(February 9, 2005 by Ministry of Commerce, Ministry of public security released 2005 of 8th as of April 1, 2005) Chapter I General provisions article standard pawn behavior, strengthen supervision and management and promote orderly development of pawnbroking, in accordance with the relevant legal provisions, these measures are formulated.
Article in the People's Republic of China set up pawnshops, engaging in pawn activities governed by this approach.
Third pawn in these measures refers to as their chattels, property rights when households when the material charge or real estate when it mortgaged to the pawn, delivering a proportional fee made when gold and pay within an agreed period when interest, when gold, redeem for repayment.
Pawn shops in these measures are established in accordance with this approach of specialized enterprise engaging in pawn activities, its organization and the Organization for the People's Republic of China relevant provisions of the companies act.
Article fourth Commerce authorities to supervise and administer the pawn, the public security organ for security management of pawn. Article fifth pawnshop shall comply with the business name registration of the name of the relevant provisions. Pawn industry shall be indicated in the name "pawn".
Any other business organizations and institutions the name shall not contain "pawn", shall not operate or disguised a pawn business.
Article sixth pawn shops engaged in business activities shall abide by the laws, rules and regulations, follow the principle of equality, voluntariness, honesty, mutual benefit. Second chapter established seventh article application established pawn line, should has following conditions: (a) has meet legal, and regulations provides of articles; (ii) has meet this approach provides of minimum limit of registered capital; (three) has meet requirements of business places and handle business required of facilities; (four) has familiar pawn business of business management personnel and the identification assessment personnel; (five) has two a above corporate shareholders, and corporate unit relative holding; (six) meet this approach Nineth article and tenth article provides of security management requirements; (seven) meet
State requirements for pawn to overall planning, rational distribution.
Article eighth pawn minimum registered capital of 3 million Yuan engaged in real estate mortgage mortgage business, minimum amount of the registered capital of 5 million Yuan; engaging in pawn business of property rights, minimum registered capital is 10 million RMB.
Pawnshop minimum registered capital shall be paid up capital for shareholders, excluding capital goods, industrial property right and non-patent technology, pricing, investment capital of the land.
Nineth pawnshop shall set up and improve the security system: (a) collect when when the clientele, the inspection of documents, renewal (as) system and (ii) when the material inspection, storage system, (iii) wanted an investigation to check system (iv) reporting system on suspicious circumstances; (v) equipped with security systems.
Tenth Article pawn line housing building and business facilities should meet national about security standard and fire management provides, has following security prevention facilities: (a) business places within set video equipment (video information at least save 2 months); (ii) business counter set protection facilities; (three) set meet security requirements of pawn items custody warehouse and safe (Cabinet, and library); (four) set alarm device; (five) doors and Windows set protection facilities; (six) equipped with necessary of fire facilities and the equipment.
11th article established pawn line, applicants should to intends set pawn line location set district of city (to) level business competent sector submitted following material: (a) established application (should contains Ming intends established pawn line of name, and residence, and registered capital, and shareholders and the funded amount, and business range, content) and the feasibility research report; (ii) pawn line articles, and funded agreement and the funded commitment book; (three) pawn line business rules, and internal management system and the security prevention measures; (four) has statutory qualification of inspection funding institutions issued of inspection funding proved;
(Five) archives where units personnel sector issued of personal shareholders, and intends any statutory representative people and other senior management personnel of resume; (six) has statutory qualification of Accountants firm issued of corporate shareholders recently financial audit report and the funded capacity proved, and corporate shareholders of Board (shareholders will) resolution and the license copy copies; (seven) meet requirements of business places of ownership or right of effective proved file; (eight) business administration organ issued of Enterprise name advance approved notice.
12th pawn shops across the province, with the following conditions (autonomous regions and municipalities) to set up branches: (a) the business mortgage business for more than three years, the registered capital of no less than 15 million Yuan, (ii) the last two years of continuous profit and (iii) the past two years, has no record of illegal operations.
Pawn branch should implement the provisions of article Nineth security system, with security facilities provided for in article tenth of this approach.
13th pawn each branch should be allocated no less than 5 million yuan in operating funds.
