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A financial license refers to a legal document issued by the China Banking Regulatory Commission (hereinafter referred to as the CBRC) to franchise financial institutions to engage in financial business. The financial license is applicable to financial institutions supervised by the CBRC and approved to operate financial business. Financial institutions include policy banks, commercial banks, rural cooperative banks, urban credit cooperatives, rural credit cooperatives, village and township banks, loan companies, ** mutual fund cooperatives, **asset management companies, trust companies, enterprise group finance companies, financial leasing companies, auto finance companies, money brokerage companies, etc.
The China Banking Regulatory Commission (CBRC) implements the management principles of hierarchical authorization and appropriate separation of institutional approval power and license issuance power for financial licenses.
1) The CBRC is responsible for the issuance and management of financial licenses for financial legal entities (policy banks, state-owned commercial banks, joint-stock commercial banks, ** asset management companies, trust companies, enterprise group finance companies, financial leasing companies, etc.) under its direct supervision; Responsible for the issuance and management of financial licenses for foreign-funded financial institutions such as wholly foreign-funded banks and their branches, Sino-foreign joint venture banks and their branches, branches of foreign banks, wholly foreign-owned finance companies and Sino-foreign joint venture finance companies.
2) The CBRC is responsible for the issuance and management of financial licenses for the following institutions:
1.Branches of policy banks, state-owned commercial banks and joint-stock commercial banks (including non-local branches) within their jurisdiction;
2.**Branches (offices) of asset management companies;
3.City commercial bank legal entities and their branches;
4.Institutions below the branches of foreign-funded banks (excluding branches);
5.Non-bank financial institutions and their branches such as trust companies, enterprise group finance companies, and financial leasing companies other than those directly supervised by the CBRC;
6.Urban credit cooperatives, rural credit cooperatives (provincial, prefectural and municipal levels), rural commercial banks and rural cooperative banks;
7.Local village and township banks, loan companies, ** mutual fund cooperatives and local financial institutions in the same city business outlets.
3) The regional (city, prefecture) branch of the CBRC is responsible for the issuance and management of financial licenses for financial institutions other than the above-mentioned institutions and their branches.
When a financial institution obtains a financial license, it shall provide the following materials:
1) Approval documents of the CBRC or its dispatched agencies;
2) A letter of introduction from a financial institution;
3) The legal and valid identity certificate of the person receiving the permit;
4) Other materials required by the CBRC or its dispatched agencies.
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The financial license can be applied for through the formal Shanghai Stock Exchange.
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Legal analysis: 1. The financial license refers to the legal document issued by the China Banking Regulatory Commission (hereinafter referred to as He Jing) to franchise financial institutions to operate financial business in accordance with the law.
2. When a financial institution obtains a financial license, it shall provide the following materials: approval documents of the CBRC or its dispatched agencies; A letter of introduction from a financial institution; A valid identity certificate of the person receiving the permit; Other materials required by the CBRC or its dispatched agencies.
Legal basis: Commercial Bank Law of the People's Republic of China
Article 11 The establishment of a commercial bank shall be subject to the examination and approval of the banking regulatory authority.
Without the approval of the banking regulatory authority, no unit or individual may engage in commercial banking business such as taking deposits from the public, and no unit may use the word "bank" in its name.
Article 12 The establishment of a commercial bank shall meet the following conditions:
1) Have articles of association in accordance with the provisions of this Law and the Company Law of the People's Republic of China;
2) There is a minimum amount of capital registration that meets the requirements of this Law;
3) There are directors and senior managers with professional knowledge and business work experience;
4) Have a sound organizational structure and management system;
5) Have business premises, safety precautions and other facilities related to business that meet the requirements.
The establishment of a commercial bank shall also meet other prudential conditions.
Article 13 The minimum registered capital for the establishment of a national commercial bank shall be RMB 1 billion. The minimum registered capital for the establishment of an urban commercial bank is RMB 100 million, and the minimum registered capital for the establishment of a rural commercial bank is RMB 50 million. The registered capital should be paid-in capital.
