1, different basic concepts
Financing guarantee refers to the behavior that the guarantor agrees with creditors such as banking financial institutions that the guarantor shall bear the guarantee liability stipulated in the contract in accordance with the law when the guarantor fails to perform the financing debts owed to the creditors (Article 2 of the Interim Measures for the Administration of Financing Guarantee Companies).
Non-financing guarantee institutions refer to those legally established within the administrative area of People's Republic of China (PRC) without obtaining the Business License of People's Republic of China (PRC) Financing Guarantee Institutions, which actually provide guarantee services for legal persons and natural persons.
It can also be seen from the above provisions that the requirements of financing guarantee are stricter than those of non-financing guarantee. Moreover, if the guarantee company wants to engage in the financing guarantee business, it also needs to obtain the corresponding approval. It is not a financing guarantee company, as long as it goes through the industrial and commercial registration procedures. At the same time, it is not necessary to obtain the Business License of People's Republic of China (PRC) Financing Guarantee Agency.
2. Different business scope
In fact, financing guarantees are basically guarantees involving loans. Such as loan guarantee, letter of credit guarantee, bond issuance guarantee and other financing guarantee. It can be said that financing guarantee mainly solves the guarantee problem when companies and individuals borrow money. Of course, the design conditions of financing guarantee companies are also more demanding.
The business scope of non-financing guarantee and financing guarantee is much smaller. Only by litigation can the guarantee be preserved; Bid guarantee, advance payment guarantee, project performance guarantee, final payment guarantee and other performance guarantee services; Intermediary services such as financing consultation and financial consultancy related to guarantee business; Invest with its own funds; Other businesses specified by the regulatory authorities.
At the same time, it should be noted that financing guarantee companies can run non-financing guarantee business concurrently, not financing guarantee companies, and cannot run financing guarantee business concurrently. It can be said that financing guarantee companies can engage in a wider range of business and have greater profit space. Of course, the development of financing guarantee business is not something you can do if you want.
Of course, the most fundamental difference between financing guarantee business and non-financing guarantee business is that financing guarantee business can borrow money from banks (that is, obtain bank credit) and then lend money to enterprises or individuals in need, while non-financing guarantee business cannot.
3. Different levels of supervision and management.
We all know that as long as it is related to money and relationships, the supervision system will be very strict. This is also the main reason why Alibaba's listing road was stopped. This is also the reason why JD.COM Science and Technology voluntarily withdrew its listing application.
There are many standards that financing companies need to abide by when operating financing guarantee business. There are specific restrictions on the guarantee amount, guarantee limit, investment amount, guarantee compensation reserve and liability reserve of financing guarantee companies.
At the same time, in the actual operation process of financing guarantee companies, regulators can also improve these risk prevention indicators according to the actual development of financing guarantee business. It can be said that it is difficult for financing guarantee companies to develop healthily under such monitoring.
For non-financing guarantee companies, there is basically no supervision. This has also led many people to enter this industry. In the fierce competition, non-financing guarantee companies have to engage in low-price marketing in order to survive. In this way, the living space of non-financing guarantee companies is even smaller, leading to vicious competition in their industries.
Legal basis: According to the relevant provisions of China's Interim Measures for the Administration of Financing Guarantee Companies, financing guarantee refers to the act that a financing guarantee institution, as a guarantor, agrees with the creditors of financial institutions such as banks that when the guarantor fails to perform financing debts to the creditors as agreed, the guarantor will assume the repayment responsibility. Non-financing guarantee generally refers to litigation preservation, performance guarantee and engineering guarantee. Business types are different. The business of financing guarantee companies can be divided into loan guarantee, bond issuance guarantee and other financing guarantees. The business of non-financing guarantee companies mainly includes: engineering guarantee, supply guarantee and litigation guarantee. The main business of financing guarantee companies is secured loans! Small and medium enterprises and personal loans! At the same time, from the name: financing guarantee companies can borrow money from banks (bank credit) and lend funds to borrowers.