Article from WeChat public account:Three-fold life (ID: Ezhers), author: triple life, from the head of FIG: Oriental IC
In the past,
2019On October 23, the notice issued by the Banking Regulatory Commission clearly stipulated that the institutions that provide customer promotion, credit evaluation and other services for various lending institutions shall not provide or provide financial guarantee services in disguise without approval.
The loan lending institution cannot do the financing guarantee business, and it must be handed over to professional people.
Financing guarantee company we have said before,
So we are here today-
Financing guarantee company refers to a limited liability company or a joint stock limited company that establishes and operates a financing guarantee business according to law.
Financing guarantees probably mean this:
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The establishment of financing guarantee companies has certain conditions.
1. Shareholders have a good reputation and have no major violations of laws and regulations in the past 3 years.
2. The proposed directors, supervisors and senior management personnel are familiar with the laws and regulations related to the financing guarantee business and have the necessary experience and management ability to perform their duties.
3. There are sound internal management systems such as business practices and risk control.
4. The registered capital is not less than RMB 20 million and is paid in currency capital.
Understanding, the 20 million mentioned here is required to be paid.
As a matter of fact, we currently have a registered system of registered capital, not a paid-in system.
In theory, the establishment of a company under the subscription system can indeed be “zero down payment.”
But the subscription is not to say no payment. If the company has a debt dispute or is dissolved according to law, the shareholders who have not paid the full capital need to make full payment according to the registered capital. The shareholders need to bear the debt of the company within the amount promised to pay. Joint responsibility.
Financing guarantee companies can set up branches across provinces, autonomous regions, and municipalities directly under the Central Government.
But the establishment of a cross-regional approval is subject to the approval of the regulatory authority of the proposed branch office. It also needs to be a “three good student”.
1. One good: the registered capital is not less than RMB 1 billion;
2. Erhao: Operating financing guarantee business for more than 3 years, and has been profitable for the last 2 fiscal years;
3. Sanhao: There have been no major violations of laws and regulations in the past 2 years.
These regulations impose higher thresholds on the establishment of branches across regions to prevent financing guarantee companies from using regulatory differences in local governments to make regulatory arbitrage.
We will focus on a few regulations:
Article 15
The balance of the guarantee liability of the financing guarantee company must not exceed 10 times its net assets.
Please note that the net assets mentioned here are10 times, not registered capital.
Net assets are the owner’s rights we have said before.
Net Assets=Assets-Liabilities
As for why not10 times out…
However, for financing guarantee companies that mainly serve small and micro enterprises and agriculture, rural areas, and farmers, the upper limit of the provisions of the preceding paragraph can be increased to 15 times.
Article 16
The ratio of the guarantee liability of the financing guarantee company to the same guaranteeee and the net assets of the financing guarantee company shall not exceed 10%.
The ratio of the guarantee liability of the same guaranteed party and its related parties to the net assets of the financing guarantee company shall not exceed 15%.
Article 17
The financing guarantee company shall not provide financing guarantee for its controlling shareholder and actual controller.
The conditions for providing financing guarantees to other related parties shall not be superior to the conditions for providing similar guarantees to non-related parties.
Article 23
The financing guarantee company may not engage in the following activities:
(1) absorbing deposits or disguising deposits in disguise;
(2) Self-operated loans or entrusted loans;
(3) Trustee investment.
Okay, let’s talk about it today.
Oh, sorry,
The next time you play, you must pay attention to the problem of balance.
Article from WeChat public account:Three-fold life (ID: Ezhers), author: triple life