Chapter I General Principles
Article 1 [Legislative Purpose and Basis] In order to give full play to the role of financial services in the economy and society, promote financial development and maintain financial stability, these Regulations are formulated in accordance with relevant laws and administrative regulations and in light of the actual situation of this province.
Article 2 [Scope of Application] These Regulations shall apply to financial services, financial development and financial supervision activities within the administrative area of this province.
Where laws and administrative regulations provide otherwise for financial supervision, such provisions shall prevail.
Article 3 (Working Principles) Local financial work should follow the principles of safety, positivity and prudence, adhere to the combination of reform and innovation and risk prevention, maintain a healthy and stable financial operation and promote economic and social development.
Article 4 The people's governments at or above the county level shall strengthen the organization and leadership of local financial work, establish and improve the local financial supervision system, formulate supporting policies, and timely study and solve major problems in local financial work.
Article 5 The financial supervision institutions of the people's governments at or above the county level shall be responsible for the comprehensive coordination and guidance of financial services and financial development within their respective administrative areas, and shall supervise local financial institutions in accordance with the provisions of these Regulations.
The departments of development and reform, economy and informatization, finance, public security, agriculture, land and resources, housing and urban-rural construction, commerce, auditing, and industrial and commercial administration of the people's governments at or above the county level shall do a good job in relevant work according to the division of responsibilities.
Article 6 Local financial institutions operate according to law, are independent and honest, and their legitimate rights and interests are protected by law.
Article 7 [Publicity and Education] Radio, television, newspapers, internet and other media should strengthen the publicity of financial laws and regulations and related knowledge, improve the public's financial knowledge level and risk prevention awareness, and create a good financial development environment.
Chapter II Financial Services
Article 8 [Bank Credit Support 1] The people's governments at or above the county level and relevant departments shall, in accordance with regulations, use financial interest subsidies, insurance subsidies, financial incentives and other means to expand the financing scale of enterprises and key projects in industries, emerging industries, service industries and other related industries, and promote economic transformation and upgrading.
Article 9 [Bank Credit Support II] The people's governments at or above the county level and their relevant departments shall establish a loan risk sharing and loss compensation mechanism for small and micro enterprises, build an agricultural credit guarantee system, and guide financial institutions and local financial organizations to increase financial support for small and micro enterprises and rural agricultural farmers.
Article 10 Enterprises are encouraged and supported to carry out standardized corporate restructuring, establish a modern enterprise system, issue stocks and bonds for direct financing, and give subsidies in accordance with relevant regulations.
Article 11 [Government Guidance Fund] The people's governments at or above the county level may set up government guidance funds to promote the development of equity investment and guide and drive social capital into small and medium-sized enterprises, rural industries, emerging manufacturing industries and industries encouraged by the government.
Article 12 [Asset Securitization and Financial Derivatives] Encourage and support state-owned enterprises and social capital to make rational use of asset securitization and financial derivatives such as futures and options for financing, hedging and risk avoidance.
Article 13 The people's governments at or above the county level shall take the following measures to give full play to the role of insurance in serving the economy and society:
(1) Entrusting an insurance institution to undertake or directly purchase pension services and medical services to reduce the cost of public services;
(two) according to the provisions of agricultural insurance, liability insurance, small loan guarantee insurance and other policy insurance business to give premium subsidies, improve social security capabilities;
(three) the implementation of the establishment of catastrophe insurance system, improve the insurance economic compensation mechanism, improve the level of disaster relief;
(4) Support and guide insurance institutions to innovate insurance products and service models such as technology insurance and property insurance, establish a docking mechanism between insurance funds and innovative venture capital, and enhance the vitality of economic development.
Article 14 Small loan companies and private financing institutions shall optimize the investment of funds and provide financing services for enterprises and rural agricultural farmers. If the balance and increment of loans or investments for agriculture-related and small and micro enterprises reach the specified proportion, the financial department shall give risk compensation or reward in accordance with the regulations.
Article 15 A financing guarantee company shall innovate its operating system and mechanism, actively expand the total amount and variety of guarantee business, effectively guard against the risks of guarantee business and improve its guarantee service capability.
Establish a risk compensation and sharing mechanism for financing guarantee, and guide financing guarantee companies to expand the scale of guarantee for agriculture-related and small and micro enterprises. When the eligible loan guarantee business is compensated, the financing guarantee company, the risk compensation fund and the loan bank shall bear the compensation responsibility in accordance with the agreed proportion.
Article 16 To carry out internal credit mutual assistance, farmers' professional cooperatives shall clarify the operating rules and risk prevention and control measures, and provide direct financial services for the production and operation of farmers' professional cooperatives.