Total operating capital pawn offices shall not be more than pawn shops 50% of the registered capital.
14th article pawn line application established branch institutions, should to intends set branch institutions location set district of city (to) level business competent sector submitted following material: (a) established branch institutions of application report (should contains Ming intends established branch institutions of name, and residence, and head, and operating funds amounts,), and feasibility research report, and Board (shareholders will) resolution; (ii) has statutory qualification of Accountants firm issued of the pawn line recently two years of financial accounting report;
(C) the records issued by the local personnel department vitae of the principal of the Branch Office to be appointed; (d) meet the requirements of the valid proof of the right of use or ownership of the business premises; (v) provincial Commerce authorities and issued by the public security organs of the people's Governments at the county level, where no proof of illegal operations recorded during the last two years. Article 15th set up pawnshops or pawn shops applying for establishing a Branch Office applications, the city divided into districts (ground) level departments in charge of Commerce shall be reported to the provincial departments in charge of Commerce, provincial Commerce authorities will review comments and application materials are submitted to the Department of Commerce, issued by the Ministry of Commerce and the pawn business license. The provincial departments in charge of Commerce shall, upon receipt of the approval document of the Ministry of Commerce, 5th (working days, the same below) will be informed in the people's Government at the public security organs.
Provincial public security organs should will inform the Advisory is located in the 5th district of the city (to) local government public security organs. 16th article application people received pawn business license Hou, should in 10th within to location County Government police organ application pawn line special industry license, and provides following material: (a) application report; (ii) pawn business license and the copies; (three) statutory representative people, and personal shareholders and other senior management personnel of resume and the effective ID pieces copies; (four) statutory representative people, and
Personal shareholders and other senior management personnel of account location County Government police organ issued of no deliberately crime records proved; (five) pawn line business places and the custody warehouse plane figure, and structures figure; (six) video equipment, and protection facilities, and insurance box (Cabinet, and library) and the fire facilities installation, and set location distribution figure; (seven) the security defend, and fire security management system; (eight) security defend organization or security defend personnel basic situation. Article 17th people's Governments at the county public security organs should be in the 10th after accepting applications and preliminary audit results, city divided into districts () the local government public security organs for approval, city divided into districts () the local government public security organs shall review and approve completed in the 10th.
Approved, issue the special license. The city divided into districts () the level shall directly accept applications for public security organs shall review and approve completed in the 20th.
Approved, issue the special license.
The city divided into districts () the local government public security organs should be vetted and approved in the 5th after issuing the report to the provincial public security organ for the record; the provincial public security authorities should be informed at the 5th Business Department.
After applicants receive the special license shall be registered to the administrative authority for industry and commerce in the 10th, after registration, to operate. Chapter III alteration and termination article 18th pawn changes its name, registered capital (except in the more than 50 million yuan of registered capital after the change), the legal representative, in this city (, State, Union) within the scope of changing accommodation, transfer of shares (except for external transfers totaled more than 50%), it shall be approved by the provincial-leveled Commerce authorities. Provincial-leveled Commerce departments to the Ministry of Commerce in the 20th after approval for the record.
Department of Commerce in June and December each year focused on renewal of the pawn business licenses.
Pawn shops is divided or merged, cross City (, State, Union) migration accommodation, transfer of shares totaled 50% above, as well as changes in more than 50 million yuan of registered capital shall be agreed by the competent provincial Commerce Department, Ministry of Commerce approval and issue of the pawn business licenses.
Applications received after the pawn business license, in accordance with the relevant provisions of article 17th of this approach applied for renewal of special trade license and business license.
Article 19th pawn increases its registered capital shall comply with the following conditions: (a) open or a capital increase before the time in more than a year, (ii) no illegal operations records within a year. 20th pawn change or adjust the capital structure of the registered capital, new entrants to the individual shareholders and senior management officers shall be subject to the eligibility to be appointed; new institutional shareholders and capital increase in corporate investment capacity and investment shareholders shall have corresponding qualifications.
