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Guarantee Policy

Liaoning Province financing guarantee agency directors, supervisors, senior management qualifications management implementer’s provisions

Liaoning Province financing guarantee agency  directors, supervisors, senior management qualifications management implementer’s provisions


Chapter I General Provisions

 

Article 1 To strengthen the management of the qualifications of financing guarantee agency directors, supervisors and senior management, to promote the legitimate and stable development of financing guarantee industry, in accordance with (the Law of the People's Republic of China), ( Interim Measures for administration of financing guarantee company )( the Interim Measures for management of the qualification of financing guarantee company directors, supervisors and senior managerial personnel )(China Banking Regulatory Commission Order No.6 of 2010)," (Interim Measures for the Administration of Liaoning Province financing guarantee agency)(Liao- Zheng- Ban -Fa [2010] No. 15) and other relevant provisions, to formulate this implementers provisions. 

 

Article 2 The financing guarantee agency mentioned in this provisions refers to guarantee agencies and their branches with the corporate system and non corporate system, and it’s the establishment is approved by the provincial government finance office, to engage in the business of financing guarantee.

The directors mentioned in these provisions refers to chairman, vice chairman, the independent directors of the financing guarantee agency, and other board members. 

The supervisors mentioned in these provisions refers to the Board of Supervisors, Deputy Chief Supervisor of the financing guarantee agency and other members of the board of supervisors.

The senior management mentioned in this provision refers to, general manager, deputy general manager, chief risk officer, chief compliance officer, chief finance officer the financing guarantee agency and other decision-making power, or the personnel playing an important role on risk control to institution management.

The personnel not serve the duties listed in above three descriptions or the title is different, but the actual performance of the directors, supervisors, senior management responsibilities, should be included in the management of qualifications of this provision.

The qualification management of general manager of branches of financing guarantee agency is applicable to the relevant rules on senior management. 

 

Article3 Provincial government finance offices, is responsible for the approval and management of  chairman, general manager of financing guarantee agency within province-wide, and also for the approval and management of the general manager of the branch established by trans-province financing guarantee company. To delegate the municipalities and Suizhong County Government Finance office to be responsible for the approval and management of directors, supervisors, senior management of the financing guarantee agency, and also for the approval and management of the general manager of the branch established by trans-province financing guarantee company. Municipalities and county government Suizhong Finance Office report the approval conditions to the provincial finance office for record as required.

Provincial finance office, the municipalities’ finance office and Suizhong County finance office referred below are all called as regulatory authorities.

 

Chapter 2 The Qualifications of Directors, Supervisors and Senior Management


Article 4 Financing guarantee agency directors, supervisors, and senior management should meet the following requirements: 

(1) With full civil capacity; 

(2) Law-abiding, honest and trustworthy, diligent due diligence, have good ethics, good character and reputation; 

(3) Familiar with the economic, financial, and security laws and regulations, compliance awareness and awareness of prudent operation; 

(4) adapted knowledge, experience and ability to the proposed duties.

Article 5 the following persons shall not serve as a financing guarantee agency's directors, supervisors and senior management: 

(1) There is an intent or gross negligence criminal record; 

(2) For breach of professional conduct or serious dereliction of duty to the institution serving a significant loss or a bad influence; 

(3) In the last five years, as has been revoked due to illegal business to take over, merge, declare bankruptcy or revoke the business license of the agency's directors, supervisors and senior management personnel, and is liable for personal responsibility; 

(4) Perform the functions of providing false information to a violation of the principle of good faith, or instigate, or participate in the Employer confrontation supervision according to law or the investigation of the cases, the circumstances are serious;

(5) Cancel the directors, supervisors and senior management qualifications or prohibit engaging in the work of the guarantee; the forbidding validity is not expired

(6) Submitting false application materials, or knowingly do not have the qualifications as provided in these Conditions, fraud, bribery and other improper means to obtain the qualification approval;

(7) An individual or spouse has more than 100 thousand Yuan (including 100 thousand Yuan) outstanding debt;

(8) Shall not concurrently serve as chairman of the company's legal representative positions of the party and government organs, except by the Provincial Finance Office consent.

(9) Other circumstances stipulated by laws and regulations. 

Article 6 Financing guarantee agency independent directors, the Chief Risk Officer, Chief Compliance Officer in addition to comply with Article 4, Article 5, should be professional on the aspects of the legal, economic, financial, accounting, or guarantee, the Chief Risk Officer Chief Compliance Officer shall obtain the relevant qualifications such as a certified public accountant or lawyer; the independent directors shall not be a conflict of interest and financing guarantee agency  to be working. 

Article 7 Financing guarantee agency senior management in addition to compliance with this Article 4, Article 5, shall meet the following conditions:

(1) The guarantee or financial work for more than three years, or engaged in the work of the relevant industry for more than five years;

(2) Undergraduate college (inclusive) above;

(3) Pass the qualifying examination organized or recognized by regulatory authorities;

(4) Understanding of their functions and duties, familiar with the Employer's management framework, profit model, familiar with the Employer's internal control system, have adapted risk management capabilities to their functions;

(5) Shall not hold concurrent positions in other economic organizations, except by the Provincial Finance Office consent. 

