Administrative Measures On Financing Guarantee Approval Of Gansu Province

Original Language Title: 甘肃省融资性担保机构审批管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346557.shtml

Administrative measures on financing guarantee approval of Gansu province (November 26, 2010 Gansu Province Government 67th times Executive Conference considered through December 2, 2010 Gansu Province Government makes 77th, announced since January 1, 2011 up purposes) first article for strengthening on financing sex guarantees institutions of supervision management, specification financing sex guarantees institutions established, and change and the exit, promote financing sex guarantees industry health development, according to People's Republic of China guarantees method, and financing sex guarantees company management provisional approach and the national related legal regulations of provides,

    Combined with the facts of the province, these measures are formulated.

    Second financing guarantee mentioned in these measures refers to the guarantor agreed with banking institutions and other creditors, when the sponsor does not meet financing obligations towards creditors, by the guarantor shall bear liability stipulated in the contract.

    Credit guarantee institutions in these measures (hereinafter the "guarantee") is a legal person, natural person, other social organizations or Government funding is established according to law, guarantee institutions engaged in financing guarantee business.

    Third province, industry and information technology, administrative departments are the province's regulatory agencies, security agencies (hereinafter "guarantee agency regulators"), which is responsible for the establishment, change, withdrawal of the guarantee institution in the province.

    Fourth guarantee agency establishment and change, in accordance with the principle of territoriality by the municipal State security agencies after regulators summarizes the application materials, reported to the provincial guarantee regulatory approval and issuance of business licenses.

    Article fifth guarantee institution shall meet the following conditions:

    (A) that complies with the laws and regulations of the articles of Association;

    (B) with sustained investment ability of shareholders or investors;

    (C) comply with the minimum amount of registered capital as provided herein, registered capital is paid in cash;

    (D) meet the qualifications of legal representative, directors, supervisors and senior managers and qualified employees;

    (E) have a sound organizational structure and the internal management and risk control systems;

    (Vi) have a fixed place of business.

    Sixth set up guarantee institutions must have a minimum registered capital: security business in province-wide registered capital shall not be less than 100 million Yuan and guarantee operations within the city shall not be less than 50 million yuan of registered capital; guarantees within the County's registered capital shall not be less than 20 million Yuan. Article seventh guarantee agency legal representative, directors, supervisors and senior management officers shall be without bad credit records, and have 3 years of experience in security or financial, or engage in related field for 5 years.

    Among them, the company guarantee agency General Manager, Deputy General Manager with 5 years of experience in security or financial, or engage in related field for 8 years. Guarantee agency key staff should be familiar with the credit guarantee business, one-second above with 2 years of experience in security or financial, or engaging in related field for 3 years.

    Relevant State provisions to guarantee agency personnel management the administration of those provisions.

    Article eighth of guarantee institutions to set up branches, except in accordance with the approach required by article fifth, seventh, also operating more than two years in a row, with registered capital of no less than 100 million Yuan.

    Nineth an application for establishing a guarantee institution, shall submit the following information:

    (A) application form (shall set forth the proposed guarantee institution name, domicile, registered capital and business matters);

    (B) feasibility study (should be set up with the necessity of financing, business development, market analysis, strategy and planning, departments and major internal management systems, economic and social benefits and other matters);

    (C) articles of Association;

    (D) the company business name prior approval written notice of a security agency;

    (E) the place of supporting documents;

    (Vi) capital verification certificate issued by a statutory capital verification organization;

    (G) the list of shareholders or investors and their capital contributions, shares;

    (VIII) the shareholders of the Bank's registered capital above 5% credit report (corporate shareholders also need to submit the annual financial audit report);

    (I) the legal representative to be appointed, directors, supervisors, senior management of qualification certificates, photocopies, issued by the people's Bank of credit report;

    (10) the establishment of a guarantee system of risk control.

    Article tenth guarantee institutions intended to apply to set up branches, in addition to the information specified in article Nineth, but should also submit: corporate authorization and license copy; guarantee nearly 2 years audited financial reports, business and risk management related documents proposed qualifications of senior managers of branches.