The banking regulatory authority may, in accordance with the requirements of prudential supervision, adjust the minimum amount of registered capital, but it shall not be less than the limit specified in the preceding paragraph.
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Legal analysis: The threshold for registered capital of companies in the financial industry is high, and the paid-in registration system of registered capital is still implemented, so it is difficult to establish in the financial industry.
Legal basis: Company Law of the People's Republic of China
Article 5 The company must abide by laws and administrative regulations, abide by social morality and business ethics, be honest and trustworthy, accept the supervision of the public and assume social responsibility.
The rights and interests of the company are protected by law and are not infringed.
Article 6 To establish a company, an application for establishment registration shall be made to the company registration authority in accordance with the law. If the establishment conditions stipulated in this law are met, they shall be registered by the company registration authority as a limited liability company or a share****; If it does not meet the establishment conditions stipulated in this Law, it shall not be registered as a limited liability company or a share****.
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The business license needs to be processed through the following process:
1. The parties concerned collect relevant materials;
2. Submit to the registration authority where the business premises are located and apply for registration;
3. For those who meet the requirements, the registration authority shall issue a business license within 10 days from the date of registration.
Regulations on Individually-Owned Businesses
Article 8. To apply for registration as an individual industrial or commercial blind rock or household, it shall apply for registration with the registration authority where the business premises are located. The applicant shall submit an application for registration, proof of identity and proof of business premises.
Regulations on Individually-Owned Businesses
Article 9. After the registration authority examines the application materials in accordance with the law, it shall handle it in accordance with the following provisions:
1) Where the application materials are complete and conform to the statutory form, they shall be registered on the spot;
If the application materials are incomplete or do not meet the statutory form requirements, the applicant shall be informed of all the contents that need to be supplemented and corrected on the spot;
2) Where it is necessary to verify the substantive content of the application materials, the verification shall be carried out in accordance with the law, and a decision on whether to register the jujube key shall be made within 15 days from the date of acceptance of the application;
3) If it does not meet the requirements for the registration of individual industrial and commercial households, it shall not be registered and the applicant shall be notified in writing, explaining the reasons, and informing the applicant that he has the right to apply for administrative reconsideration and file an administrative lawsuit in accordance with the law.
If it is registered, the registration authority shall issue a business license within 10 days from the date of registration.
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How to apply for a mobile business license? The answer to this question is as follows: 1. The detailed steps and procedures for applying for a business license:
1) The first step is to approve the name. First, go to the industrial and commercial bureau to submit an application for name verification to determine the company type, name, registered capital, shareholders and capital contribution ratio, which takes 1-3 working days for review. If the name verification is passed, the name verification needs to be re-verified.
2) The second step is to submit the documents. After the name verification is passed, confirm the address information, executive information, and business scope, and submit a pre-application on the Aberdo Line. It takes 5-15 working days to submit the pre-application for review, and after the pre-examination is passed, go to the industrial and commercial bureau to submit the application materials according to the appointment time, and you will receive a notice of approval of establishment registration after submitting the materials.
3) The third step is to obtain a license. On the day of the appointment, bring the notice of approval of establishment registration and the original ID card of the person handling it, and go to the industrial and commercial bureau to collect the original and copy of the business license. Additional Information:
1. Materials to be prepared for business license: 1. Application for Establishment and Registration of the Company signed by the representative of the company's legal Sui; 2. Articles of association signed by all shareholders; 3. Certificate of qualification of legal person shareholder or ID card of natural person shareholder and its copy; 4. Copies of directors, supervisors and managers' appointment documents and ID cards; 5. Proof of designating a representative or entrusting a person; 6. ** ID card and its copy; 7. Proof of use of residence. Note: The preparation of proof of domicile use is divided into the following three situations:
1) If you have your own property, you need a copy of the real estate certificate and a copy of your ID card; (2) If renting a house, a copy of the real estate certificate signed by the landlord, a copy of the landlord's ID card, a lease contract signed and stamped by both parties, and a rent invoice are required; (3) If you rent an office building under the name of a company, you need a copy of the company's real estate certificate with the official seal, a copy of the company's business license, a lease contract signed and sealed by both parties, and a rent invoice. If the handling of the relevant situation is unclear, Nian Jinxiao can consult a lawyer to define it.
