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Full text of the Measures for Financial Supervision and Administration of Local Financial Enterprises

Article 1 In order to strengthen the financial supervision and management of local financial enterprises, regulate the financial behavior of local financial enterprises, prevent financial risks of local financial enterprises, and promote the healthy development of local financial enterprises, according to the "Financial Rules for Financial Enterprises" (Ministry of Finance Order No. 42) and other relevant regulations, these Measures are formulated.

Article 2 Non-centrally managed financial enterprises that have obtained financial business licenses in accordance with the law, including urban commercial banks, rural commercial banks, rural cooperative banks, credit cooperatives, new rural financial institutions, trust companies, and financial leasing companies , financial companies, consumer finance companies, securities companies, futures companies, fund management companies, insurance companies, etc. (hereinafter referred to as local financial companies) shall apply to these Measures.

Other enterprises engaged in financial business such as non-centrally managed financial holding companies, small loan companies, and financing guarantee companies shall follow these Measures.

Article 3: Local financial departments are the financial authorities of local financial enterprises. They implement financial supervision and management of local financial enterprises at the same level and guide lower-level financial departments to carry out financial supervision and management work. The main responsibilities include: supervising the implementation of these Measures and other financial management regulations by local financial enterprises; guiding and urging local financial enterprises to establish and improve internal financial management systems; guiding and urging local financial enterprises to establish and improve financial risk control systems, and monitoring the financial risks and Its operating status; supervise the financial behavior of local financial enterprises; strengthen the financial information management of local financial enterprises; supervise local financial enterprises to accept social audits and asset assessments, etc.

The financial affiliation of local financial enterprises shall, in principle, be determined in accordance with the administrative relations of industrial and commercial registration of local financial enterprises’ legal entities. The financial department at the same level as the registration authority shall be the financial department in charge. If the location of the legal person's headquarters is inconsistent with the place of registration, the provincial finance department where the headquarters is located shall determine its financial department. Otherwise prescribed by the State shall prevail.

Article 4 For state-owned and state-controlled financial enterprises (hereinafter referred to as local state-owned financial enterprises) directly or indirectly established by local people's governments and their authorized departments, institutions, or other investment entities, the financial departments at all levels shall Standardize and strengthen the financial supervision and management of local state-owned financial enterprises in accordance with relevant national laws and regulations and relevant provisions on the management of state-owned financial assets.

Article 5: Financial departments at all levels should actively participate in and support the reform and development of local financial enterprises, give full play to their financial supervision and management functions, and promote the sustained, stable and healthy development of local financial enterprises. Article 6 Local financial enterprises shall, within 30 days from the date of completion of industrial and commercial registration, handle financial registration with the local financial department according to financial affiliation. Local financial departments should establish registration files as basic information for financial supervision and management of local financial enterprises, and as a basis for their implementation of assessment, evaluation, and financial support policies.

Article 7 When a local financial enterprise applies for financial registration for the first time, it shall submit the following materials:

(1) Investors agreement and documents approved by the relevant departments for establishment;

(2) Capital verification report or certificate issued by an accounting firm;

(3) Articles of Association;

(4) A copy of the "Enterprise Legal Person Business License".

Article 8 When the following circumstances change, a local financial enterprise shall, within 30 days from the date of occurrence, change its financial registration with the local financial department:

(1) Name, domicile or Changes in legal representatives;

(2) Changes in organizational form;

(3) Splits or mergers;

(4) Changes in controlling shareholders;

(5) Other circumstances specified by the local financial department.

Article 9 If a local financial enterprise encounters the following circumstances, it shall go through the handover registration procedures or cancel its financial registration:

(1) A change in the industrial and commercial registration of the legal person institution of a local financial enterprise results in the financial director If the department changes, the basic financial registration information transfer procedures shall be completed according to the application of the enterprise;

(2) If a local financial enterprise is dissolved or revoked in accordance with the law, it shall be effective from the date when the investor agreement takes effect or is approved by the relevant department. Within 30 days, the financial registration shall be canceled with the local financial department;

(3) If a local financial enterprise is declared bankrupt in accordance with the law, the financial registration shall be canceled with the local financial department within 30 days from the date of the court's ruling. Article 10: Establish a risk early warning and control system for local financial enterprises. Local financial enterprises should establish and improve financial risk control systems covering capital risks, payment risks, asset quality risks, market risks, related transaction risks, off-balance sheet business risks, etc. in accordance with the requirements of financial regulatory authorities, and conduct timely and accurate operations in accordance with the principles of prudent operation. Comprehensive identification, measurement, monitoring and control of financial risks.

