Interim Measures for the Supervision and Administration of Financial Leasing Companies
(Draft for Comment)
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with relevant laws and regulations in order to guide financial leasing companies to operate in compliance, clarify market positioning, implement regulatory responsibilities, strengthen supervision and management, and promote the standardized development of the financial leasing industry.
Article 2 Definition The term "financial leasing company" as mentioned in these Measures refers to a limited liability company or a joint stock limited company engaged in financial leasing business (excluding financial leasing companies).
The term "financial leasing business" as mentioned in these Measures refers to the trading activities in which the lessor purchases the leased property from the seller according to the lessee's choice of the seller and the leased property, provides it to the lessee for use, and the lessee pays the rent.
Article 3 Operating Principles Financial leasing activities shall abide by laws and regulations, follow the principles of honesty, credit and fairness, and shall not harm national interests, social public interests and the legitimate rights and interests of others.
Article 4 Support policies encourage local governments to increase policy support, guide financial leasing companies to return to their original sources, and play an important role in promoting the development of equipment manufacturing industry, enterprise technology upgrading, equipment import and export, etc.
Chapter II Operating Procedures
Article 5 Scope of Business A financial leasing company may engage in some or all of the following businesses:
(1) Financial leasing business;
(2) Operating leasing business;
(3) Leased property purchase, residual value treatment and maintenance, lease transaction consultation and lease deposit acceptance related to financial leasing and operating leasing business;
(4) Transferring and accepting financial lease assets;
(5) Fixed income securities investment business.
Article 6 Financing Behavior The financing behavior of a financing leasing company must comply with relevant laws and regulations.
Article 7 The scope of the lease item is applicable to financial leasing transactions. The lease item is a fixed asset, unless otherwise specified.
A financial leasing company shall carry out financial leasing business with the leased property with clear ownership, real existence and income as the carrier. Financial leasing companies shall not accept mortgaged property, property with disputed ownership, property sealed up or detained by judicial organs or property with defective ownership as leased property.
Article 8 A negative list financial leasing company shall not engage in the following businesses and activities:
(1) Raising funds, absorbing deposits or absorbing deposits in disguised form;
(2) Issuing or entrusting loans;
(3) Borrowing funds from other financial leasing companies or borrowing funds in disguised form;
(4) Financing or transferring assets through peer-to-peer lending information intermediaries, private investment funds and other channels;
(5) Other businesses or activities prohibited by laws and regulations and local financial supervision departments.
Article 9 When other financial leasing companies import leased property involving quota and license management, the purchaser or property owner of the leased property shall go through the formalities in accordance with relevant regulations.
Financial leasing companies involved in foreign exchange management in the course of operation shall abide by the relevant provisions of the state on foreign exchange management.
Article 10 The corporate governance of a financial leasing company shall establish and improve the organizational structure with shareholders or shareholders' meeting, board of directors, board of supervisors and senior management as the main body, clarify the division of responsibilities, ensure independent operation and effective checks and balances among them, and form a scientific and efficient decision-making, incentive and restraint mechanism.
Article 11 An internal control financial leasing company shall, in accordance with the principles of comprehensiveness, prudence, effectiveness and independence, establish and improve its internal control system, prevent, control and dissolve risks, and ensure the safe and steady operation of the company.
Article 12 A risk management financial leasing company shall establish a comprehensive risk management system according to its organizational structure, business scale and complexity, so as to identify, control and resolve risks.
Article 13 A financial leasing company with related party transactions shall establish a related party transaction management system, and its related party transactions shall be conducted in accordance with commercial principles, and the conditions shall not be better than similar transactions of non-related parties.
When a financial leasing company votes or makes a decision on a transaction in which the lessee is an affiliated enterprise, the personnel related to the related transaction shall withdraw. Major related party transactions of a financial leasing company shall be approved by the shareholders' (general) meeting or the board of directors.
The regulatory requirements of these Measures for related party transactions are not applicable to the transactions between financial leasing companies and their holding subsidiaries and project companies.
Article 14 A financial leasing company shall obtain the ownership of the leased property according to law.
Article 15 Lease registration According to the provisions of national laws, the ownership of the leased property shall be registered, and the financial leasing company must go through the relevant registration procedures according to law. If the leased property does not belong to the property category that needs to be registered, the financial leasing company shall take effective measures to protect the legitimate rights and interests of the leased property.