21st article no due reason not according to provides handle special industry license and the license of, or since issued license of day up no due reason over 6 months not business, or business Hou itself closed continuous up 6 months above of, provincial business competent sector, and set district of city (to) level Government police organ should respectively recovered pawn business license, and special industry license, original approved file automatically revoked.
Recovery of the pawn business shall be returned to the Ministry of Commerce.
Provincial-leveled Commerce departments recovered the pawn business license, or city divided into districts (ground) level security authorities to withdraw the special license shall be in the 10th by provincial public security authorities inform each other.
When the license was withdrawn, pawn shops to industrial and commercial administrative organs should be legally apply for cancellation of registration.
22nd pawn dissolution should apply 3 months in advance to the competent provincial Commerce Department, after approval, shall stop among the clientele and business other than absolutely when the items, and set up a group to carry out the liquidation.
Article 23rd pawn after the liquidation, the liquidation team shall make a liquidation report submitted to the provincial departments in charge of Commerce recognized by provincial competent Commerce departments to recover the pawn business license, and informed the people's Government at the public security organs in the 5th.
Provincial public security organs shall notice the original decision is set in the 5th district of the city (ground) level security authorities to withdraw the special trade license.
Pawn upon completion of the liquidation, it shall apply to industrial and commercial administrative organs for cancellation of registration.
Article 24th pawn to discontinued operations the provincial Commerce authorities should make an announcement, and report to the Department of Commerce records.
Fourth chapter business range 25th article by approved, pawn line can business following business: (a) movable pledge pawn business; (ii) property right pledge pawn business; (three) real estate (provincial, and autonomous regions, and municipalities of real estate or not made housing pre-sale license of building engineering except) mortgage pawn business; (four) limit within must Dang items of sold; (five) identification assessment and the Advisory Service; (six) commerce law approved of other pawn business.
Article 26th pawn may engage in the following businesses: (a) not inconceivable when sales and old acquisitions, consignment of the goods, (b) chattel mortgage business; (iii) funds, deposits, or deposits in disguised form; (d) issuance of credit and (v) other business without approval of the Ministry of Commerce.
27th article pawn line shall not received Dang following property: (a) law was seized, and seized or has was take other preservation measures of property; (ii) booty and source unknown of items; (three) flammable, and easy burst, and toxic, and radioactive items and container; (four) control tool, guns, and ammunition, army, and police with logo, and standard clothing and devices; (five) state documents, and seal and management of property; (six) State issued of except real right certificate yiwai of card as and the effective ID pieces;
(VII) when households don't have failed to obtain right of use or ownership of the property; (h) the laws, decrees and relevant regulations of the State's natural resources or other property is prohibited.
28th pawn may not be any of the following acts: (a) the units and individuals from outside the bank borrowings (ii) borrow from and lend to other pawn shops or disguised; (c) exceeding the prescribed limits from commercial bank loans and (iv) in overseas investment.
29th pawn shops charge when the National Commission received, exclusive, exclusive items, subject to approval by the relevant authorities.
Chapter fifth ticket 30th pawn is a pawn loan contracts with when households are pawn shops to be paid when proof of payment.
Pawnbrokers and matters other than when the ticket contract, shall conclude a written contract supplement, but breach of the relevant provisions of their laws and regulations and these regulations.
31st article ticket should contains Ming following matters: (a) pawn line institutions name and the residence; (ii) Dang households name (name), and residence (site), and effective documents (as) and the number; (three) Dang real name, and number, and quality, and status; (four) valuation amount, and Dang gold amounts; (five) interest rate, and integrated rates; (six) pawn date, and pawn period, and continued Dang period; (seven) Dang households notes.
32nd pawn and when tickets may not be transferred, lent or pledged to a third party.
Article 33rd pawn and when the establishment shall record and keep the ticket. Ticket loss when pawn loss procedures in a timely manner.
Not to handle the loss reporting procedures or the loss of clientele by others before, pawn of no-fault, pawn shops are not liable.
Chapter Sixth business rule 34th of pawnshops shall not entrust other unit and personal agent of pawn business, not to other organizations, agencies and locations business people engaging in pawn business. Article 35th when the clientele, as per household should be issued identity documents.