The people's governments at or above the county level shall strengthen planning guidance, education and training, and establish incentive and support mechanisms such as risk compensation and subsidies.
Article 17 [Property Exchange] The property exchange shall improve the trading rules and management system, actively promote the trading of equity, creditor's rights, forest rights, mining rights, intellectual property rights, carbon emission rights, energy saving, financial assets rights and cultural and artistic rights, create conditions for mortgage financing, and promote the rational flow of production factors and the optimal allocation of resources.
Article 18 [Regional Equity Market] Establish an equity investment and financing platform and a comprehensive financial trading platform for small and medium-sized enterprises to promote the construction of a regional equity market.
Encourage and support enterprises with strong innovation ability and good development prospects to enter the regional equity market, and conduct financing and transactions through listing, display, transfer, equity custody, asset securitization and private placement bond issuance, and give subsidies according to regulations.
Article 19 Commodity trading markets with financial attributes shall establish and improve trading rules and risk prevention and control systems, improve trading, hedging and pricing functions, and provide modern purchasing and placing services for producers and consumers.
Article 20 [Pledge] Financial institutions and local financial organizations shall innovate financial products and services, broaden the scope of financing collateral (pledge) and improve the level of financing services.
The people's governments at or above the county level and their relevant departments shall provide convenience for financial institutions and local financial organizations to carry out related mortgage (pledge) financing business. The registration department of real estate and movable property shall handle the registration formalities of financing mortgage (pledge) in time.
Chapter III Financial Development
Article 21 The financial supervision institution of the people's government of a province or a city divided into districts shall prepare the financial development plan of its administrative region, solicit opinions from the people's bank, development and reform, finance, human resources and social security, land and resources, urban and rural planning and other departments, and implement it after being approved by the people's government at the same level.
Article 22 The people's governments of provinces and cities divided into districts shall formulate and improve policies and measures for the development of the financial industry, and support financial innovation, the introduction and training of financial talents, the cultivation and development of financial institutions and local financial organizations, and the construction of financial environment.
Article 23 [Financial Agglomeration Area] The provincial people's government shall comprehensively consider factors such as location, industry and resources, support the construction of financial agglomeration areas such as regional financial centers and wealth management centers, and enhance the ability of gathering and radiating financial resources.
The local people's governments in financial agglomeration areas should improve the working mechanism, strengthen policy support, and do a good job in system cultivation, market construction, policy innovation, and environmental creation. And make planning arrangements for the construction land in the financial agglomeration area.
Article 24 The people's governments of provinces and cities divided into districts shall rely on the basis of foreign economic cooperation and geographical advantages to promote the planning and construction of financial cooperation demonstration zones and financial service industrial parks, strengthen cooperation and exchanges with international financial organizations, and support enterprises to directly raise funds in the international capital market.
Article 25 The people's governments at or above the county level shall optimize the business environment, intensify the introduction of financial institutions, cultivate and develop local corporate financial institutions, and improve the financial organization system.
Where a local legal person financial institution is established within the administrative region of this province, or a domestic or foreign financial institution establishes a regional headquarters or branches, the local people's government shall give rewards and support in accordance with the provisions.
Article 26 [Promoting the Development of Financial State-owned Enterprises] Encourage and support state-owned capital and social capital to invest in establishing or participating in local corporate financial institutions.
State-controlled local corporate financial institutions should establish mechanisms such as examination and incentive, selection of senior managers and risk prevention that meet the development requirements of financial enterprises, and improve the modern enterprise system.
Article 27 [Development of Local Financial Organizations] The people's governments at or above the county level shall formulate measures to strengthen the guidance and regulation of financial activities such as private financing, equity trading and credit mutual assistance, encourage and support private capital to invest in establishing or participating in local financial organizations, and promote the healthy development of local financial organizations.
Encourage and support state-owned capital to invest in the establishment or shareholding or holding of financing guarantee companies, expand or replenish capital in a timely manner, promote social capital investment, and enhance the financing and credit enhancement ability of the real economy.
Article 28 [Internet Finance] Encourage and support the deep integration of Internet and finance, promote financial institutions and local financial institutions to explore Internet finance business, standardize the development of emerging formats such as third-party payment, peer-to-peer lending and equity crowdfunding, and give play to the functions of Internet finance such as fund financing, payment, investment and information intermediary.
Article 29 The people's governments at or above the county level and relevant departments shall speed up the development of financial intermediary service organizations such as credit rating, asset appraisal, insurance agency, insurance broker, insurance assessor and financial warehousing. Through introduction, cultivation and integration, we will promote the construction of financial service centers and financial supermarkets and build an efficient and convenient professional financial intermediary service system.