 

Chapter 3 Directors, Supervisors And Senior Management Qualifications Management


Article 8 Financing guarantee agency to apply for approval of the directors, supervisors and senior management personnel qualifications, the following application materials should be submitted to the regulatory authorities: 

(1) The application signed by the applicant authorized signatory to the regulatory authorities (Annex 1). The application should explain the duties, responsibilities, authority, as well as the positions in the organizational structure. 

(2) The applicant authorization.

(C) Be appointed person’s identification (passport required for foreigners), education qualifications, a copy of the family book, personal and spouse credit record report, qualification application form (Annex 2). The education diploma or higher education diploma of university or higher education institution of the foreign and Hong Kong, China, Macau Special Administrative Region and Taiwan region, is submitted, should also submit the verification files from the State Council administrative department for the education diploma, academic degree.

(4) A proof, issued by the proposed people’s domicile public security organization, of no criminal record certificate and non-economic criminal certificate record.

(5) A statement signed by the proposed people (Annex 3) and law-abiding and responsible undertaking for work (Annex 4). 

(6) Where the laws, administrative regulations or articles of association stipulate that the appointment of directors, supervisors, supervisors and senior management, the shareholders (general) meeting or the Board of directors need to be convened, shall submit the resolution of the meeting.

(7) The certificate of the proposed senior management engaging in economic, financial or guarantee work (must be stamped with the official seal of the original company) and the qualification examination certification

(8) Other materials required by regulatory department

The application materials should be stamped with official seal, if The original is in a foreign language, and translated into Chinese, shall attached the Chinese translation with China notarization authority’s notarization. Qualifications application form needs to be attached the CD-ROM.

Article 9 the regulatory authorities may make a conversation with the proposed directors, supervisors and senior management before the stints, also may understand the situation from the proposed people’s former company or the assigned department, and review the qualifications of proposed people. 

Article 10 the regulatory authorities should make the approval review within 20 days since receiving the complete application materials of financing guarantee agency directors, supervisors and senior management. Municipal finance office and Suizhong county finance office will submit the approval document and the directors, supervisors, senior management qualification management application together with CD to the provincial government finance office for record, within 20 days since the approval is made.

Article 11 the regulatory authorities should announce to the public on the approval of qualifications of the financing guarantee agency's directors, supervisors, and senior management, and establish information database for directors, supervisors and senior management of financing guarantee agency.

Article 12 if the applicant or proposed people are in one of the following circumstances, regulatory authorities can terminate the approval review:

(1) The applicant or proposed people to death or incapacity;

(2) The applicant request to withdraw the application materials;

(3) The applicant fails to make further explanation within the prescribed period for feedback

(4) The applicant or proposed people to conceal relevant information or provide false materials to apply for the qualification;

(5) The applicant or proposed people on suspicion of illegal activities of the executive authorities' investigation;

(6) The applicant is by law to taken business for rectification, custody, to take over, the restrictions on business and other regulatory measures;

(7) The applicant or the proposed people are in reconnaissance of the suspicion of the crime by judiciary;

(8) The other cases identified regulatory authorities.

Article 13 When to establish a new financing guarantee agency, the approval application of  the qualification of the directors, supervisors and senior management, should be submitted together with institution establishment application, to be accepted, reviewed together.

The approved qualification of the directors, supervisors, senior management will entry into force after the establishment of the financing guarantee agency is approved. The proposed directors, supervisors, senior management shall not perform their duties before obtain the approval of qualifyication.

Article 14 For the branch in this province setup by other province’s financing guarantee agency, after its general manager’ qualification approved by the provincial government finance office, the headquarter shall report this to the local regularly authority for record. For the trans-province trans-autonomous regions and municipalities branch, whose headquarter is in this province, after its general manager’ qualification approved by the local regularly authority, the headquarter shall report this to the provincial government finance office for record.

Article 15 When the chairman and the general manager of the financing guarantee agency, is unable to perform his duties, financing guarantee agency can appoint the proxy, according to the regulation in articles of association, who meets the requirements in Article 4 and Article 5 to perform their duties, and report to regulatory department within 5 days from the date of the decision is made, the proxy period shall not exceed 60 days.

Article 16 The personnel who has obtained the approved qualifications of the directors, supervisors and senior managers from the regulatory authorities, to  be adjusted position within the same corporate body, parallel to the similar nature, or switched to lower positions, need to record in the regulatory authorities, without re-qualifications approved.

Article 17 Directors, supervisors and senior management personnel shall participate in the qualification training organized or recognized by the provincial finance office, in accordance with relevant requirements.

Article 18 The directors, supervisors and senior management who leave the position, or loss of capacity for civil conduct, their qualifications will automatically be expired.

 

Chapter4 Supplementary Provisions

 

Article 19 Before the provisions promulgated, those who already acted as a financing guarantee agency directors, supervisors and senior management personnel, shall apply for re-confirming their qualification to the regulatory authorities in accordance with the provisions of these provisions, and obtain qualification approval within the specified time; those who do not have the qualifications under these provisions, but with the actual performance of their duties capacity, can  obtain qualifications after regulatory department’s review and approval.

Article 20 The prescribed period of the provisions is calculated by working days, excluding legal holidays.

Article 21 If the precious provisions of the provincial government finance office on financing guarantee agency directors, supervisors, and senior management is inconsistent with this provision, please comply with this provision

Article 22 These provisions shall enter into force from August 1, 2011.