Financing guarantee company, what is a financing guarantee company

Financing guarantee company refers to a limited liability company and shares established in accordance with the law to operate financing guarantee business. Financing guarantee refers to the act of agreeing between the guarantor and creditors such as banking financial institutions that when the guarantor fails to perform the financing debt owed to the creditor, the guarantor shall bear the guarantee liability agreed in the contract in accordance with the law.

In layman's terms, it is the former you mentioned, which guarantees the enterprise to the bank, and the bank lends to the enterprise; Of course, if the guarantee company compensates for you, your own cost is relatively large, and the guarantee company does not guarantee you out of thin air, you need to provide certain counter-guarantee measures.

Those who lend money directly to you at high interest rates are generally the so-called "water companies", which are clearly called private loans, but in fact they are usury.

Distinguish whether it is a financing guarantee company to see two points, one is the industrial and commercial business license, whether there is "financing" in the name, and the other is to see whether there is a "People's Republic of China financing guarantee agency financial license", the certificate is issued by the provincial people's financial authorities, with these two things are generally a formal financing guarantee company (but some companies have not changed their names in recent years, as long as they have a financial license is a formal financing guarantee company).

I work for a financing guarantee company, and I hope the above can be useful to you.

It is A who buys something for B and then rents it to B, and the ownership belongs to A, and B can finally buy it or depreciate it to A.

Guarantee companies are divided into two categories, financing and non-financing, and your so-called financial license refers to financing guarantee companies. The main concept of a financing guarantee company refers to the establishment of the provincial and municipal financial management offices, and the main business content is to provide customers with guarantees and make loans in banks. It is an important cooperative unit of the bank.

Non-financing guarantee companies only need to register with the industrial and commercial bureau to carry out intermediary services and financial management in the private sector. Applicable service charges apply. The handling of financing guarantee companies is much more business than the review of non-financing and leading guarantee companies, and the financing guarantee companies in all markets account for about 10% of all guarantee companies.

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The following conditions are required for the establishment of a financing guarantee company: 1. The number of shareholders meets the requirements of the law and has the ability to continuously make capital contributions; 2. Have registered capital in accordance with the law; 3. Formulate the articles of association of the company in accordance with the law; 4. There are directors, supervisors and senior managers who meet the qualifications; 5. Other prudential conditions stipulated by the regulatory authorities.

[Legal basis].

Article 9 of the Interim Measures for the Administration of Financing Guarantee Companies shall meet the following conditions for the establishment of financing guarantee companies: (1) There are articles of association in accordance with the provisions of the Company Law of the People's Republic of China. (2) Shareholders with the ability to continuously make capital contributions.

3) Have a registered capital in accordance with the provisions of these measures. (4) There are directors, supervisors, senior managers and qualified practitioners who meet the qualifications for the appointment of the wheel bridge. (5) Have a sound organizational structure, internal control and risk management system.

6) There is a business place that meets the requirements. (Tong refers to 7) other prudential conditions stipulated by the regulatory authorities. The measures for the management of the qualifications of directors, supervisors, senior managers and practitioners shall be formulated separately by the inter-ministerial joint meeting for the supervision of financing guarantee business.

The establishment of a financing guarantee company and its branches shall be subject to the review and approval of the regulatory authorities. No unit or individual shall operate financing guarantee business without the approval of the regulatory authorities, and shall not use the word financing guarantee in its name, except as otherwise provided by laws and administrative regulations.

The establishment of a financing guarantee company shall meet the following conditions:

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

(2) Shareholders with the ability to continuously make capital contributions.

3) Have a registered capital in accordance with the provisions of these measures.

The minimum amount of registered capital of a financing guarantee company shall be determined by the regulatory authorities of each province, autonomous region and municipality directly under the Central Government according to the actual local situation, but shall not be less than RMB 5 million, and the registered capital shall be paid-in monetary capital. That is to say, the minimum registered capital of each province, autonomous region and municipality directly under the Central Government to set up a financing guarantee company shall be determined by the local regulatory authorities according to the actual needs of the local economic and social development and the development of the financing guarantee industry, but the registered capital of any region to establish a financing guarantee company shall not be less than RMB 5 million.

4) There are directors, supervisors, senior managers and qualified employees who meet the qualifications;

(5) Have a sound organizational structure, internal control and risk management system.

6) There is a business place that meets the requirements.

7) Other prudential conditions stipulated by the regulatory authorities.

1. 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: An application and materials proving that it meets the registration conditions shall be submitted to the supervision and management department to apply for registration. The supervision and management department shall make a decision to approve or not approve within 30 days from the date of acceptance of the application.

Legal basis: Regulations on the Supervision and Administration of Financing Guarantee Companies

Article 7 The establishment of a financing guarantee company shall comply with the provisions of the Company Law of the People's Republic of China and meet the following conditions:

1) The shareholder has a good reputation and has no record of major violations of laws and regulations in the past 3 years;

2) The registered capital shall not be less than RMB 20 million and shall be paid-in monetary capital;

3) The proposed directors, supervisors and senior managers are familiar with the laws and regulations related to the financing guarantee business, and have the experience and management ability required to perform their duties;

4) Have a sound internal management system such as business norms and risk control.

Eighth application for the establishment of a financing guarantee company, shall be submitted to the supervision and management departments of the application and materials to prove that it meets the conditions of article 7 of these Regulations.

The supervision and management department shall make a decision to approve or not approve within 30 days from the date of acceptance of the application. If the decision is approved, a financing guarantee business license shall be issued; If the application is not approved, the applicant shall be notified in writing and the reasons shall be explained.