the pawn industry, and the competent business department is the Ministry of Commerce. It was established with the approval of the Ministry of Commerce and the approval of the Ministry of Civil Affairs.
The National Pawn Industry Association is a bridge and link between the government and enterprises. Responsible for strengthening the self-discipline of the pawn industry, safeguarding the legitimate rights and interests of the industry, holding pawn qualification training and completing other tasks entrusted by the government.
The local pawn industry association is a self-regulatory organization of the local pawn industry. It was established after being approved and registered by the local civil affairs department, and accepted the business guidance of the local competent commercial department.
Article 59 The provincial commerce department is responsible for the annual inspection and management of pawn companies, and the specific measures shall be formulated separately by the Ministry of Commerce.
The provincial commerce department shall notify the public security organ and the administrative department for industry and commerce of the people's government at the same level within 10 days after the end of the annual examination.
Article 60 The State practices a system of certification of pawn practice level. The specific measures shall be jointly formulated by the Ministry of Commerce and the Ministry of Personnel.
Chapter VIII Punishment Rules
Article 61 Anyone who illegally establishes pawn companies and branches or engages in pawn business by other means shall be punished in accordance with the Measures of the State Council Municipality on Investigating and Banning Unlicensed Business.
Article 62 If a pawn company violates the provisions of Article 29 of these regulations and constitutes a crime, it shall be investigated for criminal responsibility according to law.
Article 63 If a pawn company violates the provisions of Item (1) and Item (2) of Article 30 or Item (1), Item (2) and Item (4) of Article 46 of these Regulations, it shall be ordered by the provincial commerce department to make corrections and be fined between 5,000 yuan and 30,000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 64 If a pawn company violates the provisions of the first paragraph of Article 39 or the second, third and fourth paragraphs of Article 40 of these regulations, the provincial commerce department shall order it to make corrections and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 65 If a pawn company violates the provisions of Article 47 of these Regulations, conceals the real business situation, provides false financial accounting reports and financial statements, or evades taxation and supervision by other means, the provincial commerce department shall order it to make corrections, and notify the relevant departments to investigate and deal with it according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 66 If a pawn company violates the provisions of Article 31 of these regulations, the public security organ of the people's government at or above the county level shall order it to make corrections and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 67 Where a pawn company violates the provisions of Item (3) of Article 30 of these Regulations, the local municipal (prefecture) level commerce department shall order it to make corrections and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan.
If a pawn company violates the provisions of Item (3), Item (5) of Article 32 or Article 45 of this Ordinance by collecting goods with restricted circulation or disposing of pawned goods without obtaining the corresponding approval or consent, the local municipal (prefectural) commerce department shall order it to make corrections and impose a fine of 1000 yuan to 5000 yuan.
Where a pawn company violates the provisions of Item (3) of Article 46 of these regulations, the local municipal (prefectural) commerce department shall order it to make corrections and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan.
Article 68 If a pawn company violates the third paragraph of Article 37 or the provisions of Article 54 of these regulations, the public security organ of the people's government at or above the county level shall order it to make corrections and impose a fine of 65,438 yuan or more from 200 yuan.
Article 69 Where a pawn company violates the provisions of Articles 55 and 56 (2) and (3) of these Regulations, the public security organ of the people's government at or above the county level shall order it to make corrections and impose a fine of more than 2,000 yuan and less than 6,000 yuan; Causing serious consequences or incorrigible, punishable by a fine of 5000 yuan to 30000 yuan. If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 70 If a pawn company violates the provisions of Item (4) of Article 30 of these Regulations and constitutes a violation of public security administration, the public security organ shall impose administrative penalties on public security according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 71 In the process of investigating and dealing with illegal and criminal acts of pawn companies, the competent commercial departments and public security organs shall cooperate with each other. The competent commercial department and the public security organ shall investigate and verify the pawnbroker's acts in violation of these regulations, and inform each other of the investigation results; If it is suspected to constitute a crime, the competent commercial department shall promptly transfer it to the public security organ for handling.
Article 72 If the staff of the competent commerce department and the public security organ violate laws, regulations and the provisions of these Regulations in the examination and approval of the establishment, alteration and termination of the pawn company, or abuse their powers, engage in malpractices for selfish ends or neglect their duties in the supervision and management work, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.