The people's governments of all provinces, autonomous regions, municipalities directly under the Central Government, and cities under separate state planning, and Xinjiang Production and Construction Corps:
The 2017 National Financial Work Conference determined that the central government shall formulate unified rules for financial leasing companies and other institutions, and the local authorities shall be responsible for implementing supervision and strengthening the responsibility of territorial risk disposal. In order to further strengthen the supervision and management of financial leasing companies , standardize operating behaviors, prevent and resolve risks, and promote the standardized and orderly development of the financial leasing industry , in accordance with relevant laws and regulations and the division of responsibilities determined by the National Financial Work Conference, the China Banking and Insurance Regulatory Commission formulated the "Supervision of Financial Leasing Companies The Interim Measures for Administration is hereby printed and sent to you , please organize and implement it carefully .
China Banking and Insurance Regulatory Commission
2020 5 Yue 26 Ri
Interim Measures for the Supervision and Administration of Financial Leasing Companies
Chapter One General Provisions
The first is to implement the regulatory responsibility, supervision and standardize management, financial leasing companies to guide compliance management, and promote the development of financial leasing industry norms, according to relevant laws and regulations, formulated.
Article The term financial leasing company, is engaged in financial leasing business, limited liability company or a joint stock (excluding financial leasing companies).
The financial leasing business referred to in these Measures refers to the transaction activity in which the lessor purchases the leased property from the seller, provides it to the lessee for use, and the lessee pays the rent based on the lessee's choice of the seller and the leased property.
Article engaged in financial leasing activities shall abide by laws and regulations, abide by the principle of honesty and fairness, must not harm national interests, public interests and the legitimate rights and interests of others.
Article encourage local governments to increase policy support, guide financial leasing companies play an important role in promoting the development of equipment manufacturing, enterprise technology upgrades, equipment import and export, to better serve the real economy, to achieve high-quality development of the industry.
Chapter II Business Rules
Article finance leasing company may engage in some or all of the following business:
(1) Financial leasing business;
(2) Leasing business;
(3) Purchase of leased properties, residual value treatment and maintenance, consulting on lease transactions, and acceptance of lease deposits related to financial leasing and leasing business;
(4) Transfer and transfer of financial lease or lease assets ;
(5) Fixed-income securities investment business.
Article finance leasing companies financing behavior must comply with the relevant laws and regulations.
Article VII applies to financial leasing transactions for the lease of fixed assets, except as otherwise provided.
Financial leasing companies should carry out the financial leasing business with the leased property with clear ownership, real existence and income generation as the carrier. Financial leasing companies must not accept as leased property that has been mortgaged, has disputed ownership, has been sealed up or seized by judicial authorities, or has defective ownership.
Article VIII of financial leasing companies shall have the following services or activities:
(1) Illegal fundraising, absorption or disguised absorption of deposits;
(2) Granting or entrusted granting of loans;
(3) Borrow or borrow funds in disguised form with other financial leasing companies;
(4) Financing or transferring assets through online lending information intermediaries, private equity investment funds;
(5) Other businesses or activities prohibited by laws and regulations , the China Banking and Insurance Regulatory Commission, and local financial regulatory authorities of provinces, autonomous regions, and municipalities directly under the Central Government (hereinafter referred to as the provincial level) .
Article IX finance leasing companies lease involving import quotas, licensing management, by the purchaser or lease property of all parties to complete the formalities in accordance with relevant provisions, unless otherwise agreed.
Financial leasing companies involved in foreign exchange management matters in the course of their business operations shall abide by relevant state foreign exchange management regulations.
Article X of financial leasing companies shall establish and improve shareholder or shareholders (large), board of directors (executive directors), supervisors (will be), and other senior management as the main organizational structure, clear division of responsibilities, to ensure that run independently from each other, Effective checks and balances form a scientific and efficient decision-making, incentive and restraint mechanism.
Article XI financial leasing companies should follow a comprehensive and prudent, effective, independent principles, establish a sound internal control system to guarantee the safe and sound operation of the company.
Article XII financial leasing company shall, according to its organizational structure, business scale and complexity of establishing a comprehensive risk management system to identify, control and mitigate risks.
Article XIII finance leasing companies shall establish a connected transaction management system, its related party transactions should follow commercial principles, independent trade fair pricing conditions not more favorable than non-related party transactions were similar.
