In order to conscientiously implement the work arrangements of the municipal party committee and the municipal government to support industry and promote trade, and further promote the risk disposal of enterprises in our district, according to the "Several Opinions of the Wenzhou Municipal People's Government on Further Handling and Resolving Guarantee Chain Issues of Risky Enterprises" " (Wen Zheng Fa [2013] No. 55), "Implementation Opinions of the Wenzhou Municipal People's Government Office on State-owned Guarantee Institutions Promoting Enterprise Risk Disposal Work for Guaranteeing Private Enterprises" (Wen Zheng Ban [2013] No. 110) and Wenzhou Municipal Committee of the Communist Party of China The spirit of Special Meeting Minutes [2013] No. 53, after research by the District People's Government, is hereby put forward the following implementation opinions on the state-owned guarantee institutions' guarantee for private enterprises to promote enterprise risk disposal:

1. Main principles

State-owned guarantee institutions provide guarantees for private enterprises (hereinafter referred to as "Guobao Min"), which refers to a situation in which a state-owned guarantee institution selectively and conditionally provides guarantees for private enterprises or changes their guarantee relationships during the process of enterprise risk resolution. This measure is designed to help risky enterprises that are expected to escape from danger resume normal production and operations or to help enterprises with normal production and operation get rid of the guarantee chain difficulties. The following principles should be followed during the implementation process:

(1) Principle of targeted use. In order to implement the policies of the municipal party committee and the municipal government to support the development of the real economy, the "national protection of the people" is preferential to the real economy, and the applicable objects must be industrial manufacturing entities in Ouhai District.

(2) Selection of usage principles. As an important measure for the disposal of risky enterprises and the resolution of guarantee chains, "national protection of citizens" should not be used universally and is only applicable to specific objects under specific conditions.

(3) Principle of limited liability. "National Guaranteeing People" is not an all-encompassing liability swap. During the implementation process, it neither exempts borrowing companies from their repayment responsibilities, nor exempts guaranteeing companies from their reimbursement responsibilities. Guarantee responsibilities are limitedly performed through prior negotiation and agreement.

(4) Fund security principles. The implementation of "national protection of the people" must be carried out in strict accordance with scientific and standardized operating procedures. The amount of guarantee is limited to 3-5 times the average tax payment of the enterprise in the previous three years. The compensation risk arising from the guarantee shall be negotiated by the enterprise, bank and state-owned guarantee institution. bear.

2. Positioning of measures

According to the requirements of the principle of targeted use and selective use, "national protection of the people" should be positioned in two links.

(1) As one of the risk disposal measures.

When an enterprise's capital chain is broken and it is in danger and new funds need to be injected into the enterprise for assistance, state-owned guarantee institutions can participate. The specific situation is as follows:

1. Based on the situation of the enterprise in danger, after comprehensive evaluation, it is believed that the enterprise is expected to get out of the predicament through assistance, and banking financial institutions are encouraged and guided to increase the credit line or loan amount for the enterprise on the condition that the state-owned guarantee institution provides guarantee.

2. Banking financial institutions agree to increase credit lines or loan amounts for enterprises. After evaluation and approval, state-owned guarantee institutions can help enterprises provide guarantees for bank financing.

(2) As one of the measures to resolve the guarantee chain.

1. In order to prevent normal enterprises in the guarantee chain from being implicated by insurance companies and falling into trouble, state-owned guarantee institutions can provide guarantees for normal enterprises to obtain bank financing. The specific situations are as follows:

(1) If a normal enterprise loses its guarantee capacity due to risks arising from the guarantee enterprise, the state-owned guarantee institution can replace the insured enterprise to provide guarantees for the normal enterprise and renew the loan from the bank.

(2) Normal enterprises are affected by risky enterprises and need to perform guarantee responsibilities to repay loans for them. If there is a shortage of funds and difficulty in repayment or operating difficulties arise after repayment, the state-owned guarantee agency can Guarantee bank financing for enterprises.

2. In order to prevent normal enterprises in the guarantee chain from being involved in difficulties during the demolition compensation period of government projects, state-owned guarantee institutions can provide guarantees for enterprises to obtain bank financing. The specific situations are as follows:

(1) If a normal enterprise loses its asset mortgage ability due to the demolition of a government project and is deficient in guarantees, the state-owned guarantee agency can provide the normal enterprise with the amount of the original asset mortgage for the demolition of the government project. Renew the loan from the bank with the guarantee.

(2) If a normal enterprise loses part of its asset mortgage due to the demolition of a government project and its guarantee capacity is reduced, the state-owned guarantee agency can provide a guarantee of 70% of the assessed value of the assets as compensation for the demolition of the government project to the normal enterprise. Get financing from banks.

3. Applicable conditions

According to the relevant requirements of the main principles, the applicable objects of "National Security" should meet the following relevant conditions:

(1) Scope of this area Industrial manufacturing enterprises with independent legal person status;

(2) Well-known enterprises in the industry or leading enterprises with social influence;

(3) It is expected to pass the "National Protection of People" Enterprises that have emerged from difficulties, or enterprises that can effectively prevent chain risks of enterprises in the guarantee chain after assistance. < /p>

(1) Application.

According to the above regulations, qualified enterprises must apply to the state-owned guarantee agency together with the bank ***.

When applying, you need to submit the following materials and be responsible for the authenticity and validity of the information:

1. Enterprise application report;

2. Basic situation of the enterprise;

3. Corporate financial statements, asset list, debt list;

4. A description of the investment situation related to the enterprise;

5. Specific and feasible written difficulty relief plan and bank loan repayment plan;

6. The enterprise voluntarily accepts the supervision of asset changes, disposals, production and operations, financial audit supervision, and a shareholder meeting resolution statement that is responsible for the authenticity and validity of the information provided.