When the family as a unit, the person in charge shall issue a certificate and the person in charge of a valid ID; commissioned in pawn, pawn power of Attorney issued by the client should, I and a valid identity document of the applicant. Apart from the documents listed in the preceding paragraph, at that time, when families should be provided to pawn when sources and relevant supporting documents.
Redeem at that time, when families should show the ticket.
Pawnshop shall examine the when issued by the documents listed in the second paragraph of this article.
Article 36th when the valuation amount and when the amount should be determined by negotiation.
When the amount of real estate cannot reach an agreement through consultation, the parties may appoint a qualified assessment of the real estate appraisal institutions, valuation when the amount can be determined as the amount of references.
Mortgage terms agreed by both parties, and should not be longer than 6 months.
37th mortgage when interest rates, announced by the people's Bank of China Bank 6-month statutory loan interest rate and mortgage term performed after conversion.
Mortgage when interest shall be withheld.
38th pawn comprehensive fee includes a variety of services and management fees.
Pawn of movable property of the month comprehensive rate shall not exceed the allowance to 42 per thousand.
Real estate mortgage mortgage months of comprehensive rate shall not exceed the payment to 27 per thousand.
Property rights pawn months comprehensive rate shall not exceed the payment of 24 per thousand.
When less than 5th, 5th collection of charges. 39th 5th after the expiry of the loan period or pawn in the renewal by mutual consent, renewal for a maximum period of 6 months. Renewal period mortgage term or a renewal before expiration date.
Continued at that time, when families should be closed early and interest expense in the current period. 40th pawn after the expiration of the term or renewal term, when should the clientele in the 5th or renewal.
Not the clientele is not renewed when overdue, must be.
When households in mortgage term or renewal term expires to must current clientele, in addition to reimbursement when principal and interest, integration costs, should also be in accordance with the rules of provisions overdue loans from banks and other financial institutions interest levels, pawn development costs and days past due, pay interest payment and other related expenses.
41st pawnshop shall not be in the current lease, pledge, mortgage or used as objects. The pledge when the loan period or renewal period is lost or damaged, pawn of compensation shall be in accordance with the valuation amount.
In case of force majeure the pledge when damaged, pawn shops would not be liable.
42nd pawnshop business real estate mortgage mortgage business, and when the law should be given to relevant departments for mortgage registration, additional mortgages mortgage procedures.
Pawnshop pawn business operating motor vehicles, should be to the vehicle Management Department pledge registration procedures.
Pawn shops operate other pawn business, registered with the relevant laws and regulations, shall go through registration procedures. 43rd pawn should be absolutely when the items in accordance with the following provisions: (a) if the valuation amount at more than 30,000 yuan, in accordance with the People's Republic of China relevant provisions of the law dealing with or prior agreement must, when commissioned by the pawn shop auction after auction.
Auction revenue, after deducting the cost of auction and when principal and interest, the remaining parts shall be returned when the family, the shortfall when recourse.
(B) absolute if the valuation amount less than 30,000 yuan, pawnbrokers can sell or discount, profit and loss risk.
(C) the limited circulation of the State must, when, according to relevant laws and regulations, reported to relevant authorities for approval, or sell the unit.
(D) the pawn shops in the place of establishment must when point of sale should be reported to the provincial-leveled Commerce departments, and consciously accept the supervision and inspection of local commerce authorities.
(E) the pawn punishment must, when the shares of listed companies should be made when owners agreed and cooperate, pawn his own sale, discount or entrust auction houses listed in the auction must, when shares of the company. 44th pawn assets shall be managed in accordance with the following rates: (a) the pawn from the initial business to first to the provincial Commerce authorities and local competent Commerce authorities to submit annual financial reports from commercial bank loans during the period, the loan balance cannot exceed the registered capital. Pawn shops for the first time to the provincial Commerce authorities and local competent Commerce authorities submit the financial accounting reports from commercial bank loans, loans must not exceed the previous year the financial report submitted to the competent authorities in the owner's equity. Pawn shops may not from this city (, State, AU), other than commercial bank loans.
