Can I register a purely domestic funded financial leasing company?

Financial leasing means that the lessor purchases the leased object from the supplier and leases it to the lessee for use according to the specific requirements of the lessee for the leased object and the choice of the supplier, and the lessee pays rent to the lessor in installments, and the ownership of the leased object belongs to the lessor during the lease period, and the lessee has the right to use the leased object. After the expiration of the lease term, the rent is paid and the lessee performs all its obligations in accordance with the provisions of the financial lease contract, if there is no agreement on the ownership of the leased property or the agreement is unclear, it may be supplemented by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant terms of the contract or transaction customs, and if it is still uncertain, the ownership of the leased object shall belong to the lessor.

The registration of financial leasing companies is divided into the registration of Sino-foreign joint venture financial leasing companies, the registration of wholly domestic-owned financial leasing companies and the registration of wholly foreign-owned financial leasing companies.

Sino-foreign joint ventures and wholly foreign-owned financial leasing companies shall be examined and approved by the Ministry of Commerce of the People's Republic of China and the provincial and municipal commissions of commerce, while domestic financial leasing companies shall be jointly confirmed and approved by the Ministry of Commerce and the State Administration of Taxation. The registration conditions of Sino-foreign joint ventures and wholly foreign-owned financial leasing companies are different from those of domestic financial leasing companies, but the main indicators are industry experience, financial strength, market resources and human resources.

Purely domestic capital cannot be registered.

Hello, financial leasing is purely domestic and cannot be handled.

Domestic financial leasing enterprises shall have articles of association in accordance with the provisions of the Company Law of the People's Republic of China. It has a registered capital that meets the requirements, a good internal governance structure, a sound internal management system and a risk control system, and is equipped with personnel with professional qualifications in economics, finance, law, accounting, etc. Have a business premises that meet the requirements.

The business areas to be carried out by domestic financial leasing enterprises shall be in line with the national industrial orientation.

1. Conditions for the establishment of the company.

1. Shareholders comply with the provisions of the "Investment Law" and these measures; 2. There are articles of association in accordance with the "Investment Law", "Company Law" and the provisions of the China Securities Regulatory Commission; 3. The registered capital shall not be less than RMB 100 million, and the shareholders must pay in monetary funds, and the overseas shareholders shall make capital contributions in freely convertible currencies; 4. There are no less than 15 proposed senior management personnel and personnel engaged in research, investment, valuation, marketing and other businesses in accordance with laws, administrative regulations and the provisions of the China Securities Regulatory Commission, and shall obtain the best qualifications; 5. Have business premises, safety facilities and other facilities related to business that meet the requirements; 6. Set up an organizational structure and work positions with reasonable division of labor and clear responsibilities; 7. There are internal control systems such as supervision and audit and risk control in line with the regulations of the China Securities Regulatory Commission; 8. Other conditions stipulated by the China Securities Regulatory Commission approved by the China Securities Regulatory Commission.

2. Conditions for applying for a trust and investment company.

To establish a trust and investment company, it shall apply for the approval of the People's Bank of China and obtain the "Trust Institution Legal Person License". An application for the establishment of a trust and investment company shall meet the following conditions:

1. Have articles of association in accordance with the Company Law of the People's Republic of China and the provisions of the People's Bank of China;

2. Shareholders with the qualifications stipulated by the People's Bank of China;

3. Have the minimum registered capital stipulated by the trust and investment management company (not less than 300 million yuan, and not less than 15 million US dollars in foreign exchange business);

4. There are senior management personnel with the qualifications stipulated by the People's Bank of China and trust practitioners suitable for their business;

5. Have a sound organizational structure, trust business operation rules and risk control system;

6. Have business premises, safety precautions and other facilities related to business that meet the requirements;

7. Other conditions stipulated by the People's Bank of China.

The establishment of a trust and investment company shall be subject to the People's Bank of China's examination of the application in accordance with the needs of economic development and the state of the trust market.

Legal analysis: The Measures for the Administration of Financial Leasing Companies stipulate the conditions for the establishment of financial leasing companies, and the establishment of domestic financial leasing companies shall meet the following conditions:

1) Have articles of association in accordance with the Company Law of the People's Republic of China and the provisions of the CBRC;

2) There are promoters who meet the prescribed conditions;

3) The registered capital shall be a one-time paid-in monetary capital, with a minimum limit of RMB 100 million or its equivalent in freely convertible currency;

4) There are directors and senior managers who meet the qualifications, and the employees have more than 3 years of financial or financial leasing work experience shall not be less than 50% of the total number;

5) Establish an effective corporate governance, internal control and risk management system;

6) Establish an information technology framework that is compatible with business operations and regulatory requirements, have the necessary, secure and compliant information systems to support business operations, and have the technologies and measures to ensure business continuity;

7) Have business premises, safety precautions and other facilities suitable for business operations;

8) Other prudential conditions stipulated by the CBRC.

When setting up a domestic financial leasing company, it is necessary to pay attention to the different policies of each region and choose the appropriate region to submit an application for registration.

Legal basis: "Measures of the People's Republic of China for the Administration of Financial Leasing Companies" Article 7 to apply for the establishment of a financial leasing company, shall meet the following conditions:

1) Have articles of association in accordance with the Company Law of the People's Republic of China and the provisions of the CBRC;

2) There are promoters who meet the prescribed conditions;

3) The registered capital shall be a one-time paid-in monetary capital, with a minimum limit of RMB 100 million or its equivalent in freely convertible currency;

4) There are directors and senior managers who meet the qualifications, and the employees have more than 3 years of financial or financial leasing work experience shall not be less than 50% of the total number;

5) Establish an effective corporate governance, internal control and risk management system;

6) Establish an information technology framework that is compatible with business operations and regulatory requirements, have the necessary, secure and compliant information systems to support business operations, and have the technologies and measures to ensure business continuity;

7) Have business premises, safety precautions and other facilities suitable for business operations;

8) Other prudential conditions stipulated by the CBRC.