Article 11: Establish an internal financial management reporting system for local financial enterprises. Local financial enterprises should reasonably raise funds, effectively operate assets, control costs and expenses, standardize income distribution and prepare financial accounting reports based on their own development needs, and formulate corresponding internal financial management systems to strengthen financial supervision and financial information management. Local financial enterprises shall submit relevant financial management systems to the local finance department within 30 days from the date of formal implementation of the internal financial management system.

Article 12: Establish an analysis and reporting system for the main financial indicators and financial regulatory indicators of local financial enterprises.

Local financial enterprises should promptly report the implementation of major financial indicators and financial regulatory indicators as required by the financial department. Local financial departments should analyze the financial operations of local financial enterprises based on reported information and discover problems in a timely manner. At the end of the year, the municipal and county-level finance departments should report relevant situations and analyzes to the provincial-level finance departments level by level. The provincial-level finance departments will summarize and analyze and report to the Ministry of Finance before May 15 of each year.

Article 13: Establish a reporting system for important financial matters of local financial enterprises. Important financial matters include: restructuring, reorganization, listing, merger, division, capital increase or decrease, introduction of strategic investors, transfer of property rights, establishment of subsidiaries, closure, etc., as well as matters that may lead to changes in the actual control of the enterprise. Local financial enterprises shall report to the local financial department within 30 days from the date of occurrence of the above matters, and handle relevant financial registration procedures in accordance with Articles 8 and 9.

Article 14: Establish a reporting system for local financial enterprises’ salary plans and long-term equity incentive plans. Local financial enterprises should strictly implement relevant national regulations and establish a salary management system and long-term equity incentive system that is consistent with local actual conditions, industry levels, and the company's own operating conditions. In the final financial accounts report of local financial enterprises, the enterprise's annual salary plan and long-term equity incentive plan and their implementation status should be explained.

Article 15: Establish a basic data reporting system for performance evaluation of local financial enterprises. After the end of the year, local financial enterprises should, in accordance with the requirements of the financial department and based on the annual accounting statement data, fill in the values ??of various financial indicators of the enterprise, and submit the basic performance evaluation data to the local financial department. Municipal and county-level financial departments should carefully review the authenticity, completeness and compliance of relevant data in local financial enterprise performance evaluation materials, and submit them to provincial-level financial departments step by step; provincial-level financial departments should summarize and analyze the overall performance of local financial enterprises in their region The situation shall be reported to the Ministry of Finance before May 15 of each year.

Article 16 Management of fixed assets and projects under construction.

(1) Where local financial enterprises purchase and construct fixed assets above the prescribed limit, they must conduct bidding in accordance with the principles of openness, fairness and impartiality. If bidding is not suitable under special circumstances, market mechanisms should be introduced to implement price comparison for purchase and construction. Provincial financial departments are responsible for formulating quota standards based on the actual conditions of the region.

(2) The proportion of the sum of the book value of fixed assets and the book value of projects under construction to the net assets of local financial enterprises shall not exceed 40% for those engaged in banking business, and shall not exceed 50% for those engaged in non-banking business. %. The proportion of the sum of the book value of fixed assets and projects under construction in rural credit cooperatives' net assets shall be determined by the provincial financial department based on the actual situation of the region, but the maximum shall not exceed 50%. Otherwise prescribed by the State shall prevail.

(3) When disposing of fixed assets above the quota, local financial enterprises should adhere to the principles of openness, transparency and evaluation and pricing, and introduce market mechanisms for disposal.

Article 17: Debt-repaired asset management

(1) Local financial enterprises should establish and improve a debt-repaired asset management system, control the scope of receiving debt-repaired assets, and strictly implement acceptance standards. In principle, fixed assets received by local financial enterprises to pay off debts are not allowed for their own use, and auctions should be organized to realize them; if they are indeed needed for their own use, they should be regarded as newly purchased fixed assets and corresponding approval procedures for the purchase and construction of fixed assets should be completed.

(2) Local financial enterprises should adhere to the principle of openness and transparency when disposing of debt-claimed assets, avoid black-box operations, and prevent moral hazard. In principle, repossessed assets should be disposed of by public auction. If other methods are used to dispose of repossessed assets, a competition mechanism should be introduced to select the buyer of the repossessed assets.

(3) Local financial departments should strengthen the supervision and inspection of the reception, custody and disposal of debt-repaired assets, and promptly stop and correct those that do not comply with the relevant provisions of national laws and regulations.