Article 30 [Financial Innovation] The people's governments at or above the county level shall encourage and support financial institutions and local financial organizations to innovate in products, technologies, services, management and organizational forms, improve the incentive mechanism for financial innovation, strengthen the protection of financial innovation achievements, and give rewards or risk compensation according to regulations.
Article 31 The financial supervision institution of the people's government at or above the county level shall, jointly with the departments of finance, human resources and social security, establish a long-term mechanism for the construction of financial talents, formulate a plan for the training of financial talents and the introduction of incentive policies, reward qualified financial talents according to regulations, and provide convenience in terms of settlement, residence, children's education and medical care.
Article 32 The financial supervision institution of the provincial people's government shall, jointly with relevant departments, organize the establishment of a comprehensive information service platform for local financial institutions to collect, collate, save, process and publish the credit information of local financial institutions, related enterprises and individuals, and connect with the public credit information platform.
Article 33 Local financial institutions may establish industry self-regulatory organizations according to their own development characteristics and requirements.
Industry self-regulatory organizations shall organize the implementation of industry norms, standards and professional ethics, establish and improve the self-regulatory management and restraint mechanism, strengthen the guidance and restraint of employees, timely release industry information, and safeguard the legitimate rights and interests of members according to law.
Chapter IV Financial Supervision
Article 34 To engage in the following local financial business activities, it shall be approved by the local financial supervision institution:
(a) the use of non-public deposit funds to provide loans to customers, or specific types of equity investment and debt investment;
(2) financing guarantee;
(three) to carry out credit mutual assistance within the farmers' professional cooperatives;
(4) Equity transactions;
(5) Commodity trading with financial attributes;
(six) to provide information on the supply and demand of funds or financing supporting services to the public.
To carry out pawn, financial leasing, commercial factoring and non-financing guarantee business, administrative license shall be obtained from the authorized department of the provincial government, and supervision shall be implemented in accordance with the relevant provisions of the state.
Where laws and administrative regulations provide otherwise, such provisions shall prevail.
Article 35 A local financial institution engaged in the financial activities listed in Article 34 shall meet the following conditions:
(1) Having a clear business scope and articles of association;
(2) The promoters and investors meet the prescribed conditions;
(3) It has a capital scale suitable for its business activities;
(4) Having managers and staff suitable for engaging in business activities;
(5) Having a sound organizational structure, internal control and risk management system;
(6) Having a business place that meets the requirements;
(seven) other conditions stipulated by laws and administrative regulations.
The financial supervision institution of the provincial people's government or the department authorized by the provincial people's government shall make specific provisions on relevant conditions according to the characteristics of financial business and risk prevention requirements.
Article 36 Local financial institutions shall strictly abide by business rules and management systems such as risk management, internal control, asset quality, risk preparation, risk concentration, related party transactions and asset liquidity in accordance with the requirements of prudent business rules.
Local financial institutions shall not illegally absorb or absorb public deposits in disguised form, and shall not illegally issue loans.
Article 37 Local financial institutions shall timely submit business information, financial and accounting reports, merger, division, change of control rights and other major matters that may lead to financial risks to the financial supervision and administration institutions of local people's governments at or above the county level. The content submitted shall be true and complete.
The financial supervision institution shall establish a statistical analysis system, regularly collect, sort out and analyze the statistical data of local financial institutions, evaluate the financial risk situation, and put forward supervision measures.
Article 38 The financial supervision institutions of the people's governments at or above the county level shall supervise the business activities and risk status of local financial institutions, and may conduct on-site inspections according to the needs of their work.
When carrying out on-site inspection, the following measures can be taken:
(a) to enter the local financial institutions for inspection;
(two) to require the staff of local financial institutions to explain the relevant inspection matters;
(three) to consult and copy the documents and materials related to the inspection items.
Local financial institutions shall cooperate with financial supervision institutions to carry out inspections and shall not refuse or obstruct them.
Article 39 Where a local financial institution commits major violations, the financial supervision institution of the people's government at or above the county level may conduct interviews and risk warnings to the directors, supervisors and senior managers of the local financial institution, and ask them to make explanations on major issues of business activities and risk management; When necessary, it can be required to carry out rectification.
Article 40 [Suspension of business for rectification] may cause or have formed major financial risks, which will seriously affect the financial order and stability. The financial supervision institutions of the people's governments at or above the county level shall focus on monitoring the relevant local financial institutions and give risk warnings to stakeholders; When necessary, it may be ordered to suspend business or business operations.
