Measures for the Administration of Financing Guarantee Companies in Anhui Province (for Trial Implementation)

Chapter I General Provisions Article 1 These Measures are formulated in accordance with relevant laws, regulations and provisions, combined with the actual situation of this province, with a view to standardizing the operation of financing guarantee companies, promoting the healthy operation of financing guarantee industry, improving the financing environment for small and medium-sized enterprises and supporting the development of the real economy. Article 2 These Measures shall apply to the establishment, alteration, termination, operation, supervision and management activities of financing guarantee companies within the administrative area of this province.

The term "financing guarantee" as mentioned in these Measures refers to the act that the guarantor agrees with creditors such as banking financial institutions that the guarantor shall bear the guarantee liability stipulated in the contract according to law when the guarantor fails to perform the financing debts owed to the creditors.

The term "financing guarantee company" as mentioned in these Measures refers to limited liability companies and joint stock limited companies established according to law and engaged in financing guarantee business. Article 3 The people's governments at or above the county level shall establish a supporting policy system for the financing guarantee industry and implement preferential tax policies. The provincial people's government and the conditional city and county (District) people's government set up financing guarantee support funds.

The people's governments at or above the county level shall improve the risk compensation, dispersion and disposal mechanism of financing guarantee, and promote the establishment of risk sharing mechanism between financing guarantee companies and banking financial institutions. Article 4 The financial administrative department of the people's government at or above the county level or the department designated by the government responsible for the supervision and management of financing guarantee companies (hereinafter referred to as the supervision department) shall be specifically responsible for the supervision and management of financing guarantee companies within their respective administrative areas.

The departments of development and reform, economy and informatization, finance, public security, industry and commerce of the people's governments at or above the county level shall, according to their respective duties, do a good job in the supervision and management of financing guarantee companies. Chapter II Establishment, Change and Termination Article 5 To establish a financing guarantee company, the following conditions shall be met:

(1) Having articles of association that conform to the provisions of the Company Law of People's Republic of China (PRC);

(2) Having shareholders who meet the prescribed conditions;

(3) Having registered capital that meets the requirements of the state;

(four) the qualifications of directors, supervisors, senior managers and employees;

(5) Having a sound organizational structure, internal control and risk management system;

(6) Having a business place that meets the requirements;

(seven) other conditions stipulated by laws, regulations and rules. Article 6 To apply for the establishment of a branch, a financing guarantee company shall meet the following conditions:

(a) continuous operation of financing guarantee business for more than two years;

(2) The working capital allocated to the branch shall not exceed 50% of its registered capital;

(3) It has no record of illegal business operation in the last two years;

(4) The main person in charge of the branch to be proposed meets the post qualifications;

(5) Having a business place that meets the requirements;

(six) other conditions stipulated by laws, regulations and rules. Article 7 The shareholders of a financing guarantee company shall meet the following conditions:

(1) Shareholders of corporate shareholders and other organizations shall have good corporate governance and a sound and effective internal control system, and natural person shareholders shall have full capacity for civil conduct;

(2) Having a good credit record;

(3) It has a good financial situation in the past three years, and has strong management ability and financial strength;

(four) other conditions stipulated by laws, regulations and rules. Article 8 The establishment of a financing guarantee company and its branches shall be examined and approved by the provincial supervision department and a business license shall be issued.

Without approval, no unit or individual may engage in financing guarantee business or use the word financing guarantee in its name. Except as otherwise provided by laws and administrative regulations. Article 9 To apply for the establishment of a financing guarantee company, the following documents and materials shall be submitted to the regulatory authorities:

(1) An application, stating the name, domicile, registered capital and business scope of the financing guarantee company to be established;

(2) Resolutions of the shareholders' meeting or promoters' meeting on the establishment of the company, adoption of the articles of association, election of directors and supervisors, and formulation of the draft articles of association;

(3) The register of shareholders and their capital contribution, shareholding structure and related relationship;

(4) capital verification certificate of shareholder's contribution, shareholder's credit certificate and relevant materials;

(5) Qualification certificates of the directors, supervisors and senior managers to be appointed;

(6) Proof materials of business premises;

(7) Notice of pre-approval of company name;

(eight) other conditions as prescribed by laws, regulations and rules. Article 10 When applying for the establishment of a branch, a financing guarantee company shall submit the following documents and materials to the regulatory authorities:

(1) An application, stating the name, domicile, working capital and business scope of the branch to be established;

(2) Business reports and financial and accounting reports submitted to the regulatory authorities in the last two years;

(3) Certification materials of working capital;

(four) the certificate issued by the regulatory authorities that there is no illegal business record in the past two years;

(five) the qualification certificate of the main person in charge of the branch;

(6) Proof materials of business premises;

(seven) other conditions as prescribed by laws, regulations and rules. Article 11 A financing guarantee company may engage in the following financing guarantee businesses upon approval:

(1) loan guarantee;

(2) Bill acceptance guarantee;

(3) letter of credit guarantee;

(4) Guarantee for the issuance of wealth management products;

(5) Re-guarantee;

(six) other financing guarantee business as stipulated by the state.