Article 18: Local financial enterprises shall dispose of non-performing assets within the scope prescribed by the state. If it is necessary to dispose of non-performing assets in batches, it shall be implemented in accordance with the relevant policies for the disposal of non-performing assets by financial enterprises approved by the State Council.

Article 19: Local financial enterprises should strictly implement the Ministry of Finance’s management measures for the write-off of bad debts of financial enterprises and related policies and regulations. The write-off of bad debts must strictly identify the conditions, provide conclusive evidence, strictly investigate responsibilities, report, review and approve step by step, keep confidentiality to the outside world, and keep the write-off case.

Local finance departments are responsible for the supervision and management of the write-off of bad debts of local financial enterprises, and the annual inspection coverage should reach a certain proportion of the number of local financial enterprises in the region. This ratio is determined by the provincial finance department based on the actual situation of the region. Article 20: Establish an approval system for annuity plans of local state-owned financial enterprises. According to the "Notice of the Ministry of Finance on Issues Concerning the Trial Implementation of the Enterprise Annuity System for State-owned Financial Enterprises" (Caijin [2006] No. 18), the "Notice of the Ministry of Finance on Several Issues Concerning Further Strengthening the Financial Management of Financial Enterprises" (Caijin [2008] No. 12 ) and other regulations, the annuity plans of local state-owned financial enterprises shall be implemented after review and approval by the local financial department. Among them, annuity plans submitted to the municipal and county-level finance departments should be submitted to the provincial-level finance departments for review and approval step by step, except for those that have obtained corresponding authorization in accordance with the law.

Article 21: Establish a performance evaluation system for local state-owned financial enterprises.

Provincial financial departments should follow the "Interim Measures for Performance Evaluation of Financial State-owned and State-controlled Enterprises" (Caijin [2009] No. 3) and the "Implementation Rules for the Performance Evaluation of Financial State-owned and State-controlled Enterprises" (Caijin [2009] No. 169 ) and other regulations, organize and implement the performance evaluation work of local state-owned financial enterprises in the region, and conduct a comprehensive evaluation of the profitability, operating growth, asset quality, solvency, etc. of financial enterprises in the fiscal year. The evaluation results will serve as an important basis for assessing the performance of local state-owned financial enterprises, strengthening the operation and management of local state-owned financial enterprises, determining the remuneration of enterprise leaders and obtaining financial support.

Article 22: Establish a management system for state-owned capital gains of local state-owned financial enterprises. Provincial finance departments should formulate measures for the collection of state capital gains from local state-owned financial enterprises in accordance with relevant national laws and regulations and relevant provisions of the Ministry of Finance, and urge local state-owned financial enterprises to implement them.

Article 23 Local financial departments should urge local state-owned financial enterprises to strictly implement the "Measures for the Registration and Management of State-owned Assets and Property Rights of Financial Enterprises" (Caijin [2006] No. 82), "State-owned Assets Assessment of Financial Enterprises" "Interim Measures for Supervision and Administration" (Ministry of Finance Order No. 47) and "Measures for the Administration of Transfer of State-owned Assets of Financial Enterprises" (Ministry of Finance Order No. 54) stipulate that state-owned asset property rights registration, asset evaluation and asset transfer should be done well.

Article 24 For local state-owned financial enterprises funded by the financial department or managed by the financial department authorized by the local people's government, their important financial matters, remuneration of the person in charge of the enterprise, long-term equity incentive plan, profit distribution plan, etc. It shall be implemented after review and approval by the corresponding financial department. Among them, for joint-stock local state-owned financial enterprises, the financial department should perform financial supervision and management responsibilities by sending personnel to attend the board of directors or shareholders' meeting in accordance with the law. Provincial finance departments are responsible for determining the approval procedures and approval authority for the above matters for local state-owned financial enterprises funded by the finance departments at all levels under their jurisdiction or managed by the finance departments authorized by the local people's government.

Article 25: Local financial departments should urge local state-owned financial enterprises to introduce a competitive mechanism to select accounting firms in accordance with relevant national laws and regulations, improve the quality of accounting information, and maintain national financial security. Local state-owned financial enterprises shall report to the local financial department the name of the accounting firm hired, the term of appointment, etc. Article 26 Local financial enterprises shall promptly submit quarterly (monthly) reports, annual financial accounts and financial analysis reports to local financial departments. The annual financial statements of local financial enterprises must be audited by an accounting firm with corresponding qualifications. The quality, accuracy and timeliness of submitted financial information will serve as an important basis for local financial departments to evaluate the financial management of local financial enterprises and provide financial support policies.