    11th set up guarantee institutions must guarantee agency regulators business licenses and other relevant documents, in accordance with the relevant laws and regulations of registration procedures. Without the guarantee institutions guarantee regulatory approval, registration and Administration Department shall not apply for its registration. Any unit or individual guarantee regulatory approval, without the province shall not operate the financing guarantee business, not with financing guarantee the words in the name.

    Except as otherwise provided in laws and administrative regulations.

    12th of the guarantee agency for any of the following circumstances shall be subject to the City State guarantee agencies regulatory application materials guarantee regulatory approval, summary report province:

    (A) change of name;

    (B) changing registered capital;

    (C) the Division or merger;

    (D) change of headquarters or branch registration;

    (E) change of legal representative, directors, supervisors and senior management personnel;

    (Vi) change total assets or total shares 5% per cent of investors or shareholders;

    (G) revision of articles;

    (H) the change of business scope;

    (I) the change of organization.

    Guarantee agency changes relating to registration matters, in accordance with the regulations applying to the Registration Department to change registration.

    13th security institutions to apply for change, shall submit the following information:

    (A) application for change report;

    (B) photocopy of business license;

    (C) the operating conditions of the previous year;

    (D) the annual audit report on;

    (E) the decision-making authority of the Department or person to change the resolution, decisions and relevant supporting documents;

    (F) the guarantee agency regulation and amendment to the articles of the company system;

    (VII) other regulatory material.

    Article 14th by the guarantee institution shall be approved by provincial security agencies received regulatory approval within 3 months from the date of the file to complete the registration and register the change, fails to complete, original file automatically invalidated.

    15th under any of the following circumstances, guarantee agency terminated:

    (A) guarantee separation, merger or a dissolution dissolution is required under the company's articles;

    (B) the guarantee institution for illegal business was canceled;

    (C) the guarantee institutions are insolvent, unable to repay debts, bankruptcy according to law;

    (D) other circumstances as stipulated by laws and regulations. 16th guarantee agency terminated, applications should be made to City State guarantee agency regulators, municipal State Security Agency regulators application materials guarantee institution regulators, summary report province, provincial security agencies after the regulatory approval to procedures such as REGISTRATION authority for cancellation.

    Applications will be required to submit the following materials:

    (A) the decision, revoke the dissolution or bankruptcy filing reports;

    (B) the shareholders ' meeting resolution or contributors decided;

    (C) liquidation organization and its principal;

    (Iv) liquidation plan;

    (E) the debt arrangement scheme;

    (F) asset allocation plan;

    (VII) other materials required by the regulators. 17th guarantee agency terminated according to law set up a group, in accordance with legal procedures to liquidate. Regulators and other relevant departments to monitor the debt settlement programme and the implementation of other settlements.

    Warranties prior to the termination, the Security Agency shall not assigned property, or obtaining any benefits from the institutions. Article 18th guarantee applies for the establishment, alteration and termination of, municipal security supervision departments shall, from the date of acceptance of the application in the 10th completed summary report of the application materials.

    Provincial security agencies regulators, State guarantee agencies, received regulatory filing made within 20th approval or disapproval of the written decision. Did not take a decision within the prescribed period, approved by the supervision Department head, extension of the 10th, and shall inform the applicant of the reasons for such further period.

    Otherwise provided by laws and regulations, in accordance with its provisions.

    19th security breaches of the rules of any of the following acts, guarantee agencies regulatory penalties, by province:

    (A) without a provincial guarantee regulatory approval to set up guarantee institutions, shall be banned, fined 20,000 yuan to 30,000 yuan fines;

    (B) fraud, obtaining guarantees established by institutions after they have been found and verified, recoup their operating licenses, and impose a fine of 20,000 yuan to 30,000 yuan;

    (C) in violation of these regulations article 12th, guarantee agencies to change without approval, change, order the time go through the relevant formalities, and subject to a fine of 10,000 yuan to 20,000 yuan fines;

    (D) violation of these measures article sixth, guarantee agency does not have the registered capital, beyond geographical scope without authorization, and impose a fine of 10,000 yuan to 20,000 yuan.

    20th levels of security approval guarantee agencies of the supervision departments who violate regulations set up, modification, termination, as well as the scope of business, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. 21st article this way come into force on January 1, 2011.