Summary:

The competent departments of the provinces, autonomous regions, municipalities directly under the Central Government, cities with separate plans, and Xinjiang Production and Construction Corps:

In order to further improve the supervision system of financial leasing enterprises, improve the supervision level of the financial leasing industry, standardize the business behavior of financial leasing enterprises, prevent industry risks, and promote the healthy and orderly development of the financial leasing industry, the Ministry of Commerce has formulated “finance leasing according to relevant laws, regulations and regulations. The Measures for the Supervision and Administration of Enterprises have been reviewed and approved by the 7th Ministerial Meeting of the Ministry of Commerce in 2013 and are hereby issued to you, effective as of October 1, 2013.

Ministry of Commerce of the People's Republic of China September 18, 2013

Financial leasing enterprise supervision and management measures

Chapter I General Provisions

Article 1 In order to promote the healthy development of China's financial leasing industry, regulate the business behavior of financial leasing enterprises, and prevent business risks, these measures are formulated in accordance with the "Contract Law", "Property Law", "Company Law" and other laws and regulations and the relevant provisions of the Ministry of Commerce. .

Article 2 The term "financial leasing enterprises" as used in these Measures refers to enterprises engaged in financial leasing business in accordance with the relevant regulations of the Ministry of Commerce.

The term "finance leasing business" as used in these Measures refers to the transaction activity in which the lessor purchases the leased property from the seller according to the choice of the lessee and the leased property, and provides it to the lessee for use and the lessee pays the rent.

Financial leasing directly serves the real economy and plays an important role in promoting the development of equipment manufacturing industry, financing of small and medium-sized enterprises, upgrading of enterprise technology, import and export of equipment, and circulation of goods. It is an important means to promote the integration of industry and finance and the development of the real economy.

Article 3 A finance leasing enterprise shall have the asset scale, capital strength and risk management and control ability appropriate to its business scale. Foreign investors applying for the establishment of a finance leasing enterprise must also comply with the relevant regulations on foreign investment.

Article 4 A financial leasing enterprise shall be staffed with financial, trade, legal, accounting and other professional knowledge, skills and experience and have a good track record. It has no less than three years of experience in financial leasing, leasing business or financial institution operation and management. Senior executives, deputy general managers, risk control supervisors and other senior executives.

Article 5 A financial leasing enterprise shall abide by the laws, regulations, rules and regulations of the People's Republic of China and carry out its business activities without prejudice to national interests and social public interests.

Article 6 The Ministry of Commerce shall supervise and manage the national financial leasing enterprises. The provincial-level commerce department is responsible for supervising the financial leasing enterprises within their respective administrative regions.

The provincial-level commerce authorities referred to in these Measures refer to the provinces, autonomous regions, municipalities directly under the Central Government, cities with separate plans, and the competent commercial departments of the Xinjiang Production and Construction Corps.

Article 7 Encourage financial leasing enterprises to provide leasing services through direct leasing, etc., enhance the comprehensive capacity of asset management, and carry out specialized and differentiated operations.

Chapter II Business Rules

Article 8 A financial leasing enterprise may conduct financial leasing business in the form of direct leasing, sublease leasing, sale and leaseback, leveraged leasing, entrusted leasing, joint leasing, etc., subject to the relevant laws, regulations and rules.

Article 9 A financial leasing enterprise shall focus on the leasing business such as financial leasing, carry out the purchase of leased property related to the financial leasing and leasing business, the processing and maintenance of the residual value of the leased property, the consultation and guarantee of the lease transaction, and the transfer to a third party institution. Accounts receivable, acceptance of lease deposits and other business approved by the approval department.

Article 10 A financial leasing enterprise shall carry out a financial leasing business on the basis of a leased property with clear and real ownership and capable of generating income rights.

Financial leasing enterprises shall not engage in financial business such as deposits, loans, and loans. Without the approval of the relevant departments, the financial leasing enterprises shall not engage in inter-bank lending and other businesses. It is strictly forbidden for financial leasing companies to carry out illegal fund-raising activities in the name of financial leasing.

Article 11 Where a financial leasing enterprise's import leasing involves management of quotas, permits, etc., the relevant party shall purchase the leased property or the owner of the property right in accordance with relevant regulations.

Where a financial leasing enterprise involves foreign exchange management matters in its business operations, it shall abide by the relevant provisions of the State Administration of Foreign Exchange.

Article 12 A financial leasing enterprise shall establish and improve a financial accounting system in accordance with relevant regulations, and truthfully record and reflect the financial status, operating results and cash flow of the enterprise.

Article 13 A financial leasing enterprise shall establish a sound internal risk control system, form a good risk asset classification management system, a lessee credit evaluation system, an after-the-fact recovery and disposal system, and a risk early warning mechanism.

Article 14 In order to control and reduce risks, financial leasing enterprises shall conduct serious investigations on financial leasing projects, fully consider and evaluate the ability of lessees to continue to pay rents, adopt various methods to reduce default risks, and strengthen inspection of financial leasing projects. And post management.

Article 15 A financial leasing enterprise shall establish a management system for connected transactions. When a financial leasing company makes a vote or decision on a transaction in which the lessee is an affiliated enterprise, the person associated with the related party transaction shall evade.

When a financial leasing company purchases equipment from an associated production enterprise, the settlement price of the relevant equipment shall not be significantly lower than the price of the production enterprise to any third party or the price of the same batch equipment.

