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Notice

People's Bank of China, Banking Regulatory Commission on Issuing the" Financing Guarantee Companies Access to Credit System Management Interim Provisions" Notice

The People's Bank of China, China Banking Regulatory Commission on printing and Distributing" the Financing Guarantee Companies to Access Credit System Management Interim Provisions" Notice

Yin-fa No. [2010] 365


Chinese People's Bank of Shanghai headquarters, all branches, business management departments, the provincial capital ( capital ) City Center branch, deputy provincial city center branch; the provinces ( autonomous regions, municipalities directly under the central government ) the banking regulatory bureau; the State Development Bank, all policy banks, state-owned commercial banks, joint-stock commercial banks, postal savings bank of china:

 

    To implement the" Interim Measures for the Administration of Financing Guarantee Agencies", standardize management for the financing guarantee company access to credit system, people's Bank, China Banking Regulatory Commission have jointly formulated the" Financing Guarantee Companies Access to Credit System Management Interim Provisions", are issued to you, please follow.

    Please the people's Bank of Shanghai headquarters, all branches, business management departments, the provincial capital ( capital ) City Center branch, the provinces ( autonomous regions, municipalities directly under the central government ) Banking regulatory Bureau jointly forward this notice to city commercial banks, rural commercial banks, rural cooperative banks, urban credit cooperatives and foreign-funded banks in your area.

    At the same time please provinces (autonomous regions, municipalities directly under the central government) people's government financing guarantee company supervision department forward this notice to the financing guarantee companies in your area.

    Attachment: the financing guarantee companies to access credit system management Interim Provisions

December 23, 2010


The financing guarantee companies to access credit system management Interim Provisions

 

    Article 1 In order to regulate the financing guarantee companies access to credit system, maintain credit system securities and stable operation, according to" "Interim Measures for the administration of the financing guarantee companies," and “personal credit information database management Interim Measures," and other provisions to formulate this provision.

    Article 2 This Provision is applicable for the financing guarantee companies access, use, exit the credit system.

    The credit system in this provision refers to the people's Bank of China the enterprise credit information basic database and the individual credit information basic database.

    Article 3 Tthe people's Bank of China makes a centralized management on the financing guarantee company access, use, and exit credit system. Branches of the Peoples Bank of China take the responsibilities within their authorized duties limits.

    Article 4 Tthe financing guarantee companies can access to credit system according to the people's Bank of China’s the following authorized ways:

    (1) The indirect way, it is to submit and query information through the sub center of the people's Bank of China credit center;

    (2) The direct way, it is to submit and query information through the Internet platform, to access to the people's Bank of China intranet; or conducted by sub center of the people's Bank of China credit centre to organization financing guarantee companies to unify the network to make an output for submit and query information.

    Article 5 The financing guarantee company shall apply to the local people's Bank of China branch of the city center and branch offices above’s credit management departments to access credit information system, and submit the following documents:

    (1) Application, specify the financing guarantee company's name, address, registered capital, organization, application access credit system mode;

    (2) The articles of association of the company;

    (3)" The financing guarantee agencies operating permit" and a copy of the original;

    (4)" The business license of enterprise legal person"," organization code certificate" original and copy;

    (5) registered capital verification report, the original and a copy;

    (6) The legal representative and senior management resume and a valid;

    (7) Business places, facilities, information archive management, security measures, safety protection measures and other relevant business documents, data.

    (8) Other information required by the people's Bank of China.

    Article 6 The people's Bank of China branch of the city center and branch offices above’s credit management department to revive the information applied, give the review opinions to institutions whether can access credit system, and submit the application materials, opinions to the people's Bank of china credit management bureau.

    The people's Bank of China credit management bureau check on the application materials and examine the review opinions, give a reply to the applicant whether can access credit system.

    Article 7 Apply to access the credit rating system with direct way, the financing guarantee company shall meet the following conditions:

    (1) In registered capital of not less than 5 million Yuan;

    (2) Has a sound corporate governance structure and internal control system;

    (3) Has a higher guarantee and credit level;

    (4) A sound information archive management system, security measures and security measures:

    (5) Having the required place of business, technology and facilities:

    (6) A complete database system.

    Article 8 The financing guarantee companies can change the way to access credit system:

    (1) By the indirect way change into direct way to access to credit system, shall meet the conditions in Article 7, and with reference to procedures in Article 6;

    (2) By direct way change into indirectly way to access credit system, should be registered in the people's Bank of China branch of the city center and branch offices above’s credit management departments, to submit a written application, specifying the financing guarantee company’s name, the reason of change. The people's Bank of China branch of the city center and branch offices above’s credit management department after accepting the application for modification, will report the change application to the people's Bank of China for record.

    Article 9 According to the" Interim Measures for the administration of financing guarantee companies", the established financing guarantee company shall comply with the relevant regulations of the people's Bank of China, accurately, completely, timely submit to the credit system security the company information, financial information, customer guarantee business information; the qualified financing guarantee company also need submit to the people's Bank of China its ratings information by approved credit rating agency.

    Article 10 When the financing guarantee company is in checking on the application of guarantee or is in management on tracking the follow-up risk of provided guarantee,  can inquire “ enterprise credit report or individual credit report” in the credit system

    When the financing guarantee company audits application of guarantee, the query on guarantor credit report, must obtain the written authorization by the guarantor.

    With the written authorization by guarantor, the financing guarantee company can query the credit reports relate to the guaranteed customer in credit system.

    After lifting the security relationship, the financing guarantee company shall not query the credit report about the guarantor and it’s related.

    Artical11. The financing guarantee company shall, according to the people's Bank of China’s regulation, formulate relevant credit information sending , query, use, user management, objection handling, safety management and other aspects of the internal management system and operating rules, and register at the people's Bank of China branch of city center and branch above’s credit management departments for the record.

    Article 12 The computer system which for connection between financing guarantee company and credit system. Is not allowed to connect with the Internet or any other network connection.

    Article 13 When the financing guarantee company and its customers think that their credit report is wrong in credit information system, they can submit a written objection application to local people's Bank of China Center and branch center or directly to the center of the people's Bank of China.

    Article 14 When the financing guarantee company has dissolution, bankruptcy and other matters shall, exit the credit system, and destroy their collected credit information and under the supervision of the people's Bank of China and the local the financing guarantee company supervision department, or by the people's Bank of China to other manner to properly handle.

    Article 15 Iif the financing guarantee company is in any of the following circumstances, the people's Bank of China may take a deadline for rectification, informed criticism; affix the responsibility, the suspension to provide information and other measures:

    (1) Not in accordance with the provisions to establish corresponding management rules and operating procedures:

    (2) Not in accordance with the provisions to accurately, completely, timely submit information;

    (3) Beyond authorization to inquire the credit system;

    (4) use the query results for purposes other than the present provisions;

    (5) Leak credit information from obtained from the credit system;

    (6) In violation of the provisions of the security management requirements;

    (7) Any other hazard behavior to credit system’s security, steady operation.

    Article 16 The financing guarantee agencies beyond corporation to access, use, and exit credit system in reference of these provisions.

    Article 17 Tthis provision is reserved by the people's Bank of China.

    Article 18 Carries out this provision since January 1, 2011.