When a financial leasing company makes a vote or decision on a transaction in which the lessee is an affiliated enterprise, persons who have an affiliated relationship with the affiliated transaction shall withdraw. The major connected transactions of a financial leasing company shall be approved by the shareholders (general) meeting, the board of directors or their authorized institutions.
The transactions between a financial leasing company and its holding subsidiaries and project companies are not subject to the regulatory requirements for connected transactions in these Measures.
Article XIV of financial leasing company shall acquire legal ownership of the leased property.
Article XV in accordance with national laws and regulations of the ownership of the lease should be registered, financial leasing companies must apply the relevant registration formalities according to law. If the leased item does not belong to the type of property that needs to be registered, the financial leasing company shall take effective measures to protect the legal rights and interests of the leased item.
Article XVI under the premise of financial leasing company shall enter into a financial lease contract or a clear intention of financing and leasing business, in accordance with the requirements of the lessee to purchase the leased property. If it is necessary to purchase leased property in advance under special circumstances, it shall be consistent with its own existing business fields or business plans, and be consistent with its own risk management capabilities and professional operating level.
Article XVII finance leasing companies shall establish and improve the leased property valuation and pricing system to determine the level of rent based on the value of the leased property, other costs and a reasonable profit.
In the sale and leaseback business, the purchase price of the leased property by the financial leasing company shall have a reasonable pricing basis that does not violate accounting standards as a reference, and shall not buy at low value and high.
Article XVIII finance leasing companies should pay attention to risk mitigation role of the leased property, the lease value of close monitoring of risk finance lease debt coverage level to develop effective risk responses.
Article XIX financial leasing company shall strengthen the unguaranteed residual value of the leased property management, periodic assessment of the unguaranteed residual value if impairment exists, the timely provision for impairment in accordance with the requirements of accounting standards.
Article XX finance leasing companies should strengthen risk management lease expiry of the lease return or because of default by the lessee and retrieved, establish a sound lease disposal systems and procedures to reduce the risk of holding the lease period.
Twenty-one financial leasing company in the form of leasing and other financing lease assets should be managed separately, establish accounts separately. Sub-lease shall be approved by the lessor.
Article 22 The financial leasing company should be strictly in accordance with the relevant provisions of accounting standards, a true reflection of the nature and risk profile of financial leasing asset transfer and the transferee business.
Article 23 The financial leasing company shall establish asset quality classification system and the reserve system. On the basis of accurate classification, provision for asset impairment losses is made timely and in full to enhance risk resistance.
Article 24 financial leasing companies can provide financing and leasing inquiries related information in accordance with the relevant provisions of the credit bureaus.
Article 25 financial leasing companies and financial leasing lessee to deal with business-related guarantees, insurance and other matters were fully agreed to maintain the security of transactions.
Chapter III Regulatory Indicators
Article 26 financial leasing companies finance lease and other lease the proportion of assets shall not be less than 60% of total assets.
Article 27 The total risk assets financial leasing company shall not exceed eight times the net assets. The total amount of risky assets is determined by the remaining assets of the company's total assets minus cash, bank deposits and national debt.
Article 28 financial leasing companies to carry out fixed-income securities investments, shall not exceed 20% of net assets.
Article 29 financial leasing companies shall strengthen the management of key tenant, lessee and the lessee for the control of a single business proportion of related parties, effective prevention and spread business. Financial leasing companies shall comply with the following regulatory indicators:
(1) The concentration of single customer financing. The financial leasing company’s total financial leasing business balance to a single lessee shall not exceed 30% of the net assets.
(2) The concentration of customer financing of a single group. The balance of all financial leasing business of a financial leasing company to a single group shall not exceed 50% of the net assets.
(3) Relevance of a single customer. The balance of all financial leasing business of a financial leasing company to a related party shall not exceed 30% of the net assets.
(4) All relevance. The balance of all financial leasing business of the financial leasing company to all related parties shall not exceed 50% of the net assets.
(5) Relevance of a single shareholder. Single shareholder and financing the balance of all related parties , shall not exceed the shareholder capital contributions in financial leasing companies, and at the same time meet the requirements of a single customer relevance of this approach.
The China Banking Regulatory Commission may make adjustments to the above indicators according to regulatory needs.
Chapter IV Supervision and Administration
Article 30 The Bank Insurance Regulatory Commission is responsible for developing financial leasing company's business operations and supervision rules.
