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Financing Guarantees, In Anhui Province, The Company's Management Procedures (Trial Implementation)

Original Language Title: 安徽省融资担保公司管理办法(试行)

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Management of the Financing Guarantee Corporation in Arguéa (Time pilot)

(Adopted by the 18th ordinary meeting of the Government of Anguébé, on 24 December 2013, No. 250 of 12 January 2014 by the People's Government Order No. 250 of 12 January 2014)

Chapter I General

In order to regulate the operation of the Financing Guarantee Corporation, to promote the health operation of the financing security sector, to improve the financing environment for small and medium-sized enterprises, to support the economic development of entities, and to develop this approach in the light of the relevant legislation and regulations.

Article II applies to the establishment, modification, termination, operation and supervision of the Finance Guarantee Corporation within the province.

This approach refers to the secured creditor agreement between the guarantor and the financial institutions of the banking sector, where the secured creditor does not meet the financial obligation owed to the creditor, the secured creditor assumes the security responsibility under the contract agreement.

This approach refers to the establishment by law of limited liability companies and equity companies operating the financing security operation.

Article 3. The Government of the people at the district level should establish an enabling policy system for the financing security sector and implement tax incentives. The provincial people's Government and the eligible city, district (zone) people's governments have established financing guarantees for support.

More than the people at the district level should improve the financing security risk compensation, dispersion and disposal mechanisms to promote the establishment of a mechanism for risk sharing between the Finance Security Corporation and the banking sector.

Article IV. The executive authority for financial work at the district level or the Government determines the department responsible for overseeing the management of the financing security company (hereinafter referred to as the regulatory sector), specifically responsible for the supervision of the financial security companies in this administrative area.

In accordance with their respective responsibilities, the Government of the above-mentioned people develops reforms, economic and informationization, financial, public safety, business and so forth, the management of the Finance Security Corporation.

Chapter II Establishment, change and termination

Article 5 Establishing a financial security company shall have the following conditions:

(i) The Constitution in conformity with the provisions of the People's Republic of China Companies Act;

(ii) Shareholder eligible for conditions;

(iii) There are registered capitals consistent with national requirements;

(iv) Directors, custodial, senior management and practitioners with qualifications;

(v) There are sound organizational institutions, internal controls and risk management systems;

(vi) There are required places of business;

(vii) Other conditions under the laws, regulations and regulations.

Article 6. Financing security companies shall apply for the establishment of branches, with the following conditions:

(i) For more than two years of continuous operation of the financing security operation;

(ii) To allocate funds to the branches not exceeding 50 per cent of their registered capital;

(iii) In the past two years, there is no criminal record of operation;

(iv) The principal heads of branches to be appointed in accordance with their qualifications;

(v) There are required places of business;

(vi) Other conditions set forth in laws, regulations and regulations.

Article 7. Shareholder of the financing security company shall have the following conditions:

(i) The shareholders of legal persons and other organizations should have a good corporate governance and sound and effective internal control system, and natural shareholders should have full civil behaviour capacity;

(ii) A good record of good faith;

(iii) A good and stronger business management capacity and financial strength in recent years;

(iv) Other conditions set forth in laws, regulations and regulations.

Article 8. The establishment of a financial security company and its branches shall be subject to review by the provincial regulatory authorities the approval, issuance of a licence.

Without approval, no unit or individual shall operate the financing security operation and shall not use the name in the form of financing security. Except as otherwise provided by law, administrative regulations.

Article 9. Applications for the establishment of a financial security company shall submit the following documents to the regulators:

(i) Applications containing matters such as the name, residence, registration of capital and operational scope to be established;

(ii) The establishment, adoption of corporate statutes, election of directors, and draft statutes, by the shareholders or the sponsor;

(iii) The roster of shareholders and their amount of funds, the structure of the unit and the associated relationship;

(iv) Feasibility certificates funded by shareholders, as well as trust certificates and relevant information from shareholders;

(v) Accreditation certificate of directors, heads of delegation and senior management to be appointed;

(vi) A certificate of material at the place of business;

(vii) A notice of prior approval by the name of the company;

(viii) Evidence material providing for other conditions under the laws, regulations and regulations.