Pawnshop branch offices shall not borrow money from commercial banks.
(B) the pawn of the same legal entity or natural person's mortgage balance cannot exceed the registered capital of the 25%. (C) balance of the pawnshop pawn to its shareholders may not exceed the amount shareholders a stake in, and mortgage conditions no better than common if households.
(D) the pawn shops when the net assets below the 90% of the registered capital, the shareholders should be complemented or apply for a reduction of the registered capital in proportion, but reduced its registered capital shall not be in violation of these regulations on pawnshop minimum registered capital requirements. (E) balance of the pawnshop pawn property rights shall not exceed 50% of the registered capital. Real estate mortgage mortgage balance cannot exceed the registered capital. Less than 10 million yuan of registered capital, real estate mortgage pawn when the amount should not exceed 1 million Yuan.
Registered capital over 10 million Yuan, real estate mortgage mortgage amount when the amount must not exceed 10% of the registered capital.
45th pawn should be in accordance with the law and the uniform accounting system of the State, establish and perfect the financial accounting system and internal audit system.
Pawn shops should be in accordance with the relevant provisions of the State, true record and fully reflect its business activities and the financial situation, prepare monthly reports and annual financial reports, and as required, to the seat of the provincial departments in charge of Commerce and city divided into districts (ground) level submitted to the commercial administrative department.
Pawn annual financial reports required by an accounting firm or other statutory bodies to review the verification.
Supervision and administration of the seventh chapter 46th Ministry of Commerce under the management of pawnbroking, performs the following functions of supervision: (a) developing regulations, policies, (ii) is responsible for the pawn shop market entry and exit management; (c) responsible for the pawn business supervision; (d) the pawn industry self-regulatory organization for operational guidance.
47th article of Commerce reference annual development plan prepared by the provincial-leveled Commerce departments on Pawnshops nationwide total, layout and size of capital regulation. 48th article of the pawn business uniformly printed by the Ministry of Commerce.
The pawn business unified coding, code management measures shall be formulated separately by the Department of Commerce. Ticket design centrally by the Ministry of Commerce, provincial-leveled Commerce departments produced. Provincial-leveled Commerce departments should report every six months to the Ministry of Commerce ticket printing and use.
No unit and individual shall forge or alter the ticket. 49th provincial-leveled Commerce authorities shall quarterly submit to the Ministry of Commerce the local pawnshop business.
Specific requirements and reporting formats shall be separately prescribed by the Ministry of Commerce.
50th pawnshop employees shall hold a valid ID; employment of foreigners and other foreigners in the pawnshop shall, in accordance with relevant regulations of the State, get alien employment permit.
Pawn shops may not hire personnel cannot provide documents listed in the preceding paragraph.
51st pawn should be accurately recorded, when and when backed by statistical information, and in accordance with the requirements of the local people's Governments above the county-level public security authority submission for future reference.
52nd pawn informed the public security organ of investigation personnel or stolen goods and other property listed in this article 27th shall immediately report the situation to the police.
53rd belonging to stolen goods or suspected stolen goods when the object, the public security organ shall be seized and in accordance with the relevant provisions of the State.
54th article provincial business competent sector and set district of city (to) level business competent sector should according to local actual established regularly check and the not regularly checks system, timely found and processing about problem; for area within pawn line occurred of stolen Rob, and fire, and fund-raising deposit-taking and the major lawsuits case, situation, should in 24 hours within will about situation report superior business competent sector and local government, and informed sibling Government police organ.
55th National pawn industry association is the national self-regulatory organization of the pawn industry, approved by the Civil Affairs Department under the State Council set up after registration, accepted operational guidance for business, public security and other departments under the State Council.
Local pawn trade association is a local pawn industry's self-regulatory organization, formed after an approved and registered by the local civil administration departments, accept local business and public security Department operational guidance. 56th Department of Commerce provincial competent Commerce departments authorized to audit the pawn.
Specific measures shall be formulated separately by the Department of Commerce.
Provincial-leveled Commerce departments within 10th of the annual review will be informed the people's Government at the public security authorities and industrial and commercial administrative organs. 57th national pawn practice standards certification system.