Article 16 A financial leasing company that purchases the leased property shall purchase the leased property according to the lessee's requirements on the premise of signing a financial leasing contract or clarifying the financial leasing business intention. If it is necessary to purchase the leased property in advance under special circumstances, it shall be consistent with its existing business field or business plan, and its own risk management ability and professional management level.
Article 17 Valuation of Leased Property A financial leasing company shall establish and improve the valuation and pricing system of the leased property, and determine the rent level according to the value of the leased property, other costs and reasonable profits.
In the sale and leaseback business, a financial leasing company shall have a reasonable pricing basis that does not violate accounting standards as a reference for the purchase price of the leased property, and shall not buy at a low price or at a high price.
Article 18 A financial leasing company shall pay attention to the risk mitigation function of the leased property, closely monitor the risk coverage level of the value of the leased property to the financial leasing creditor's rights, and formulate effective risk response measures.
Article 19 Management of Unsecured Residual Value A financial leasing company shall strengthen the management of unsecured residual value of leased property, regularly evaluate unsecured residual value and conduct impairment test. When the unguaranteed residual value of the leased project shows signs of impairment, provision for impairment shall be made according to the requirements of accounting standards.
Article 20 Management of Leased Property Recovery A financial leasing company shall strengthen the risk management of leased property returned at the expiration of the lease term or recovered due to the lessee's breach of contract, establish and improve the lease property disposal system and process, and reduce the risks during the lease term.
Article 21 A sublease financial leasing company shall separately manage sublease and other forms of financial leasing assets and establish separate accounts. Sublease must be approved by the lessor.
Article 22 A financial leasing company shall, in strict accordance with accounting standards and other relevant provisions, truly reflect the essence and risk status of the transfer and transferee of financial leasing assets.
Article 23 Asset quality classification and reserve system A financial leasing company shall establish asset quality classification system and reserve system. On the basis of accurate classification, provision for asset impairment shall be made in full and on time to enhance the ability to resist risks.
Twenty-fourth credit management financial leasing companies can provide and inquire about financial leasing related information to credit reporting agencies in accordance with commercial principles.
Article 25 Guarantee Insurance Matters The financial leasing company and the lessee shall make full agreements on the guarantee, insurance and other matters related to the financial leasing business in order to maintain the transaction safety.
Chapter III Supervision Indicators
Article 26 The proportion of leased assets The proportion of financial leasing and other leased assets of a financial leasing company shall not be less than 60% of the total assets.
Article 27 The total risk assets of a leveraged multiple financing leasing company shall not exceed 8 times of its net assets. The total risk assets are determined according to the remaining assets of the total assets of the enterprise minus cash, bank deposits and national debt.
Twenty-eighth fixed-income securities investment financing leasing companies to carry out fixed-income securities investment business, shall not exceed 20% of the net assets.
Twenty-ninth centralized management of financial leasing companies should strengthen the management of key lessees, control the business ratio of single lessees and related party lessees, and effectively prevent and disperse business risks. Financial leasing companies shall comply with the following regulatory indicators:
(1) Single customer financing concentration. The balance of all financial leasing business of a financial leasing company to a single lessee shall not exceed 30% of its net assets.
(2) Financing concentration of single group customers. The balance of all financial leasing business of a financial leasing company to a single group shall not exceed 50% of its net assets.
(3) the relevance of a single customer. The balance of all financial leasing business of a financial leasing company to related parties shall not exceed 30% of its net assets.
(4) complete correlation. The balance of all financial leasing business of a financial leasing company to all related parties shall not exceed 50% of its net assets.
(5) the degree of association of a single shareholder. The financing balance of a single shareholder and all its related parties shall not exceed the capital contribution of the shareholder in the financial leasing company, and shall also comply with the provisions of these Measures on the degree of association of a single customer.
China Banking Regulatory Commission may make appropriate adjustments to the above indicators according to regulatory needs.
Chapter IV Supervision and Administration
Article 30 The China Banking Regulatory Commission shall be responsible for formulating the business operation, supervision and management rules of financial leasing companies.
Article 31 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government (hereinafter referred to as the provincial level) shall be responsible for formulating policies and measures to promote the development of financial leasing industry in their respective regions, supervising and managing financial leasing companies, and handling the risks of financial leasing companies. Provincial local financial supervision departments are specifically responsible for the supervision and management of local financial leasing companies.