Article 31 The provincial government is responsible for formulating policies and measures to promote the development of financial leasing industry in the region, for supervision and administration of financial leasing companies, financial leasing companies dispose of risk. The provincial-level local financial regulatory authorities are specifically responsible for the supervision and management of financial leasing companies in the region.
Article 32 local financial regulatory authorities shall, where appropriate financial leasing company's operating scale, risk profile, internal controls, financial leasing companies to implement classified supervision.
Article 33 of the local financial regulatory authorities shall establish off-site surveillance system, use of information systems for monitoring financial leasing company scheduled analysis, focusing on the relevant index is high, the larger the potential business risks companies. Provincial-level local financial regulatory authorities shall report to the China Banking and Insurance Regulatory Commission the development and supervision of financial leasing companies in the previous year before April 30 each year.
Article 34 local financial regulatory authorities shall establish on-site inspection system, inspection of financial leasing companies include, but are not limited to, the following measures:
(1) Enter the financial leasing company and relevant places to conduct on-site inspection;
(2) Inquiring relevant units or individuals and requesting them to explain the relevant inspection items;
(3) Consult and copy relevant documents and materials, and register and preserve the documents and materials that may be transferred, destroyed, concealed or tampered with;
(4) Check the relevant information system.
The on-site inspection shall be approved by the person in charge of the local financial supervision department. During the on-site inspection, there shall be no less than 2 inspectors, and the legal certificates and inspection notice shall be presented. Relevant units and individuals shall cooperate with local financial regulatory authorities to conduct supervision and inspection in accordance with the law, provide relevant information, documents and materials truthfully, and shall not refuse, obstruct or conceal.
Article 35 local financial regulatory authorities in accordance with the need to fulfill responsibilities, supervision and management can talk to financial leasing company directors, supervisors, senior executives, asking them to make statements on important matters financial leasing company's business activities and risk management.
Article 36 local financial regulatory authorities shall establish financial leasing company's major risk events early warning, prevention and response mechanisms, the development of financial leasing company's major risk events contingency plans.
In the event of a major risk event, a financial leasing company shall take emergency measures immediately and report to the local financial regulatory authority in a timely manner, and the local financial regulatory authority shall deal with it in a timely manner.
Article 37 local financial regulatory authorities shall establish financial leasing company and its major shareholders, directors, supervisors and senior management of illegal business conduct leasing business information database, faithfully recording information related offenses; given administrative punishment, shall apply to Public announcement.
Article 38 financial leasing companies should regularly submit to the local branches of financial supervision department and the People's Bank of information data.
Article 39 financial leasing companies shall establish a system of reporting on important matters, the following events that occur within 5 working days of local financial regulatory authorities report: significant related party transactions, significant pending litigation, arbitration and regulatory provisions require local financial submitted Other important matters.
Article 40 local financial regulatory authorities shall establish a coordination mechanism with relevant departments to supervise management and information sharing mechanism, study and solve major problems within its jurisdiction the financial leasing industry, strengthen supervision linkage to form a monitoring force.
Article 41 local financial regulators should strengthen the supervision of team building, equipped with a full-time supervisor in accordance with regulatory requirements and responsibilities, the number of full-time supervisor's ability to match the number of targets to be monitored is.
Article 42 financial leasing industry association is financial leasing industry self-regulatory organization, corporate social groups.
The legally established financial leasing industry associations play a role in communication and coordination and industry self-discipline in accordance with the articles of association, perform coordination, rights protection, self-discipline, and service functions, carry out industry training, theoretical research, dispute mediation and other activities, cooperate with local financial regulatory authorities, and guide the integrity of financial leasing companies Operation, fair competition and stable operation.
Article 43 local financial regulatory authorities through cross-reference information, site visits, receiving complaint letters and visits, etc., accurate verification of financial leasing companies operating within its jurisdiction and risk profile, according to business risk, illegal business case classified as normal, non There are three categories: normal operation and illegal operation.
Article 44 of the normal business class refers to the law compliance management of financial leasing companies. Local financial regulatory authorities shall review business licenses, articles of association, shareholder lists, lists and resumes of senior management personnel, audited balance sheets, income statements, cash flow statements and statements of financial leasing companies for normal operations according to their place of registration. Other information required.
