Article 6 Sources of guarantee funds:
(1) State-owned and collective funds;
(2) private funds;
(3) Other funds allowed to enter the guarantee industry by national laws and regulations.
Article 7 The conditions for applying for a guarantee company are as follows:
(1) The registered capital is not less than 3 million yuan, the legal person shares are not less than 7% of the registered capital, and the maximum contribution of each shareholder is not more than 3% of the registered capital;
the registered capital is the paid-in monetary capital of shareholders, excluding the capital contributed at a fixed price by physical objects, industrial property rights, non-patented technologies and land use rights.
(2) There are not less than four corporate shareholders, and the total assets of corporate shareholders are not less than 1 million yuan, and the net assets are not less than 5 million yuan;
(3) having a business place of not less than 1 square meters;
(4) There are more than 4 employees with intermediate or senior titles in law, economics, accounting and finance and a bachelor's degree, and not less than 5% of the employees of the company;
(5) Having articles of association that comply with laws and regulations;
(6) It meets the general requirements of the state, province and city for overall planning and rational layout of guarantee companies.
article 8 the establishment of a guarantee company shall be approved by the municipal economic and trade commission and registered with the administrative department for industry and commerce according to law.
The approved guarantee companies shall be announced to the public by the Municipal Economic and Trade Commission in the news media.
if it needs the approval of the superior economic and trade department, it shall be reviewed and reported by the municipal economic and trade commission.
Article 9 To establish a guarantee company, the applicant shall submit the following materials:
(1) A report on the request for instructions for establishment (which shall specify the name, domicile, registered capital, shareholders and capital contribution, business scope and other contents of the guarantee company to be established);
(2) feasibility analysis report;
(3) Notice of Pre-approval of Enterprise Name issued by the administrative department for industry and commerce;
(4) Articles of Association;
(5) Letter of commitment of shareholders;
(6) Brief introduction of corporate shareholders and resumes of natural person shareholders;
(7) Credit rating certificate of corporate shareholders;
(8) Resumes of the company's senior managers and professional qualification certificates;
(9) A copy of the company's corporate shareholders business license and natural person's ID card;
(1) the certificate issued by the county (district) public security bureau that the legal representative, natural person and senior manager of corporate shareholders have no intentional crime;
(11) power of attorney of the agent;
(12) proof of the property right or the right to use the business premises that meets the requirements;
(13) A capital verification report issued by a qualified accounting firm designated by the Municipal Economic and Trade Commission
and a certificate that the verified funds are locked.
(14) corporate shareholders's audit report for the latest year;
(15) proof of shareholders' capital contribution ability;
(16) the cooperation agreement or certificate of the cooperative bank;
(XVII) Guarantee business rules and internal management system.
article 1 basic contents of the feasibility analysis report:
(1) general situation of the project of the proposed guarantee company
(2) basic information of shareholders and senior managers
(1) capital contribution and profile of shareholders
(2) resume and professional level of senior managers
(3) business contents and methods
(4) market demand analysis. Industry
(4) Development trends at home and abroad
(5) Countermeasures to control and prevent risks
(1) Risk analysis
(2) Control and prevention measures
(6) Analysis of economic and social benefits
(7) Feasibility conclusion
Article 11 A guarantee company may set up branches in this Municipality. A branch of a guarantee company does not have the status of a legal person, and its civil liability shall be borne by the guarantee company that established the branch.
the establishment of a branch of a foreign guarantee company within the jurisdiction of Linyi city shall be filed by the municipal economic and trade commission and meet the conditions stipulated in these measures.
Article 12 A guarantee company shall meet the following requirements for establishing a branch:
(1) The registered capital shall be no less than 4 million yuan;
(2) Having been engaged in guarantee business for more than two years, and making profits continuously in the last two years;
(3) It has no record of illegal operation in the last two years.
article 13 when establishing a branch, a guarantee company shall obtain the consent of the local county economic and trade department, report to the municipal economic and trade commission for approval, and go through the branch registration with the administrative department for industry and commerce.
Article 14 When establishing a branch, a guarantee company shall submit the following materials:
(1) an application for establishing a branch and a feasibility analysis report;
(2) the financial audit report of the last two years issued by an accounting firm with legal qualifications;
(3) Resumes of the senior managers of the branch to be appointed and certificates of no intentional crime;
(4) identity cards and qualification certificates of employees;
(5) the certificate issued by the county (district) public security bureau that the employees have no criminal offence;
(6) valid certification documents of the property right or the right to use the business premises that meet the requirements;
(7) Notice of Pre-approval of Enterprise Name issued by the administrative department for industry and commerce;
(8) business rules and internal management systems of branches.
