The person in charge of the relevant departments of the China Banking and Insurance Regulatory Commission answered the reporter's question on the "Administrative Measures for the Financial Company (Draft for Soliciting Opinions)"
Author:Bank of China Insurance Superv Time:2022.08.02
In order to strengthen the supervision of the financial company of the enterprise group, promote the high -quality development of the industry, and further enhance the quality of the real economy, the CBRC has revised the "Management Measures for the Financial Company of the Enterprise Group (" Draft for Soliciting Opinions) "(hereinafter referred to as the" Draft for Soliciting Opinions ") Essence The person in charge of the relevant departments of the CBRC answered questions from reporters on related issues.
1. What is the revision background of "Draft for Solicitation of Opinions"?
With the changes in the economic and financial situation, the "Administrative Measures for the Financial Company of the Enterprise Group" (Order of the China Banking Regulatory Commission No. 8) can no longer meet the needs of the high -quality development and effective supervision of the financial company industry. First, the regulations have been formulated earlier, and many aspects such as market access standards, opening -up policies, business scope and regulatory requirements are obviously inconsistent with high -quality economic development requirements. Second, in recent years, corporate group operating risks have become increasingly prominent. Individual financial companies have been used by groups to use their groups to become foreign financing tools to accelerate industrial risks into financial risks. The policy environment, external image and reputation also challenged industry supervision.
2. What are the revision principles and basic frameworks of the "Draft for Soliciting Opinions"?
The revision of the "Draft for Soliciting Opinions" adheres to the following principles: First, adhere to the basic positioning. Summarize the experience of the development and supervision of the industry's industry, and adhere to the functional positioning of the financial company's "relying on the group and the service group". The second is to strengthen risk management. Optimize risk supervision indicators and strengthen corporate governance supervision. The third is to deepen classification supervision. Re -define the scope of business, implement limited licenses, and strengthen the supervision orientation of adhering to the main business and preventing risks. The fourth is to expand opening to the outside world. Clarify the conditions of foreign capital access and maintain the consistency of China and foreign countries.
"Draft for Solicitation of Opinions" has 7 chapters and 62 articles, including general rules, institutional establishment and changes, business scope, corporate governance, supervision and management, risk disposal and market exit, attachment, etc.
3. What is the main revised content of the "Draft for Soliciting Opinions"?
The revision of the "Draft for Soliciting Opinions" has made relatively large adjustments compared to the original "Administrative Measures for the Financial Company of Enterprise Group", focusing on market access, business scope, regulatory indicators, and corporate governance.
The first is to adjust market access standards and expand opening to the outside world. Adjust the license conditions of the corporate group applied for the establishment of a finance company, and it is clear that the multinational group can directly initiate the establishment of a foreign financial company. The second is to highlight the focus of supervision and improve the efficiency of supervision. In accordance with the principle of "essentially focusing on form", further optimize the service scope of financial companies, and uniformly clarify the relevant administrative license procedures and application materials requirements of financial companies, uniformly uniformly in the "Implementation Measures for the Implementation of Administrative Licensing of non -bank financial institutions". The third is to optimize business scope and implement business grading supervision. The non -core business business that failed to serve the development of the group, lower external costs, and stronger alternatives, distinguished financial companies to implement hierarchical supervision to internal basic business and foreign special businesses. The fourth is to optimize regulatory indicators and strengthen risk monitoring and early warning. A supervisory indicators such as some bill business and the group's external liabilities are added to strive to achieve early discovery, early warning, and early disposal of the risk of financial companies. Fifth, strengthen the supervision of upward extension to prevent the group's industrial risks. In view of the high correlation and risk conduction of enterprise groups and financial companies, related measures to strengthen shareholders' supervision have been increased. Sixth, strengthen the requirements of corporate governance supervision and enhance the independence of legal persons. In accordance with the relevant regulations such as the "Banking Industry Supervision and Administration Law" and "Bank Insurance Institutions' Company Governance Guidelines", it has increased corporate governance requirements with characteristics of financial companies. Seventh, improve the risk disposal and exit mechanism, and make up for the shortcomings of the system. Increase related clauses of financial companies, and formulate related content to formulate restoration and disposal plans.
4. The "Draft for Solicitation of Opinions" stipulates how the market access standards for the establishment of a financial company have changed?