Eighth financial leasing company sponsors include registered in China and abroad with independent legal personality of commercial banks, registered in China, the main business is to manufacture suitable financial leasing products of large enterprises, registered outside China financial leasing companies and other sponsors recognized by the CBRC.

Conditions for the establishment of various types of financial leasing companies.

1. Financial leasing companies.

The conditions for the establishment of a financial leasing company are strict, and the core conditions are as follows:

First, there must be promoters who meet the prescribed conditions, including commercial banks registered in China and abroad with independent legal personality, large enterprises registered in China whose main business is manufacturing products suitable for financial leasing transactions, financial leasing companies registered outside China, and other sponsors recognized by the CBRC;

Second, the registered capital is a one-time paid-in monetary capital, with a minimum limit of RMB 100 million or its equivalent in freely convertible currency;

Third, there are directors and senior managers who meet the qualifications, and the employees with more than 3 years of financial or financial leasing work experience shall not be less than 50% of the total number;

Fourth, we have established an effective corporate governance, internal control and risk management system.

2. Domestic pilot financial leasing companies.

The conditions for the establishment of domestic-funded pilot financial leasing companies are also more stringent, and the core conditions are as follows:

First, low registered capital should be reached.

$170 million;

Second, it has a sound internal management system and risk control system;

Third, have the corresponding financial, legal, accounting and other professionals, senior management personnel should have no less than three years of experience in the leasing industry.

In addition, it is worth noting that domestic financial leasing enterprises do not need to perform pre-approval procedures when registering, nor do they need to pay in registered capital. As for whether an enterprise that has not handled the qualification of a pilot enterprise can engage in financial leasing business, we believe that since laws and administrative regulations do not stipulate that it is necessary to apply for a pre-license, the financial leasing business can be carried out after the enterprise has gone through the industrial and commercial registration. However, in its official reply in 2021, the Ministry of Commerce held that domestic financial leasing enterprises that are not included in the list of financial leasing pilot enterprises cannot engage in financial leasing business although the business scope of their business licenses includes financial leasing, based on the above-mentioned Shang Jianfa [2021] No. 560.

3. Foreign-funded financial leasing companies.

The conditions for the establishment of foreign-funded financial leasing companies are relatively relaxed, and the core conditions are as follows:

First, the registered capital is not less than.

US$10 million;

second, the operating period is generally not more than 30 years;

Third, have the corresponding professionals, senior managers should have the corresponding professional qualifications and not less than three years of experience.

Domestic financial leasing enterprises refer to industrial and commercial enterprises established by enterprises or natural persons in China in accordance with the law to operate financial leasing business, the following is my collation of the application conditions for the registration of domestic financial leasing companies, I hope to help you!

1. Application requirements

The following conditions shall be met when applying for the establishment of a domestic-funded pilot financial leasing company

1. The minimum registered capital should reach 170 million yuan;

2. Have a sound internal management system and risk control system

3. Have corresponding professionals in finance, law, accounting, etcSenior management should have at least three years of experience in the leasing industry;

4. Good business performance in the past two yearsThere is no record of violation of laws and regulations;

5. Have an industry background related to the financial leasing products they are engaged in;

6. Other conditions stipulated by laws and regulations.

2. Approval process

1. The competent departments of commerce of all provinces, autonomous regions, municipalities directly under the Central Government and cities specifically designated in the state plan shall be based on the actual situation of the development of the leasing industry in the regionRecommend 1-2 companies to engage in various advanced or applicable production, communications, medical, environmental protection, scientific research and other equipmentEnterprises in the leasing business of construction machinery and transportation vehicles (including aircraft, ships, automobiles, etc.) participate in the pilot work;

2. After the recommended enterprise is jointly confirmed by the Ministry of Commerce and the State Administration of TaxationIncluded in the scope of financial leasing pilots.

3. Submission of materials

1) Letter of recommendation from the provincial competent department of commerce;

2) Application and feasibility study report for enterprises engaged in financial leasing business;

3) A copy of the business license (photocopy);

4) Articles of AssociationDocuments of the internal management system and risk control system of the enterprise;

5) Financial accounting reports for the past three years issued by qualified accounting firms;

6) No record of violations of laws and regulations in the past two years;

7) List of senior management and proof of qualifications.

According to the notice of the Ministry of Commerce and the State Administration of Taxation on issues related to engaging in financial leasing business

Pilot enterprises engaged in financial leasing business (hereinafter referred to as financial leasing pilot enterprises) shall meet the following conditions at the same time:

1) The minimum registered capital of domestic leasing enterprises established before August 31, 2001 (inclusive) shall reach 40 million yuan, and the minimum registered capital of domestic leasing enterprises established between September 1, 2001 and December 31, 2003 shall reach 170 million yuan;

2) Have a sound internal management system and risk control system;

3) Have the corresponding financial, legal, accounting and other professionals, senior management personnel should have no less than three years of experience in the leasing industry;

4) Good business performance in the past two years, no record of violations of laws and regulations;

5) Have an industry background associated with the financial leasing products they are engaged in;

6) Other conditions provided for by laws and regulations.