I. Work Objectives and Principles
1, work target
Implement the requirements of the Guiding Opinions, standardize all kinds of Internet financial formats, optimize the market competition environment, reverse the situation that some Internet financial formats deviate from the correct direction of innovation, curb the frequent occurrence of Internet financial risk cases, raise investors' awareness of risk prevention, establish and improve a long-term supervision mechanism that adapts to the development characteristics of Internet finance, achieve equal emphasis on standardization and development, innovation and risk prevention, promote the healthy and sustainable development of Internet finance, and give full play to the positive role of Internet finance in supporting mass entrepreneurship and innovation.
2. Working principle
Combat illegality and protect legality. Clarify the boundaries between legality and illegality, compliance and violation of various businesses, and keep the legal and risk bottom line. Protect and support legal and compliant behaviors and resolutely crack down on illegal and illegal behaviors.
Actively, steadily and orderly resolve. Steady and steady, pay attention to methods and steps, clarify key issues, and classify policies for different risk areas. According to the severity of illegal acts and the degree of social harm, do a good job in risk assessment, dispose of risks in accordance with the law, orderly and steadily, and prevent the disposal of risks. At the same time, adhere to fair and just rectification and make no exceptions.
Clear division of labor and strengthen cooperation. According to the responsibilities of the department, the division of labor stipulated in the Guiding Opinions and the requirements of this plan, the "penetrating" supervision method is adopted, and the responsibilities are clearly defined according to the nature of the business. Adhere to the problem orientation, focus on rectifying the main risk areas of Internet finance, and effectively rectify all kinds of illegal behaviors. Fully consider the characteristics of Internet financial activities, strengthen cross-departmental and cross-regional cooperation, with * * * undertaking the rectification task and * * * implementing the rectification responsibility.
Combine far and near, and change while doing. Based on the current situation, effectively prevent and resolve risks in the field of Internet finance, and effectively deter illegal activities. Focus on the long term, take the opportunity of special rectification, sum up and refine experience in time, form institutional rules, and establish and improve a long-term mechanism for Internet financial supervision.
Second, the key remediation problems and work requirements
1, P2P peer-to-peer lending and equity crowdfunding.
(1)P2P peer-to-peer lending platform shall adhere to the legal bottom line and policy red line, implement the nature of information intermediary, and shall not set up a fund pool, issue loans, illegally raise funds, engage in self-protection, promise to protect the capital and interest on behalf of customers, mismatch the term, split the term, make false propaganda or make fictitious targets, and shall not fabricate or exaggerate the income prospects of financing projects to mislead lenders, except for credit information collection and verification, post-loan tracking and pledge management.
(2) The equity crowdfunding platform shall not publish false targets, raise funds by itself or raise funds in disguise. Strengthen the information disclosure obligations and shareholders' rights protection requirements for financiers and equity crowdfunding platforms, and do not make false statements or misleading propaganda.
(3) P2P peer-to-peer lending platforms and equity crowdfunding platforms shall not engage in financial services such as asset management, transfer of creditor's rights or equity, and allocation of funds in high-risk securities markets without approval. Peer-to-peer lending platform and equity crowdfunding platform shall manage client funds and their own funds separately, follow the principle of professional operation, strictly implement the requirements for third-party depository of client funds, select qualified banking financial institutions as fund depository institutions, protect the safety of client funds, and shall not misappropriate or occupy client funds.
(4) Real estate development enterprises, real estate intermediaries and internet financial institutions shall not engage in real estate finance business by using P2P peer-to-peer lending platform or equity crowdfunding platform without obtaining relevant financial qualifications; Those who have obtained relevant financial qualifications shall not engage in real estate finance-related business in violation of regulations.
Enterprises engaged in real estate finance business should abide by macro-control policies and relevant provisions of real estate finance management. Standardize internet "crowdfunding to buy a house" and other behaviors, and prohibit all kinds of institutions from carrying out "down payment" business.
2. Carry out asset management and cross-border financial business through the Internet.
(1) Internet enterprises shall not rely on the Internet to conduct corresponding business without obtaining relevant financial business qualifications, and the essence of conducting business shall be consistent with the business qualifications obtained. Internet companies compete on an equal footing with traditional financial companies, and their rules of conduct and regulatory requirements are consistent. Adopt a "penetrating" supervision mode to identify business attributes according to the nature of the business.