(2) Evaluation.

After receiving an application from an enterprise, the state-owned guarantee agency will conduct a completeness review of the relevant materials. If the materials are incomplete or incomplete, the state-owned guarantee agency should return the application for processing and fully inform the reason for the return at once; if the submitted materials are complete and complete, the state-owned guarantee agency should entrust a qualified third-party intermediary agency within 5 working days. Review and evaluate its assets, liabilities, production and operations, etc.:

1. Whether it meets the circumstances specified in the "measure positioning" and "applicable conditions";

2. The authenticity and validity of relevant information provided by the enterprise;

3. Whether the enterprise operates illegally, and whether the person in charge, legal representative, major shareholders, actual controller, etc. are involved in illegal or criminal acts or escape;

4. Whether the corporate legal person is involved in speculation, etc.;

5. Whether the company's product orders are sufficient, whether the product market prospects are promising, as well as the company's sustainable operation and development capabilities such as product technical content, brand awareness, market share, industry visibility, influence, etc.;

6. The company's main investment projects;

7. Corporate assets, liabilities (bank borrowings, social loans, various payables, etc.), profitability, financial management and other corporate financial status;

8. The feasibility of the poverty alleviation plan and the bank loan repayment plan;

9. Other possible risks may have an impact on the security of guaranteed funds.

In order to ensure the safety of state-owned guaranteed assets, through a comprehensive review and evaluation of the above aspects, a third-party agency will issue an evaluation report and give clear opinions or suggestions, including the company's "Difficulty Relief Plan and Bank Loan Repayment Plan" modifications and improvements, risk control methods and measures, appropriate guarantee amounts and other matters. The state-owned guarantee institution shall comprehensively review whether to grant state-owned guarantee based on the opinions of the evaluation agency. If it agrees to grant state-owned guarantee, it shall formulate a comprehensive plan for state-owned guarantee in a timely manner, and submit it to the district joint meeting for record together with the third-party evaluation report and the approval opinion on granting state-owned guarantee. If it involves particularly major matters or falls under special guarantee circumstances, it shall be reported to the district joint meeting for review and approval.

(3) Implementation.

The state-owned guarantee agency organizes personnel to carry out docking negotiations between enterprises and banks in accordance with the company's relevant working rules. During the docking negotiation process, possible compensation responsibilities must be agreed with the bank in accordance with the principle of limited liability. After the relevant procedures are completed, the information will be organized and archived for reference.

(4) Supervision.

After the implementation of state-owned guarantee work, the state-owned guarantee agency is responsible for the "Difficulty Relief Plan and Bank Loan Repayment Plan" submitted by the enterprise, as well as the changes, use, income, disposal of the enterprise's assets, equity, etc., as well as the enterprise's operating status, In particular, business activities such as the flow of funds must be reviewed and supervised in real time. Correct and deal with existing problems in a timely manner, and report to the district joint meeting regularly to ensure the safety of state-owned assets.

(5) Exit.

As a temporary emergency measure in the process of corporate assistance and disposal, "national protection of the people" must establish and improve an exit mechanism. First, when the financial situation of an enterprise guaranteed by a state-owned guarantee agency returns to normal, the state-owned guarantee agency will withdraw in a timely manner; second, when the guarantee contract expires, the state-owned guarantee agency will withdraw immediately; third, when the guaranteed enterprise goes bankrupt and liquidates, the prior contract stipulates that priority will be given to the recipients. If the loan is repaid, the state-owned guarantee institution will give priority to exit.

5. Safeguard measures

(1) Strengthen organizational leadership. District Government Office, District Discipline Inspection Commission, District People’s Congress Financial and Economic Committee, District Economic and Information Bureau, District Finance Bureau (State-owned Assets Office), District Land and Resources Bureau, District Housing and Urban-Rural Development Bureau, District Audit Bureau, District Statistics Bureau, District Government Affairs Management Bureau, District The relevant persons in charge of the Finance Office, District Local Taxation Bureau, District National Taxation Bureau, District Industrial and Commercial Bureau, District Land Transfer Office, District Acquisition and Relocation Office, Zhejiang Ouhai Railway Development Co., Ltd., various sub-district offices, Zeya Town People’s Government and other units are state-owned by the district. The guarantee agency is a member of the Joint Meeting on Guarantee Work of Private Enterprises. The joint meeting office is located in the District Economic and Information Bureau and is responsible for organizing the joint meeting and daily work.

(2) Establish a state-owned guarantee company. In the process of enterprise risk disposal, state-owned guarantee institutions conditionally provide guarantees for private enterprises. The district economic and credit bureau takes the lead and Zhejiang Ouhai Railway Development Co., Ltd. establishes a financing guarantee company, which can be a wholly-owned company or a state-owned legal person holding company. company.

(3) Strengthen overall planning and coordination. State-owned guarantee institutions can collaborate with listed companies, M&A funds, investment banks and other institutions to follow up investments in guaranteed enterprises; negotiate with banking financial institutions to provide preferential loan interest rates to enterprises; and provide preferential guarantee fees to enterprises. Continue to give full play to the role of district-level government emergency transfer funds to ease the pressure on enterprises to repay loan funds.

(4) Establish compensation assessment. If compensation occurs, the district government will take the lead and the district joint meeting will conduct a responsibility review and evaluate whether the applicable objects meet the conditions, whether the work process is standardized, and whether the supervision of the enterprise after the intervention of the state-owned guarantee agency is in place.