During the revision of the "Draft for Soliciting Opinions", we adjusted the market access standards of financial companies with reference to my country's economic growth data announced by the National Bureau of Statistics. First, the total assets requirements for enterprise groups applying for the establishment of a financial company were 5 billion yuan from 5 billion yuan Adjustment to 30 billion yuan, the total operating income requirement is adjusted from 4 billion yuan to 20 billion yuan, the total amount of pre -tax profit requirements are adjusted from 200 million yuan to 1 billion yuan, and the revenue capital requirements are adjusted from 800 million yuan to 5 billion yuan. Basically consistent with the level of economic growth. The second is to clarify the conditions of the corporate group's currency funds of not less than 5 billion yuan and the number of member units not less than 50, and emphasize that the corporate group's own funding capabilities and the number of member units are required. The third is to increase non -financial enterprises as controlling shareholders for more than 3 years, net assets ratio is not less than 40%, and the ratio of equity investment ratio is not higher than 40%. It emphasizes stricter requirements for controlling shareholders. The fourth is to adjust the registered capital of financial companies from 100 million yuan to 1 billion yuan to enhance the financial company to resist risks.
Generally speaking, the adjustment of the market access standards of the financial company's market access standards reflects the supervisory orientation of strict access, selection of excellent selection and selection, and guiding enterprise groups to apply for the establishment of financial companies rationally.
5. How does "Draft for Soliciting Opinions" reflect the expansion of opening up?
In 2021, the Central Economic Work Conference emphasized that "promoting the institutional type and the implementation of the national treatment of foreign enterprises." The "Draft for Soliciting Opinions" has implemented the requirements of the opening of the foreign open policy. It clarifies that foreign multinational groups can set up financial companies directly, and they can also set up financial companies through its foreign -invested companies established in China. The access conditions for foreign financial companies are consistent with Chinese -funded institutions. 6. How to optimize the business scope of the financial company's business and reduce the business on the industry on how to optimize the business scope of the financial company?
The "Draft for Soliciting Opinions" has reduced the business of "issuance bonds, equity investment, guarantee, credit asset securitization, derivative product transactions, financial leasing, insurance agency, entrusted investment" and other businesses. Functional business. The first is to fully learn the risk lessons of bankruptcy and high -risk financial companies, resolutely prevent financial companies from becoming a foreign financing platform for enterprise groups, and emphasize that financial companies' funding sources and positioning are all in the group. The second is that in practice, relevant businesses fail to provide effective financial services and support for the development of the main business of enterprise groups. The cost of providing services from external services is lower and the replacement is stronger. After data calculation and industry survey, the relevant business balance accounts for not more than 3%of the total assets of the industry. In addition, we have also set up a transition period on the adjustment of relevant business. Essence
The "Draft for Soliciting Opinions" also stipulates that the implementation of business grades in the implementation of financial companies, providing financial companies in motivation, stimulating the vitality of the market entity, and guiding companies with better operating conditions to improve the financial service real economy capabilities. To serve the group's internal deposits, loans, and settlement as a basic business that can be carried out as a financial company; the financial company must have relevant conditions to carry out the relevant conditions before the borrowing and bill acceptance with certain risk extension.
Generally speaking, the "Draft for Soliciting Opinions" optimizes the business scope of the financial company, which is conducive to further strengthening the main responsibility business of the financial company, guiding them to adhere to the correct positioning, focus on serving the internal service group, and better serve the real economy development.
7. What regulatory indicators are newly added in "Draft for Soliciting Opinions"?
In recent years, individual enterprise groups have used financial companies to issue a large number of bills without real trade backgrounds. After the group has a business crisis, the acceptance of the financial company's acceptance bills will overdue, causing a significant social impact. In order to strengthen the bill business supervision, the "Draft for Soliciting Opinions" newly adds "the bill acceptance balance must not exceed 15%of the total assets, the balance of the acceptance bill margin shall not exceed 10%of the total deposit, and the total amount of bill acceptance and reposting shall not be higher than the net capital." Such as regulatory indicators; the original monitoring index "not allowed the balance of the bills to accept three times the balance of the same industry, and the loan balance must not be higher than the deposit balance and 80%of the actual capital". " , Control the total foreign business of financial companies, and strengthen the risk recognition, early warning and disposal of financial companies' foreign businesses.
8. What are the requirements for company governance and shareholders' supervision?
At present, behind the major risk events of some financial companies, it is often revealed that the company's group controls the management of the financial company and the financial company's own company's own company's serious failure, which leads to the accumulation and spread of the risk of financial companies. Therefore The "chapters of governance will increase the content of the party's leadership, internal control, risk management, shareholders' equity and related transaction management, etc., clarify that shareholders, actual controllers and groups shall not interfere with financial companies' business operations, and strengthen the management of financial companies' characteristics. In view of the high correlation and risk conduction of enterprise groups and financial companies, the "Draft for Soliciting Opinions" has increased the requirements of the financial company to report to the relevant report data and operating conditions of its group group; Or investigate the requirements of shareholders, inquire about relevant personnel, and read relevant information to strengthen the supervision of shareholders.
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