For enterprises that accept and cooperate with supervision, have business premises in the place of registration, and fill in the information truthfully and completely, the provincial-level local financial supervisory authority shall be included in the supervisory list in a timely manner after reporting to the China Banking and Insurance Regulatory Commission for approval.
Article 45 non-normal business class mainly refers to the "lost contact" and "shell" business unusual financial leasing companies.
"Lost connection" refers to a financial leasing company that meets one of the following conditions: unable to get in touch; unable to find it in the on-site investigation of the company's registered residence; although the company staff can be contacted, they are not aware of and cannot contact the actual controller of the company ; Failure to submit regulatory information in accordance with regulatory requirements for 3 consecutive months.
"Shell" refers to a financial leasing company that meets one of the following conditions: it has not submitted and published the previous year's annual report through the national enterprise credit information publicity system in accordance with the law; regulatory information in the past 6 months shows no operation; in the past 6 months no Tax records or "zero declaration"; no social security payment records in the past 6 months.
Local financial regulatory authorities should supervise and urge the rectification of abnormal business enterprises. Enterprises with abnormal operations that pass the rectification and acceptance can be included in the supervision list; those that refuse to rectify or fail the rectification and acceptance are included in the list of abnormal operations, and persuaded them to apply for changes in the enterprise name and business scope, and voluntary cancellation.
Article 46 illegal business category refers to operate in violation of laws and regulations and the provisions of financial leasing companies. Those who have minor violations of laws and regulations and passed the rectification and acceptance inspections can be included in the supervision list; if the rectification and acceptance are unqualified or the violations of laws and regulations are serious, the local financial supervision department shall punish, ban or coordinate with the market supervision department to revoke their business licenses in accordance with the law, suspected of illegal crimes Timely transfer to the public security organ for investigation and punishment according to law.
Article 47 provincial local financial regulators to establish a consultation mechanism with the market supervision departments to strictly control the registration of financial leasing companies and their affiliates. Financial leasing company changed the company name, organization, company domicile or place of business, registered capital, ownership structure adjustment, etc. should be when prior to fully communicate with the provincial local financial regulators, to reach consensus.
Chapter V Legal Liability
Article 48 The financial leasing company violates the provisions of laws and regulations and relevant laws and regulations have penalties shall be punished in accordance with its provisions; relevant laws and regulations have not been penalties, the local financial regulators may take supervisory talks, issued a warning Letters, orders for corrections within a time limit, notification of criticisms and other regulatory measures; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 49 The penalties for financial leasing company in accordance with laws and regulations, local financial regulatory authorities according to the specific circumstances of the persons responsible to take notice of criticism, ordered to make corrections included in the warning list or the list of illegal dishonesty and other regulatory measures; laws and regulations have punished If it is specified , it shall be punished in accordance with laws and regulations; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 50 financial leasing companies absorbed or disguised deposits from the public and other forms of illegal fund-raising, in accordance with laws, administrative regulations and relevant provisions of the State shall be punished; constitute a crime, be held criminally responsible.
Chapter VI Supplementary Provisions
Article 51 The provincial government should develop this area of supervision and management of financial leasing companies based on the implementation details of this approach, depending on the regulatory situation, for lease range, concentration and correlation industry-specific requirements appropriate adjustments shall be reported to silver Recorded by the China Insurance Regulatory Commission.
Article 52 financial leasing companies this approach has been established before the implementation should meet the requirements specified in this way in the provision of provincial local financial regulatory authorities during the transitional period, in principle, the transition period not exceeding three years. Provincial-level local financial regulatory authorities can appropriately extend the transition period arrangements according to the actual conditions of specific industries.
Article 53 Measures in the following terms:
(1) Related parties can be identified in accordance with the "Accounting Standards for Business Enterprises No. 36 - Disclosure of Related Parties".
(2) A major related party transaction refers to a single transaction between a financial leasing company and a related party that accounts for more than 5% of the financial leasing company’s net assets, or the financial leasing company’s and the related party’s transaction after the financial leasing company has a transaction with a related party Transactions in which the transaction balance accounts for more than 10% of the net assets of the financial leasing company.
Article 54 of this approach by the CIRC silver responsible for the interpretation.
Article 55 of the measures implemented from the date of issuance. If relevant regulations are inconsistent with these measures before the implementation of these measures, these measures shall prevail.
Source: China Banking and Insurance Regulatory Commission