Article 10 Financing security companies shall apply for the establishment of branches and shall submit the following documents to the regulatory branch:

(i) Applications containing matters such as the name, residence, operating funds and operational scope to be established;

(ii) Business reports and financial accounting reports sent to the regulatory sector in recent years;

(iii) Operational financial support material;

(iv) A certificate from the supervisory branch of almost two years without a record of unlawful operations;

(v) The eligibility certificate for office of the main branches of the branch;

(vi) A certificate of material at the place of business;

(vii) Evidence of other conditions by law, regulations and regulations.

Article 11. Financing security companies may operate by granting the following financing security operations:

(i) A loan security;

(ii) A statement is made in accordance with a security right;

(iii) Security of the letter of credit;

(iv) Security for the distribution of financial products;

(v) Reservations;

(vi) Other financing security operations provided by the State.

Article 12

(i) The non-financial security operation, such as the preservation of security, tender security, performance guarantees and property preservation guarantees;

(ii) brokering services related to security operations, such as financing advice, financial advisers, logistics regulation;

(iii) Investment in terms of self-financing;

(iv) Other operations specified by the State.

Article 13 Changes in corporate name, registered capital, more than 20 per cent of shareholders of units, scope of operations, cross-constructional residences, separations or mergers, as well as consequential changes in corporate statutes, should be made to the provincial regulatory authorities; changes in corporate residences, shareholders with more than 5 per cent of units, branch operating funds, and consequential changes in the corporate charter should apply to the regulatory sector of the area entrusted by the provincial regulators. The replacement of the director, the President of the CEO and the Director-General shall be reported to the provincial regulatory authorities to review their qualifications; the replacement of other directors, heads of prisons and senior management shall be reported to the regulatory sector of the districts entrusted by the provincial regulators to review their qualifications.

The documents submitted by the applicant, the information is incomplete or incompatible with the statutory form, and the regulatory sector should communicate to the applicant the full content of the process at any time or within 5 days; the submissions, information is fully submitted by the applicant, in accordance with the statutory form and the regulatory sector should change registration.

Changes in registration matters relate to changes in the licence, and new operating licences should be transferred from the provincial regulators within 5 days of the date of the change in registration.

Article 14.

The financial security companies and branches need to continue the period of effectiveness of the licence and shall expire in force A request was made to the regulatory sector that took the licence decision. The regulatory sector should make a decision to grant continuity before the expiry of the effective period. It was considered to be granted for a continuation of five years.

Article 15. The dissolution of the Financing Security Corporation as a result of the separation, consolidation or emergence of the provisions of the statute shall be subject to approval by the provincial regulatory authorities and requests for write-offs to the business administration.

Article 16, the date on which the financial company and the branches obtained a licence for business, has no reason to justify more than six months of unfinished financing security operations, or the discontinuation of their own business after the operation of the financing security operation for more than six months after the company's registration authority has revoked its business licence, and the former approval authority has cancelled its licence and issued a notice.

Chapter III

Article 17 FIs should comply with prudent operating rules, establish operational rules and risk management, internal control systems, such as evaluation of sound security projects, after-service management, vetting and disposal.

The prudent rules of operation, as set out in the previous paragraph, include the quality of assets, the use of funds, reserves, risk concentration, associated transactions and asset mobility.

The main responsibilities of the FIS in the risk management sector, the compliance review sector should be vested with relevant professional qualifications, such as economic, financial, legal, etc., and with persons with the corresponding experience of the industry for more than three years.

Financial security companies should establish sound financial accounting systems and internal audit systems, as required by financial corporate financial rules and corporate accounting standards.