(two) without the approval of the relevant departments, it is not allowed to sell all kinds of financial products issued by private placement to the public through packaging, splitting and other forms. Adopt a "penetrating" supervision mode and implement corresponding supervision regulations according to the essential attributes of the business. When selling wealth management products, we should strictly implement the institutional standards of investor suitability, make information disclosure and risk warning, and not sell products to customers with mismatched risk tolerance.
(3) Financial institutions shall not rely on the Internet to carry out asset management business and evade regulatory requirements by nesting various asset management products. We should integrate the whole process information such as the source of funds, intermediate links and final investment, adopt a "penetrating" supervision mode, and judge the essential attributes of the business, supervision responsibilities, behavior rules and regulatory requirements to be followed through the surface.
(4) Those who have obtained multiple financial business qualifications within the same group shall not violate related business norms such as related party transactions. According to the regulatory rules consistent with traditional financial enterprises, the Group is required to establish a "firewall" system, follow the regulatory provisions on related party transactions, and effectively prevent cross-infection of risks.
3. Third-party payment services
(1) Non-bank payment institutions shall not misappropriate or occupy the customer reserve fund, and the customer reserve fund account shall be opened in the People's Bank of China or a qualified commercial bank. The People's Bank of China or commercial banks do not calculate and pay interest on the reserve account of non-bank payment institutions, prevent payment institutions from taking "eating spreads" as the main profit model, rationalize the incentive mechanism for business development of payment institutions, and guide non-bank payment institutions to return to the purpose of providing small, fast and convenient micro-payment services.
(2) Non-bank payment institutions shall not connect multiple banking systems to conduct inter-bank clearing business in disguised form. Non-bank payment institutions shall conduct inter-bank payment business through the inter-bank clearing system of the People's Bank of China or a legally qualified clearing institution.
(3) Institutions engaged in payment business shall obtain corresponding business qualifications according to law, and shall not engage in payment business without a license, and carry out businesses such as merchant fund settlement, personal POS machine receipt and payment, issuance of multi-purpose prepaid cards, and online payment.
4. Advertising and other behaviors in the field of Internet finance.
Advertising and other publicity activities in the field of Internet finance shall be legal, true and accurate, and improper publicity of financial products and businesses shall not be allowed. Institutions that have not obtained relevant financial business qualifications may not publicize financial business or corporate image. To obtain relevant business qualifications, the publicity content shall comply with the provisions of relevant laws and regulations, and if it needs to be approved by the competent department, it shall be consistent with the permitted content, and shall not be misleading, false or illegal.
Third, comprehensively apply various remediation measures to improve the remediation effect.
1, strict access management
The establishment of financial institutions and financial activities must be subject to access management according to law. Those who engage in financial activities without the approval or filing of the relevant competent departments shall be identified and investigated by the financial management department in conjunction with the industrial and commercial departments, and shall be banned if the circumstances are serious.
The industrial and commercial department shall revoke its business license according to the opinions of the financial management department; Suspected of committing a crime, the public security organ shall investigate and deal with it according to law.
In principle, non-financial institutions and enterprises not engaged in financial activities shall not use the words "exchange", "trading center", "finance", "asset management", "wealth management", "investment management", "equity investment fund", "online loan" and "peer-to-peer lending" in their registered names and business scope.
If an enterprise (including a joint-stock enterprise) chooses to use the above words in its name and business scope, the industrial and commercial department will promptly inform the financial management department of its registration information, and the financial management department and the industrial and commercial department will continue to pay attention to it and list it as a key regulatory object, strengthen coordination and communication, timely discover and identify the risks of enterprises engaging in financial activities without authorization, and take corrective measures as appropriate.
2. Strengthen fund monitoring.
Strengthen the centralized management and inter-bank clearing of fund accounts of Internet financial institutions, and comprehensively monitor the fund accounts, shareholders' status, sources and use of funds of Internet financial institutions. Internet financial institutions are strictly required to implement the third-party depository system for client funds, and depository banks should strengthen supervision over relevant fund accounts. In the process of rectification, it is especially necessary to do a good job in protecting customers' funds.