Article 32 Classified supervision Local financial supervision departments shall supervise financial leasing companies according to their business scale, risk status and internal control management.
Article 33 Off-site supervision Local financial supervision departments shall establish off-site supervision systems, regularly analyze and monitor financial leasing companies by using information systems, and pay special attention to companies with high relevant indicators and high potential business risks. Provincial local financial supervision departments shall submit the development and supervision of local financial leasing companies in the previous year to China Banking Regulatory Commission before June 30 each year.
Article 34 On-site inspection The local financial supervision department shall establish an on-site inspection system, and the inspection of financial leasing companies shall include but not be limited to the following measures:
(1) Entering financial leasing companies and related places for on-site inspection;
(two) require the relevant personnel to explain the relevant inspection matters;
(three) to consult and copy the relevant documents and materials, and to register and save the documents and materials that may be transferred, destroyed, concealed or tampered with in advance;
(four) check the relevant information system.
The on-site inspection shall be approved by the person in charge of the local financial supervision department. On-site inspection, the number of inspectors shall not be less than 2, and shall produce legal documents and inspection notice. Relevant units and individuals shall cooperate with local financial supervision departments to carry out supervision and inspection according to law, and truthfully provide relevant information, documents and materials, and shall not refuse, obstruct or conceal them.
Article 35 Supervision Talks According to the needs of performing their duties, the local financial supervision department may conduct supervision and management talks with the directors, supervisors and senior managers of the financial leasing company, and ask them to explain the major issues of the financial leasing company's business activities and risk management.
Thirty-sixth local financial supervision departments shall establish a mechanism for early warning, prevention and disposal of major risk events of financial leasing companies and formulate emergency plans for major risk events of financial leasing companies.
When a financial leasing company has a major risk event, it shall immediately take emergency measures and report to the local financial supervision department in time, which shall handle it in time.
Article 37 Publicity of illegal business information The local financial supervision department shall establish a database of illegal business information of financial leasing companies and their major shareholders, directors, supervisors and senior managers, and truthfully record relevant illegal information; If administrative punishment is given, it shall be publicized to the public according to law.
Thirty-eighth information submitted to the financial leasing company shall regularly submit statements to the local financial supervision department and the branches of the people's Bank of China at the same level.
Article 39 Reporting of Major Events A financial leasing company shall establish a major event reporting system and report to the local financial regulatory authorities within 5 working days after the following events occur: major related transactions, major pending lawsuits, arbitration and other major events required to be reported by the local financial regulatory authorities.
Article 40 Supervision and Cooperation The local financial supervision department shall establish a supervision and management coordination mechanism and an information sharing mechanism with relevant departments, study and solve major problems in the financial leasing industry within its jurisdiction, strengthen joint supervision, and form a joint force of supervision.
Forty-first supervision team building Local financial supervision departments should strengthen the supervision team building and equip full-time supervisors according to the supervision requirements and responsibilities. The number and ability of full-time supervisors should match the number of supervised objects.
Article 42 Trade Association The financial leasing trade association is a self-regulatory organization of the financial leasing industry and a social group legal person.
Financial leasing industry associations established according to law play the role of communication and coordination and industry self-discipline in accordance with the articles of association, perform the functions of coordination, rights protection, self-discipline and service, carry out industry training, theoretical research, dispute mediation and other activities, cooperate with local financial regulatory authorities, and guide financial leasing companies to operate in good faith, fair competition and steady operation.
Article 43 The accurate classification of local financial supervision departments requires accurate inspection of the operation and risk status of financial leasing companies within their jurisdiction by means of information cross-comparison, field visits, and acceptance of letters and visits. And according to the operation risk and violation, it is divided into normal operation, abnormal operation and illegal operation.
Forty-fourth normal operation refers to the financial leasing company operating in compliance with the law. The local financial supervision department shall, according to the place of registration, review the business license, articles of association, register of shareholders, list and resume of senior management personnel, audited balance sheet, income statement, cash flow statement and other materials required for normal operation of the financial leasing company.
For enterprises that accept and cooperate with supervision, have business premises in the place of registration and truthfully and completely fill in the information, the provincial local financial supervision department shall be included in the supervision list in time after reporting to the CBRC for review.