Article 20: The balance of the liability of a financial security company for financing other than that provided by a single guarantor for the distribution of financial products shall not exceed 10 per cent of its net asset; the balance of the liability for financing other than the security of the source of financial products, provided by the individual security owner and its associated parties, shall not exceed 15 per cent of its net asset; the balance of the liability for financing, such as the security of the individual secured creditor and the security of the financial product issued by the owner, shall not exceed 30 per cent of its net asset.

Article 21, the balance of financial security responsibilities of the treasury company, shall not normally exceed 10 times the net asset. In the last two years, a well-established financial security company for the management evaluation and credit ratings can be properly eased by the proportion of its financing responsibilities as net assets, but not more than 15 times higher. Except as otherwise provided by law, administrative regulations.

Article 22 provides for investment by the Finance Guarantee Corporation in terms of self-financing, to be limited to fixed-term financial products such as national debt, financial bonds, large-scale enterprise debt financing instruments, as well as other investments in conflict of interest and not exceeding 20 per cent of net assets. More than 35 per cent of the net assets of other investments could be properly eased, but not more than 35 per cent, for the last two years of regulatory evaluation and credit ratings. The establishment or participation of financial security companies in other financing security companies of the Unit may be subject to a proportion of investment.

Other investments are mainly used for equity rights other than stock secondary markets, business properties, trust and fund investments, and bank loans are delegated.

The net value of the fixed assets held by the Finance Guarantee Corporation exceeds 10 per cent of the net assets for the same period, which is taken into account in other investments.

Other investments should be deducted from their net assets for the same period in order to calculate the risk indicators, such as the treasury of the financial security company.

Article 23 FIs should draw up a reserve of unliquidated responsibilities based on 50 per cent of the annual security expenses.

The financing security company should extract the security indemnity reserve in accordance with the balance of 1 per cent of the liability at the end of the year.

Article 24 of the secured company's security operation involves cross-border municipalities and should be made available to the local regulatory sector and to the regulated sectors of the secured person's location;

The associated transactions of the financing guarantee company should be presented in the local regulatory sector in 30 days and disclosed in the notes to the accounting statements.

Article 25

(i) Provide loans;

(ii) Absorption of deposits or other forms of borrowing funds;

(iii) Provision of security for the unlawful absorbing of deposits or the conversion of deposits;

(iv) To grant loans or trust funds;

(v) Provision of financial security to its shareholders of the Control Unit, the actual controllers;

(vi) Increase operating funds through borrowing of financial institutions, units or individuals, such as banks.

The financing security company has one of the pre-defined acts that seriously endanger market order and undermine the public interest, which is repealed by law by the regulatory authorities. Except as otherwise provided by law, administrative regulations.

Chapter IV Oversight management

Article 26 The regulatory sector should establish a system of market access, non-site regulation and on-site inspection for sound financing security companies and establish a mechanism for regulatory coordination mechanisms and information-sharing with the judiciary, business and other sectors.

Article 27 should establish a system for the collection, collation, statistical analysis of information from sound financing security companies to monitor their operational risk.

The Finance Security Corporation should report to the regulatory sector in a true, accurate, complete and timely manner, financial accounting reports, legal compliance reports and information.

The annual financial accounting report of the Finance Security Corporation is subject to an audit by a qualified social intermediary.

Article 28 allows the regulatory sector to conduct on-site inspections, as required by law:

(i) Access, reproduction and reproduction of accounting books, documents, information relating to inspection matters;

(ii) Examination of the computer information management system of the Finance Guarantee Corporation to replicate relevant data and information;

(iii) Explore the staff of the Finance Security Corporation.

Documents, information, electronic equipment, which may be transferred, concealed or destroyed, are registered first by the supervisors of the regulatory sector.

Article 29, where the operation of the Financing Security Corporation may have a significant risk, the regulatory sector should see its director, the President of the Board and senior management regulatory statements indicating the risk of prevention. Where necessary, it is recommended that their directors, heads of State, and senior management inform creditors of the business risk.