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Article 32 of the Law of the People's Republic of China on the Internal Management of Working Capital Loans for the Construction Industry of the People's Republic of China Chinese the People's Republic of China, the basic data file of the loan generally includes three parts: 1. The bank credit business file. Including the loan rules and regulations formulated by banks at all levels; Measurement of loan plans and the approval, allocation, implementation of indicators, etc.; Loan Register (Reference Form 6), Loan Disbursement Register, Deposits, Interest and Other Accounts; Procedures for handing over loan officers, etc.
2. Files of the borrowing unit. Generally, each borrowing unit is the object of filing, and business files are established on a household-by-household basis according to the type of loan. Its contents include:
The basic information of the borrower (reference format 7), the certificate of enterprise legal person, business license (copy), the statistical table of the enterprise, the statement of the banquet spine, the business status and other relevant information, and the return of the principal and interest of the loan, etc. 3. Loan contract file. Including loan application approval letter, loan officer pre-loan investigation, post-loan inspection report, loan contract, loan index notice (or IOU), loan interest rate adjustment notice (refer to Form 8), overdue loan notice, misappropriation loan processing notice, mortgage guarantee agreement or third party irrevocable guarantee (refer to Form 9), contract changes signed by both parties, supplementary written agreement and other written materials related to the contract.
Article 32 of the Chinese Construction Bank's Internal Measures for the Management of Working Capital Loans for the Construction Industry generally includes three parts: 1. Bank credit business files. Including the loan rules and regulations formulated by banks at all levels; Measurement of loan plans and the approval, allocation, implementation of indicators, etc.; Loan Register (Reference Form 6), Loan Disbursement Register, Deposits, Interest and Other Accounts; Procedures for handing over loan officers, etc.
2. Files of the borrowing unit. Generally, each borrowing unit is the object of filing, and business files are established on a household-by-household basis according to the type of loan. Its contents include:
The basic information of the borrower (reference format 7), the certificate of enterprise legal person, business license (copy), enterprise statistical table, accounting statements, business status and other relevant information, and the return of principal and interest of the loan, etc. 3. Loan contract file. Including loan application approval letter, loan officer pre-loan investigation, post-loan inspection report, loan contract, loan index notice (or IOU), loan interest and auspicious ratio adjustment notice (refer to Form 8), overdue loan notice, misappropriation of loan treatment notice, mortgage guarantee agreement or third party irrevocable guarantee (refer to Form 9), contract modification signed by both parties, supplementary written agreement and other written materials related to the contract.
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Legal analysis: It is necessary to obtain the administrative permission of the regulatory authority, and it is recommended to contact the local banking regulatory bureau.
Legal basis: Company Law of the People's Republic of China
Article 6 To establish a corrupt company, it shall apply to the company registration authority for establishment and registration in accordance with the law. If the establishment conditions stipulated in this Law are met, they shall be registered as a limited liability company or a stock company by the company registration authority; If it does not meet the establishment conditions stipulated in this Law, it shall not be registered as a limited liability company or a share****.
Where laws and administrative regulations stipulate that the establishment of a company must be submitted for approval, the approval formalities shall be completed in accordance with the law before the company is registered.
The public may apply to the company registration authority for inquiries about the company's registration matters, and the company registration authority shall provide inquiry services for Qingzhao.
Article 7 The company established in accordance with the law shall be issued a business license by the company registration and hail leasing authority. The date of issuance of the company's business license is the date of incorporation of the company.
The company's business license shall indicate the company's name, domicile, registered capital, business scope, name of legal representative, and other matters.
If there is a change in the items recorded in the company's business license, the company shall go through the change registration in accordance with the law, and the company registration authority shall renew the business license.
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