Article 45 Abnormal operation Abnormal operation mainly refers to financial leasing companies with abnormal operation such as "losing contact" and "empty shell".
"Lost contact" refers to a financial leasing company that meets one of the following conditions: unable to get in touch; Can't find it in the field investigation of the enterprise registration place; Although you can contact the staff of the enterprise, they don't know and can't contact the actual controller of the enterprise; Failing to submit the monthly report according to the regulatory requirements for 3 consecutive months.
"Empty shell" refers to a financial leasing company that meets one of the following conditions: failing to submit and publicize the annual report of the previous year through the national enterprise credit information publicity system according to law; The monthly regulatory report of the last six months shows that there is no operation; No tax record or "zero declaration" in the past 6 months; There is no social security payment record in the past 6 months.
Local financial supervision departments should urge enterprises with abnormal and illegal operations to rectify. Abnormal business enterprises that pass the rectification and acceptance can be included in the supervision list; Those who refuse to rectify or fail to pass the rectification and acceptance shall be included in the list of illegal and untrustworthy, and advised to apply for changing the name and business scope of the enterprise, voluntarily cancel or coordinate the market supervision department to revoke its business license according to law.
Forty-sixth illegal business illegal business refers to the financial leasing company's business behavior in violation of laws and regulations and the provisions of these measures. If the violation of laws and regulations is minor and the rectification and acceptance are qualified, it can be included in the supervision list; If the rectification and acceptance is unqualified or the violation of laws and regulations is serious, the local financial supervision department shall punish or ban it according to law, and the suspected illegal crime shall be promptly transferred to the public security organ for investigation.
Article 47 Consultation mechanism Provincial local financial supervision departments shall establish consultation mechanism with market supervision departments and strictly control the registration of financial leasing companies. When a financial leasing company changes its company name, organizational form, company domicile or business premises, registered capital, or adjusts its shareholding structure, it shall fully communicate with the provincial local financial supervision department in advance and reach an agreement.
Chapter V Legal Liability
Forty-eighth financial leasing companies violate the institutional responsibilities stipulated in laws and regulations and these Measures, and if there are penalties in relevant laws and regulations, such provisions shall prevail; If the relevant laws and regulations do not stipulate punishment, the local financial supervision department may take supervision measures such as supervision talks, issuing warning letters, ordering correction within a time limit, and informed criticism; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 49 Where the personnel liability punishes the financial leasing company in accordance with the laws and regulations and these Measures, the local financial supervision department may, according to the specific circumstances, take supervision measures such as informed criticism and being included in the list of illegal and untrustworthy personnel. If the circumstances are serious, it shall be punished in accordance with the laws and regulations; If a crime is constituted, criminal responsibility shall be investigated according to law.
Fiftieth illegal fund-raising financial leasing companies that absorb or disguise public deposits and other forms of illegal fund-raising shall be punished in accordance with laws, administrative regulations and relevant state regulations; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Article 51 Detailed Rules The provincial people's government shall formulate detailed rules for the supervision and management of financial leasing companies within its jurisdiction according to these Measures and report them to the China Banking Regulatory Commission for the record.
Fifty-second transitional arrangements The financial leasing companies established before the implementation of these Measures shall meet the requirements of these Measures within the transitional period stipulated by the provincial local financial supervision departments. The transition period shall not be later than 202 1 12 3 1.
Article 53 The meanings of the following terms in these Measures are:
(1) A related party means that one party controls, * * jointly controls or exerts significant influence on the other party, and two or more parties are jointly controlled, * * jointly controlled or exerts significant influence by one party according to the Accounting Standards for Enterprises No.36-Disclosure of Related Parties. An enterprise that is only controlled by the state and has no other related party relationship does not constitute a related party.
(2) Major related party transactions refer to transactions in which the amount of a single transaction between a financial leasing company and its related parties accounts for more than 5% of its net assets, or the balance of transactions between a financial leasing company and its related parties accounts for more than 65,438+00% of its net assets.
Article 54 The China Banking Regulatory Commission shall be responsible for the interpretation of these Measures.
Article 55 Effective date: These Measures shall come into force as of the date of promulgation. Before the implementation of these measures, if the relevant provisions are inconsistent with these measures, these measures shall prevail.