3. Establish a system of reporting and "rewarding and punishing severely"
In view of the strong concealment of internet financial violations, we should play the role of social supervision, establish a reporting system, introduce reporting rules, and set up a reporting platform by China Internet Finance Association to encourage reporting through the "Credit China" website and other channels to provide clues for rectification work. We will implement the system of "heavy rewards and heavy penalties", punish according to a certain proportion of illegal business, increase illegal costs, reward informants who provide clues, incorporate incentive funds into fiscal budgets at all levels, and strengthen positive incentives. Strengthen the enjoyment of untrustworthy information, complaints and reports.
4. Intensify efforts to rectify unfair competition.
Clean up and standardize unfair competition behaviors such as providing unreasonable high returns and disguised subsidies to customers in order to seize market share. High-risk and high-yield wealth management products should strictly implement investor suitability standards and strengthen information disclosure requirements. It is clear that Internet financial institutions are not allowed to provide high-return financial products to customers by subsidizing their own funds, cross-subsidizing or using other customers' funds in an express or implied way. Pay close attention to the situation that the commitment or actual income level of internet financial products is significantly higher than the project yield or industry level.
China Internet Finance Association set up an expert review committee, and relevant departments assessed and identified unfair competition in Internet finance, and handed over the results to relevant departments as the basis for punishment.
5. Strengthen internal control management.
The financial management department and the institutions supervised by the financial management department of the local people's government should clean up and investigate the business that the institution cooperates with the Internet platform, strictly control the requirements, and must not violate the relevant laws and regulations, cooperate with Internet companies that have not obtained the corresponding financial business qualifications, and must not carry out cross-border financial activities through the Internet for regulatory arbitrage.
Financial management departments and local people's governments should clean up and rectify the cooperation between the regulated institutions and Internet enterprises in different fields and regions.
6. Make good use of technical means
Using internet thinking to do a good job in internet financial supervision. Study and establish a technical support system for Internet finance supervision, find out the overall situation of Internet finance through online inspection, website docking, data analysis and other technical means, collect and submit relevant public opinion information, promptly warn the possible mass incidents of relevant units, and timely discover abnormal events and suspicious websites of Internet finance, so as to provide security protection services for the Internet financial platform.
Fourth, strengthen organization and coordination and implement the main responsibility.
1, department planning
Set up a rectification work leading group (hereinafter referred to as the leading group) headed by the responsible comrades of the People's Bank of China and attended by the responsible comrades of relevant departments to promote the rectification work in general, make a summary, and summarize and put forward long-term mechanism suggestions. The office of the leading group is located in the People's Bank of China, and the CBRC, CSRC, CIRC, SAIC and the Ministry of Housing and Urban-Rural Development send personnel to participate in the daily work of the office.
The People's Bank of China, the China Banking Regulatory Commission, the China Securities Regulatory Commission, the China Insurance Regulatory Commission and the State Administration for Industry and Commerce, according to the responsibilities of their respective departments, the clear division of labor in the Guiding Opinions and the requirements of this plan, set up working groups in different fields to be responsible for the special rectification work in corresponding fields, clarify the standards for determining the legality and compliance of various businesses, and divide the boundaries of new problems found in the rectification process in different fields as the basis for rectification, and urge all regions to do a good job in accordance with the unified national arrangements.
2. Territorial organizations
The provincial people's government set up a leading group headed by the responsible comrades in charge of finance (hereinafter referred to as the local leading group), which is responsible for implementing the rectification plan, organizing the local special rectification work, formulating the local special rectification work plan and reporting to the leading group. The local leading group office is located in the financial offices (bureaus) of provinces (autonomous regions and municipalities) or the branches above the central branch of the provincial capital city of the People's Bank of China.
The people's governments at the provincial level should give full play to the advantages of coordinating the mobilization of resources and being close to the grassroots, do a good job in the investigation of local areas, conduct centralized management of employees according to the place of registration, classify and dispose of employees suspected of violating laws and regulations according to the seriousness of the case, and at the same time earnestly assume the responsibility of the first responsible person for preventing and disposing of illegal fund-raising.