Article 33, the regulatory sector of the city, the district (zone) should provide counselling reports for the financing security companies to be established within the current administration area, for investment, corporate governance and internal control, prudent operating rules, risk control, legal regulations and etc.

Article 31 establishes a regulatory evaluation system for financing security companies. The regulatory sector should conduct regular evaluation of the legitimacy and risk of the operation of the Financing Guarantee Corporation. Regulatory evaluation results serve as a basis for prudent management.

A letter-of-charge management should bring credit information from the Finance Guarantee Corporation into the national and provincial credit information platforms and facilitate access by the Financing Guarantee Corporation to credit information from the guarantor.

Financing security companies are encouraged to carry a credit risk rating and to increase confidence in cooperation with banking institutions.

Article 32 presents a significant risk incident by the Finance Guarantee Corporation, which should report in a timely manner to the municipal, district (zone) regulatory sector, on a brief basis, on a specific situation within 24 hours; and the regulatory sector in the city, district (zone) take appropriate response measures in accordance with the nature of major risk events, changes in events and the extent of risk, and report to the supervisory sector. In order to affect the financial order and social stability of the region, the provincial regulators should report to the Government of the Provincial People within 24 hours of the incident.

Major risk incidents under the preceding paragraph include:

(i) The financial security company triggers a group event;

(ii) The financial security company may amount to more than 5 per cent of its net asset for security fraud, collateral or investment losses;

(iii) The failure of the major claims of the Finance Guarantee Corporation to make its financial flows difficult or unable to liquidate the debt due;

(iv) The main assets of the Finance Security Corporation are seized, seized and frozen;

(v) Identifying that the main shareholders of the financing security company have had a significant adverse effect on the company;

(vi) The head of the company, the treasury and senior management are suspected of criminal offences and are investigated by the executive branch, the judiciary or the enforcement of coercive measures by law;

(vii) The Board of Trustees of the Finance Security Corporation, the members of the CEO or senior management resigned over half of the three-month period;

(viii) The principal holder of the financing security company disappeared, died in normal terms or lost civilian capacity.

Chapter V Legal responsibility

Article 33 governs one of the following acts by the regulatory branch and its staff, which is lawfully disposed of by law; constitutes an offence punishable by law:

(i) The breach of the approval of the financing security companies and branches;

(ii) On-site inspection by law;

(iii) The imposition of regulatory measures or administrative penalties in violation;

(iv) No timely report or disposal of major risk incidents;

(v) Other abuses of authority, omissions, provocative fraud.

Article 34, in violation of this approach, does not authorize the operation of the self-financing security operation, which is prohibited by law by the district-level regulatory authorities.

In violation of this approach, the use of financing security in the name of the company has not been authorized, is being corrected by the order of responsibility for the regulatory sector above the district level and may be fined up to $50 million above.

Article 33XV, in violation of this approach, is one of the following acts, which are redirected by the regulatory authorities at the district level, warnings and fines of up to $300,000:

(i) The establishment of branches without approval;

(ii) Self-removal changes without process of change;

(iii) In addition to the approval of the operation;

(iv) Directors, treasury, senior management without approval;

(v) Obstacles or refusal of the regulatory authorities to carry out on-site inspections;

(vi) Failure to disclose information, information, statistical data to the regulatory authorities in accordance with the provisions;

(vii) Violations of prudent operating rules and risk control provisions.

Article XVI, in violation of this approach, is one of the following cases, which is redirected by the regulatory authorities at the district level, with a fine of up to 300,000 dollars in excess of 100,000 dollars, and which constitutes a crime and is criminally liable under the law:

(i) Provide loans;

(ii) Absorption of deposits or other forms of borrowing funds;

(iii) Provision of security for the unlawful absorbing of deposits or the conversion of deposits;

(iv) To be granted loans or trusted investments, funds;

(v) Provision of financial security to its shareholders of the Control Unit, the actual controllers;

(vi) Increase operating funds by borrowing financial institutions, units or individuals, such as banks.

Annex VI

Article 37 of this approach is implemented effective 1 March 2014.