Article 27: Local financial departments should guide and urge local financial enterprises to organize accounting in accordance with the "Accounting Law", "Financial Rules for Financial Enterprises" and other laws and regulations to ensure that financial information is true and reliable. Local financial departments should classify, summarize, analyze and evaluate the financial information of local financial enterprises, and report to the people's government at the same level and the higher-level financial department in a timely manner.

Article 28 Local financial departments shall timely submit various fiscal and financial information in accordance with the requirements of the Ministry of Finance. The quality and timeliness of the submitted information will be used by the Ministry of Finance to assess and evaluate the financial supervision of local financial departments. important basis for work and financial support policies. Article 29: Local financial departments should establish an indicator database for monitoring the operations of local financial enterprises based on financial registration status, financial information, enterprise performance evaluation results, etc., and promptly discover and eliminate hidden risks. Major risk issues that arise in local financial enterprises should be reported to the local government and higher-level financial departments, and measures should be taken to resolve them as soon as possible to avoid turning financial risks into fiscal risks.

Article 30: Local financial departments shall, in accordance with various regulations formulated by the Ministry of Finance, establish a regular or irregular supervision and inspection system for local financial enterprises and their branches. Local financial departments should establish and improve local financial risk joint assessment mechanisms with agencies dispatched by financial regulatory authorities, formulate emergency plans, arrange necessary financial risk prevention funds, and maintain the stability of local financial order.

Article 31: Local financial departments shall, in conjunction with daily financial supervision, carry out special inspections on the financial implementation of local financial enterprises and other issues in a planned, focused and step-by-step manner. For local financial enterprises that violate national regulations in their financial management, local financial departments must strictly comply with laws and regulations such as the Accounting Law, the Regulations on Penalties for Fiscal Illegal Acts, and the Financial Rules for Financial Enterprises.

Article 32: If a local financial enterprise has any of the following circumstances, the local financial department shall order it to make corrections within a time limit, and shall notify and criticize it according to the seriousness of the case:

(1) Failure to comply with the regulations Submit establishment and change financial registration documents as required, fail to open and manage capital accounts as required, fail to list operating costs and expenses, recognize operating income, make impairment reserves, set aside reserves, and distribute profits as required;

(2) Financial risk control, raising and using funds, and asset management do not meet the prescribed requirements;

(3) Failure to handle fiscal funds and state-owned assets in accordance with regulations, and failure to pay off debts in the prescribed order , handling property, and not handling employee social insurance premiums and economic compensation in accordance with regulations;

(4) Distributing income to the person in charge of the enterprise in excess of the approved standards;

(5) Violating the relevant regulations on the trial implementation of the annuity system of state-owned financial enterprises;

(6) Other violations of the relevant regulations on the financial management of financial enterprises.

Article 33 If a local financial enterprise has any of the following circumstances, the local financial department shall order it to make corrections within a time limit, and give a warning to the financial enterprise, its person in charge and other persons directly responsible:

(1) Failure to establish an internal financial management system in accordance with regulations;

(2) The internal financial management system obviously conflicts with national laws, regulations and unified financial management rules and regulations, and does not comply with financial regulations. Modifications requested by the department;

(3) Failure to provide financial information in accordance with regulations;

(4) Refusing or obstructing the implementation of financial supervision in accordance with the law.

Article 34: If local financial enterprises violate these Measures and the relevant laws and regulations provide otherwise, they shall be dealt with and punished in accordance with their provisions. When local financial departments implement financial supervision in accordance with the law, any illegal or irregular matters that do not fall within the scope of the department's responsibilities should be transferred to the relevant management departments for handling in accordance with the law.

Article 35: Local financial enterprises that are found not to implement these measures through supervision and inspection, as well as local financial enterprises that have violated regulations and have not completed rectifications within the time limit, shall not continue to enjoy the benefits issued by the central finance and local finance. various preferential policies; for local financial departments that fail to implement these measures seriously, the Ministry of Finance will reduce or stop supporting corresponding local policies or funds depending on the severity of the case.

Article 36 Local finance department staff shall, in accordance with national laws and regulations, correctly perform financial supervision and management functions, keep corporate business secrets, and respond to abuse of power, dereliction of duty, malpractice for personal gain, or leaking state secrets, Those responsible for trade secrets will be dealt with in accordance with the law. Article 37 The financial departments of all provinces, autonomous regions, municipalities directly under the Central Government, and cities under separate state planning may formulate implementation details based on these Measures and in combination with the actual conditions of the region.

Article 38 These Measures shall come into effect on the date of issuance.