The people's governments at the provincial level should fully implement measures to maintain stability at the source, actively prevent, fully resolve and properly handle unstable factors in the financial sector, keep the bottom line that systematic regional financial risks do not occur, and maintain social harmony and stability.
3. Strip combination
All relevant departments should actively cooperate with the financial management department to carry out their work.
The State Administration for Industry and Commerce and the financial management department are responsible for the special rectification of Internet financial advertisements, and the financial management department and the State Administration for Industry and Commerce jointly carry out the special rectification of financial activities in the name of investment and wealth management.
The Ministry of Industry and Information Technology is responsible for strengthening the supervision of network security protection, user information and data protection of Internet financial institutions, disposing of Internet financial websites and mobile applications deemed illegal by relevant departments according to law, and doing a good job in technical support for special rectification.
The Ministry of Housing and Urban-Rural Development and the financial management department jointly cleaned up and rectified the situation of real estate development enterprises and real estate intermediaries using the Internet to engage in financial business or cooperating with Internet platforms to carry out financial business.
Publicity Department of the Communist Party of China and the National Internet Information Office take the lead in internet financial news propaganda and public opinion guidance.
The Ministry of Public Security is responsible for guiding local public security organs to investigate and deal with criminal problems such as suspected illegal fund-raising and illegal securities and futures activities found in the special rectification work according to law, and strengthen the work of preventing escape, controlling stolen goods, pursuing and recovering losses; Guide, supervise and inspect Internet financial institutions to implement the hierarchical protection work, urge and guide Internet financial websites to implement network and information security management systems and measures according to law, and severely crack down on illegal and criminal activities that infringe on users' personal information security; To guide local public security organs, under the leadership of local party committees and governments, to do a good job in preventing and handling mass incidents and maintaining social stability in conjunction with relevant departments.
The State Bureau for Letters and Calls is responsible for receiving and accepting letters and visits related to petitioners.
Central Office for Maintaining Stability, the Supreme People's Court, the Supreme People's Procuratorate, etc.
China Internet Finance Association should give full play to the role of industry self-discipline, improve self-discipline rules, implement necessary self-discipline punishment, establish a reporting system, and do a good job in risk early warning.
4, * * * and responsibility
All relevant departments and provincial people's governments should fully grasp the development of Internet financial activities in leading regions or administrative regions. Under the unified leadership of the provincial people's government, the provincial offices of financial management departments and the financial offices (bureaus) of provinces (autonomous regions and municipalities) take the lead in the rectification work in their respective regions and undertake the rectification tasks in different regions.
For cross-nested products and businesses, it is necessary to integrate the business information of the whole process and identify the essential attributes of the business. Relevant departments should establish data exchange and business essence identification mechanisms. If the appraisal opinions are inconsistent, the leading group will study and appraise and put forward rectification opinions, and form a joint group to carry out rectification when necessary.
In the process of rectification, if it is really necessary for the relevant lead departments to obtain the information of employees' accounts, the necessary account inquiry facilities will be given after legal procedures.
Fifth, steadily push forward the rectification work.
1, conduct a thorough investigation.
The people's governments at the provincial level shall formulate plans for cleaning up and rectifying the local areas and report them to the leading group before May 20 16 15. At the same time, all relevant departments and provincial people's governments should conduct an inventory of leading areas or administrative regions respectively. For cross-regional Internet financial platforms, the provincial people's governments where they are registered and operated should strengthen cooperation, exchange summary information and check the situation, and the financial management departments should actively support them.
The units and individuals under investigation shall accept the inspection and investigation conducted according to law, truthfully explain the relevant situation and provide relevant documents and materials, and shall not refuse, obstruct or conceal them. The relevant departments may collect evidence by recording, copying and video recording the information and materials related to the case according to law.
In the case that the evidence may be lost or difficult to obtain later, it may be registered and preserved in advance according to law, and the parties or relevant personnel may not destroy or transfer the evidence. For large-scale Internet financial platforms involving a large amount of funds and a large number of people, or Internet financial platforms and enterprises that have developed rapidly in a short period of time, once they are found to be suspected of major illegal fund-raising and other illegal acts, they will immediately report to the relevant departments.