Article 16 A finance leasing enterprise shall separately manage the assets of the entrusted lease and sublease, and establish separate accounts. The financial leasing enterprises and lessees shall fully agree on the guarantees and insurances related to the financial leasing business and maintain the security of the transactions.

Article 17 Financial leasing enterprises shall strengthen the management of key lessees, control the proportion of single lessees and lessees as related parties, and take precautions against and diversify business risks.

Article 18 Where the tenure of a leased property is required to be registered in accordance with national laws, the financial leasing enterprise shall go through relevant registration procedures in accordance with the law. If the leased property does not belong to the category of property to be registered, the financial leasing enterprise is encouraged to register in the system designated by the competent commercial authority to express the ownership of the leased property.

Article 19 The subject matter of sale and leaseback shall be property that can exert economic functions and produce sustainable economic benefits. When a financial leasing company conducts sales and leaseback business, it should pay attention to strengthening risk prevention and control.

Article 20 A financial leasing enterprise shall not accept the property of the after-sales leaseback business, which has not been disposed of by the lessee, has been mortgaged, has been seized and seized by the judicial organ, or has other property of ownership.

Before signing the sale and leaseback agreement, the financial leasing enterprise shall examine the invoices, purchase contracts, registration warrants, payment vouchers, property transfer vouchers and other supporting materials to confirm the subject matter vesting relationship.

Article 21 A financial leasing enterprise shall fully consider and objectively evaluate the value of the sale and leaseback assets. The purchase price of the subject matter shall have a reasonable pricing basis that does not violate the accounting standards as a reference, and shall not be bought at a low value.

Article 22 The risk assets of a financial leasing enterprise shall not exceed 10 times of the total net assets.

Article 23 A financial leasing enterprise shall pay all kinds of taxes on time in strict accordance with the relevant provisions of the State. It is strictly forbidden to evade taxation or tax non-financial leasing business as a financial leasing business.

Chapter III Supervision and Management

Article 24 The Ministry of Commerce and the competent department of commerce at the provincial level shall perform their supervisory duties in accordance with laws, regulations, rules and relevant provisions of the Ministry of Commerce.

In the process of fulfilling their supervisory duties, the competent commercial administrations at all levels shall strengthen their management according to law, and shall strictly keep confidential the business secrets of the enterprises they know.

Article 25 Provincial competent commercial administrations shall strengthen the supervision and management of financial leasing enterprises through various means, continuously monitor the business operations and operational risks of enterprises; strengthen the construction of supervision teams, and equip relevant personnel in accordance with regulatory requirements and responsibilities to strengthen Business training to improve the supervision level of supervisors.

Article 26 Provincial competent commercial administrations shall establish a major information notification mechanism, a risk early warning mechanism and an emergency response mechanism to deal with emergencies in the financial leasing industry in a timely and effective manner.

Article 27 In daily supervision, the provincial competent commercial administrations shall focus on the strict supervision and management of illegal activities such as deposits, loans, and out-of-scope operations. Once found, it should be reported to the relevant departments in a timely manner and reported to the Ministry of Commerce.

Article 28 Provincial competent commercial authorities shall regularly analyze key indicators such as the proportion of connected transactions, the proportion of risk assets, the proportion of single lessee business, and the overdue rate of rent. Enterprises with high relevant indicators and increased potential business risks should be given special attention.

The competent department of commerce may entrust an intermediary organization such as an industry association to assist in understanding the situation according to the needs of the work.

Article 29 The provincial-level commerce department shall report to the Ministry of Commerce in writing on the development and supervision of the financial leasing enterprises in the administrative region in the previous year before June 30 of each year. If you find a major problem, you should report it immediately.

Article 30 The Ministry of Commerce shall establish and improve the “National Financial Leasing Enterprise Management Information System”, and use information technology to understand and supervise the business activities, internal control and risk status of financial leasing enterprises, and improve the management of financial leasing enterprises. Level and risk control capabilities.

Article 31 A financial leasing enterprise shall use the national financial leasing enterprise management information system in accordance with the requirements of the Ministry of Commerce, and timely report the relevant data. The business statistics and brief descriptions of the previous quarter will be reported within 15 working days after the end of each quarter; the statistical statement and explanation of the previous year's operation will be reported before April 30 of each year, and the financial report of the previous year will be submitted to the audited organization. (including notes).

Article 32 A financial leasing enterprise shall notify the provincial competent commercial authority in advance of changing the name, relocating the site, increasing or decreasing the registered capital, changing the organizational form, and adjusting the shareholding structure. Foreign-invested enterprises that involve the aforementioned changes shall perform relevant procedures such as examination and approval and filing in accordance with relevant regulations.

The financial leasing enterprise shall log in to the National Financial Leasing Enterprise Management Information System to revise the above information within 5 working days after the change of the industrial and commercial registration formalities.

Article 33 The competent commercial administrations shall pay attention to the role of industry associations, encourage industry associations to actively carry out industry training, qualification recognition, theoretical research, dispute mediation and other activities, support industry associations to strengthen industry self-discipline and legally safeguard industry rights and interests, and cooperate with supervisors. The department conducts industry supervision and management and maintains a fair and orderly market competition environment.

Article 34 If a financial leasing enterprise violates relevant laws, regulations, rules and relevant provisions of these Measures, it shall be dealt with in accordance with relevant regulations.

Chapter IV Supplementary Provisions

Article 35 The Ministry of Commerce shall be responsible for the interpretation of these Measures.

Article 36 These Measures shall come into force on October 1, 2013.