Where a local financial institution is state-owned or state-controlled, the people's government with jurisdiction may adjust its directors, supervisors and senior managers, or restrict its investment and other uses of funds; It can be reorganized when necessary.
Article 41 The people's governments at or above the county level shall organize financial supervision institutions and departments of public security, economy and informatization, commerce, auditing, industrial and commercial administration, state-owned assets management, etc., and establish cooperation mechanisms such as financial information sharing, risk disposal and public rights protection, so as to crack down on illegal fund-raising and prevent and resolve financial risks.
Article 42 [Joint Supervision Mechanism] The financial supervision institutions of the people's governments at or above the county level shall establish an information communication mechanism with the agencies dispatched by local national financial supervision departments to prevent and resolve financial risks, strengthen information exchange and work coordination, and improve their ability to prevent and respond to financial risks.
Article 43 The people's governments at or above the county level shall formulate emergency plans for local financial emergencies, and define their work responsibilities, organization and command system, event classification, start-up mechanism, emergency response and safeguard measures.
When a local financial emergency occurs, an emergency plan should be launched immediately and emergency measures should be taken to resolve financial risks in time.
Chapter V Legal Liability
Article 44 In case of violation of the provisions of these Regulations, laws and administrative regulations have stipulated legal liability, such provisions shall prevail; If there are no legal responsibilities stipulated in laws and administrative regulations, these Regulations shall apply.
Article 45 [Administrative Punishment Measures] Those who, in violation of the provisions of these Regulations, carry out local financial business without approval shall be ordered by the financial supervision institution of the people's government at or above the county level to make corrections, their illegal income shall be confiscated, and a fine of more than one time and less than three times the amount involved in the illegal act shall be imposed; If the circumstances are serious, a fine of not less than three times but not more than five times the amount involved in the violation shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 46 [Administrative Punishment Measures] If a local financial institution violates the provisions of these Regulations and fails to implement business rules and management systems such as risk management, internal control and related party transactions, the financial supervision institution of the people's government at or above the county level shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than 50,000 yuan but not more than 100,000 yuan may be imposed, and some businesses may be suspended; If major financial risks are caused, a fine of 10 million yuan but not more than 500,000 yuan may be imposed, and rectification may be ordered; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 47 Where a local financial institution violates the provisions of these Regulations and fails to submit relevant materials or explain major issues as required, the financial supervision institution of the people's government at or above the county level shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than ten thousand yuan but not more than thirty thousand yuan shall be imposed; Those who provide false information or conceal important facts shall be fined between 30,000 yuan and 50,000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 48 Where a local financial institution refuses or obstructs on-site inspection in violation of the provisions of these Regulations, or fails to make rectification as required, the financial supervision institution of the people's government at or above the county level shall order it to make corrections and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan; If the circumstances are serious, a fine of100000 yuan but not more than 200000 yuan shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 49 [Administrative Punishment Measures] Where a local financial institution refuses to implement regulatory measures such as suspension of business for rectification, personnel adjustment, restriction on the use of funds and reorganization. In violation of the provisions of these regulations, the financial supervision and administration institution of the people's government at or above the county level shall order it to make corrections and impose a fine of 1 10,000 yuan to 50,000 yuan; If the circumstances are serious, a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed, and rectification may be ordered; Illegal income, confiscate the illegal income; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 50 [Legal Liability for Illegal Fund Raising] Where a local financial institution illegally absorbs or disguises public deposits or illegally issues loans in violation of the provisions of these Regulations, it shall be investigated, banned and punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 51 If the people's government at or above the county level and its relevant departments and financial supervision institutions commit any of the following acts in violation of the provisions of these Regulations, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Failing to implement financial service measures as required;
(2) failing to formulate and implement financial development plans or measures to encourage and support the development of the financial industry;
(three) failing to take financial supervision measures in accordance with the provisions;
(four) failing to investigate and deal with illegal acts according to law;
(five) other acts of abuse of power, dereliction of duty, favoritism.
Chapter VI Supplementary Provisions
Article 52 The meanings of the following terms in these Regulations:
(1) Local financial institutions refer to small loan companies, financing guarantee companies, private financing institutions, local financial asset management companies, farmers' professional cooperatives, pawn shops, financial leasing companies, commercial factoring companies, equity trading places, commodity trading markets with financial attributes and other institutions and places established within the administrative region of this province.
(2) A local corporate financial institution refers to a corporate financial institution established with the approval of the state financial supervision department and registered within the administrative region of this province.
Article 53 [Date of Implementation] These Regulations shall come into force on [] of [].