The provincial people's government should improve the local clean-up and rectification plan according to the thorough investigation.
This work was completed before the end of July 2065438+2006.
2. Implementation of rectification.
All relevant departments and provincial people's governments should carry out centralized rectification of Internet financial institutions and business activities in leading areas or administrative areas.
Clean up the problems found in the rectification, issue rectification opinions to the illegal institutions, and supervise the institutions to implement the rectification requirements. For minor violations, require rectification within a time limit; Those who refuse to rectify or violate the rules are serious, and resolutely shut down or ban them according to the law; Suspected of a crime, transferred to the relevant judicial organs. The special rectification will not change or replace the existing institutional arrangements for illegal fund-raising and illegal trading places.
This work will be completed before the end of 10, 20 1 165438.
3. Supervision and evaluation
The member units of the leading group and the local leading group organize self-examination respectively. The leading group organizes supervision and mid-term evaluation of key areas and key areas, promotes good experiences and practices in a timely manner, fails to implement rectification work, and rectifies batch after batch. It is necessary to find problems, rectify them in time, and establish an accountability mechanism.
This work will be completed synchronously before the end of 20 16 1 1.
4, acceptance and summary
The leading group organizes the acceptance of the clean-up and rectification work in various fields and regions. The relevant departments and the provincial people's government shall form a rectification report in the lead field or administrative region and submit it to the office of the leading group. This work should be completed before the end of 20 17 1.
The Office of the Leading Group summarized the overall report and suggestions on establishing and improving the long-term mechanism of Internet financial supervision, which was reported to the State Council by the People's Bank of China in conjunction with relevant departments. This work was completed before the end of March 2065438+2007.
Sixth, do a good job in organizational guarantee and build a long-term mechanism.
All relevant departments and provincial people's governments should do a good job in organizational guarantee, take the rectification work as an opportunity, take the problems found in the rectification process as the guide, and follow the idea of rectifying the whole side and treating both the symptoms and the root causes, and promptly promote the construction of a long-term mechanism throughout the rectification work.
1, improve the rules and regulations
Accelerate the formulation of various rules and regulations in the field of Internet finance, and timely study and formulate relevant policy requirements and regulatory rules for various innovative businesses of Internet finance. Based on practice, we will study and solve the problems exposed in the field of Internet finance, such as the inadaptability of the financial supervision system, strengthen functional supervision and comprehensive supervision, and clarify the "penetrating" supervision rules for cross-border and cross-type Internet financial products.
2. Strengthen risk monitoring.
Establish a centralized registration system for Internet financial products, study the unified establishment and centralized monitoring of fund accounts on Internet financial platforms, and rely on strict account management and centralized monitoring of funds to achieve normal monitoring and effective supervision of Internet financial activities.
Accelerate the construction of credit system in the field of internet finance, strengthen the supervision of credit reporting institutions, and make credit reporting provide better support for internet financial activities. Strengthen the technical support of Internet financial supervision, expand the functions of technical support system, and improve the safety monitoring ability. Strengthen information sharing among departments and establish a rapid response mechanism for early warning information transmission, verification and disposal.
3. Improve industry self-discipline.
Give full play to the role of China Internet Finance Association, formulate industry standards and data statistics, information disclosure, anti-unfair competition and other systems, improve the self-discipline and punishment mechanism, carry out risk education, and form a long-term supervision mechanism that combines legal supervision with self-discipline management and fully covers the field of Internet finance.
4. Strengthen publicity and education and public opinion guidance.
All relevant departments and provincial people's governments should strengthen policy interpretation and public opinion guidance, and encourage Internet finance to innovate and develop under the premise of compliance with laws and regulations. Take the case as a mirror, educate the masses with typical cases, and improve investors' awareness of risk prevention. Take the initiative to speak out in time, unify the external propaganda, and respond to investors' concerns and demands in a targeted manner. Timely announce the progress of the case in an appropriate way to minimize the impact of information asymmetry. Strengthen public opinion monitoring, strengthen the media responsibility, guide investors to reflect their demands reasonably and legally, and create a good public opinion environment for the rectification work.