Article 15 A guarantee company shall allocate working capital of not less than RMB 5 million to its single branch;
the total working capital of each branch of a guarantee company shall generally not exceed 5% of the registered capital of the guarantee company.
Article 16 The local economic and trade authorities shall supervise the local guarantee companies and perform the following supervision and management duties:
(1) Responsible for the daily business supervision of the guarantee companies;
(2) to manage and guide the industry self-regulatory organizations of guarantee companies;
(3) supervise and regulate the operation of guarantee funds;
(4) Review the annual work plan and work report of the guarantee company;
(5) to be responsible for the preliminary examination of the market access, change and withdrawal of guarantee companies.
Article 17 The Municipal Economic and Trade Commission, the downtown branch of the People's Bank of China and the Municipal Supervision Sub-bureau of the China Banking Regulatory Commission conduct daily supervision of the guarantee companies through statements, symposiums, interviews with the chairman and general manager, and conduct comprehensive inspections of the guarantee companies at the end of the year.
article 18 the municipal economic and trade commission shall make an annual review of the guarantee company based on the year-end comprehensive inspection, audit report and relevant materials, and make an announcement on the annual review.
Article 19 The Municipal Economic and Trade Commission will order the guarantee companies that refuse to accept supervision and inspection, fill in relevant materials, resort to fraud, withdraw or make false capital contributions, disturb the normal business order of the guarantee industry, etc. to make corrections and give warnings until they are ordered to quit the guarantee industry. If they violate the criminal law, their legal responsibilities will be investigated according to law.
article 2 encourages mergers and acquisitions among guarantee companies, and supports leading backbone guarantee companies to become bigger, better and stronger.
Article 21 Support guarantee companies to set up guarantee industry associations in the whole city according to law, and the Municipal Economic and Trade Commission will manage and guide them.
Chapter III Alteration and Termination
Article 22 If a guarantee company changes its organization name, domicile, branch name, domicile, legal representative and business scope, it shall report to the Municipal Economic and Trade Commission for the record; if it changes its registered capital and shareholding structure, it shall report to the Municipal Economic and Trade Commission for approval, and submit the following materials according to the contents of the change:
(1) The guarantee company requests for capital increase;
(2) comparison table of new and old shareholders;
(3) resolutions of the shareholders' meeting;
(4) share transfer agreement;
(5) Letter of commitment of shareholders;
(6) The newly-added legal representative of corporate shareholders has no certificate of criminal offence and a copy of his ID card;
(7) The newly-added natural person shareholder has no criminal proof;
(8) Add corporate shareholders investment resolution;
(9) Add the credit rating certificate of corporate shareholders;
(1) Add the latest annual financial audit report of corporate shareholders;
(11) capital verification report on newly-increased funds;
(12) valid certification documents of the property right or use right of the changed business premises;
(XIII) the audit report of the guarantee company in the latest year;
(14) proof of shareholders' capital contribution ability.
article 23 when a guarantee company changes its registered capital or adjusts its shareholder structure, newly-entered individual shareholders and proposed senior management personnel shall be subject to qualification examination; The newly-entered corporate shareholders and the newly-increased corporate shareholders should have the corresponding investment ability and qualification.
article 24 if a guarantee company and its branches fail to conduct business for more than six months without justifiable reasons from the date of issuing the business license, or suspend business for more than six months after business, the municipal economic and trade commission will automatically revoke the original batch of documents, and the original registration authority will revoke its registration and cancel its business qualification.
Article 25 A guarantee company may be dissolved under any of the following circumstances:
(1) When the business term stipulated in the articles of association of the guarantee company expires or other reasons for dissolution stipulated in the articles of association of the guarantee company arise;
(2) the shareholders' meeting resolves to dissolve;
(3) merger, division and dissolution of the guarantee company;
(4) The guarantee company is declared bankrupt according to law;
(5) The guarantee company is ordered to close down according to law.
article 26 when a guarantee company is dissolved, a liquidation group shall be established to liquidate the guarantee company in accordance with the provisions of the company law. After the liquidation, the liquidation group shall prepare a liquidation report, submit it to the shareholders' meeting or the relevant competent authority for confirmation, submit it to the guarantee company registration authority for cancellation of registration, and announce the termination of the guarantee company.