The specific measures shall be formulated by the Ministry of Commerce in collaboration with the personnel administration Department under the State Council.
Eighth chapter penalty 58th unlawful establishment of pawn shops and branches or otherwise illegal business of pawn business, according to the State Department of the unlicensed investigation against measures will be punished.
59th pawn in contravention of this article 26th (c), (d) the provision constitutes a crime, criminal responsibility shall be investigated according to law.
60th pawn violates article 28th of this approach (a), (b), (c) 44th or article (a), (b) and (e) the provision, by the provincial departments in charge of Commerce shall be ordered to correct, and fined a maximum of more than 5000 Yuan and 30,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.
61st pawn disobey article 37th or 38th great pains under, the provincial departments in charge of Commerce shall order rectification and fined a maximum of 5000 Yuan and 30,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.
62nd pawn disobey article 45th, hide real operating conditions, provide false financial accounting reports and financial statements, or by other means of evading taxes and regulation by the provincial departments in charge of Commerce shall be ordered to correct and inform the relevant departments to investigate and punish constitutes a crime, criminal responsibility shall be investigated according to law.
63rd pawn shops violate the provisions of the article 27th, ordered corrective action by the people's Governments above the county-level public security organs and more than 5000 Yuan and 30,000 yuan fine constitutes a crime, criminal responsibility shall be investigated according to law.
64th pawn in contravention of this article 26th (a), (b), (e), 28th (d) or article 34th, the local districts of the cities (prefectures)-level departments in charge of Commerce shall order rectification, separately or concurrently fined less than 5000 Yuan and 30,000 yuan.
Pawn shops in violation of this article 29th and 43rd (c), (e) provides that charge when restricted circulation or treatment must, when approval or consent is not obtained, the local districts of the cities (prefectures)-level departments in charge of Commerce shall order rectification, and fined a maximum of between 5000 and 1000 Yuan.
Pawn shops in violation of this article 44th (c), (d) provides that capital is not real, disturbing the order of business, the local districts of the cities (prefectures) level ordered to complement the commercial administrative department or reduction of the registered capital, and a fine of 5000 Yuan and 30,000 yuan fine.
65th pawn disobey 35th article or the 51st article, by the people's Governments above the county-level public security organs shall be ordered to correct, and fined a maximum of between 1000 Yuan and 200 Yuan.
66th pawn shops violate the provisions of this article 52nd, ordered corrective action by the people's Governments above the county-level public security organs, and concurrently impose a fine of less than 2000 Yuan and 10,000 yuan; causing serious consequences or incorrigible, fined a maximum of more than 5000 Yuan and 30,000 yuan.
Of knowingly harbouring stolen goods, destruction or transfer, shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.
67th pawn by means of violence or threat compels another person to pawn, or other improper means violation when legitimate rights and interests, activities contravening public security management by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law. 68th in the investigation, pawnshop illegal and criminal acts in the course of investigation, Commerce authorities and the public security organ shall coordinate with each other.
Departments of commercial administration and public security organs found pawn of a violation of these measures, should be investigated and verified, and mutual notification of the investigation results; suspected of constituting a crime, shall be transferred to the public security organs dealing with the commercial administrative department.
69th business staff of the competent authorities, the public security organs in pawn establishment, alteration and termination of approval in violation of laws and regulations and these regulations, or abuse, malpractice, negligence in supervision and management, directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
Nineth chapter by-laws 70th of all provinces, autonomous regions and municipalities directly under the Business Department, the public security organ pursuant to these measures, formulate specific implementing measures or to provide for matters related to entrusted management and reported to the Ministry of Commerce, Ministry of public security, for the record.
71st foreign and Hong Kong, Macao and Taiwan investment pawn of management measures shall be formulated separately by the Ministry of Commerce, in conjunction with relevant departments.
72nd explain these measures by the Ministry of Commerce, Ministry of public security. 73rd these measures come into force on April 1, 2005.
Of the administrative measures on pawn (the State economic and Trade Commission, the 22nd), the pawn industry security management policy (Ministry of public security, 26th) repealed simultaneously.
