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Notice by the General Office of the China Banking and Insurance Regulatory Commission of Strengthening the Supervision and Administration of Small Loans Companies [Effective]
中国银保监会办公厅关于加强小额贷款公司监督管理的通知 [现行有效]
【法宝引证码】

Notice by the General Office of the China Banking and Insurance Regulatory Commission of Strengthening the Supervision and Administration of Small Loans Companies 

中国银保监会办公厅关于加强小额贷款公司监督管理的通知

(No. 86 [2020] of the General Office of the China Banking and Insurance Regulatory Commission) (银保监办发〔2020〕86号)

The local financial regulatory administrations of all provinces (autonomous regions, municipalities directly under the Central Government and cities under separate state planning) and the Xinjiang Production and Construction Corps: 各省(自治区、直辖市、计划单列市)、新疆生产建设兵团地方金融监督管理局:
For the purposes of further strengthening the supervision and administration, regulating the business operation behaviors, preventing and mitigating risks, and advancing the regulated and sound development of the industry of small loan companies, you are hereby notified of the relevant issues as follows: 为进一步加强监督管理、规范经营行为、防范化解风险,促进小额贷款公司行业规范健康发展,现就有关事项通知如下:
I. Regulating the business operation and improving the service capabilities   一、规范业务经营,提高服务能力
1. Improving financial services. Small loan companies shall conduct business according to the laws and regulations, improve the level of services for micro and small enterprises, farmers, urban groups of people with low income and other key inclusive financial service targets, practice the concept of inclusive finance, and support the development of the real economy. (一)改善金融服务。小额贷款公司应当依法合规开展业务,提高对小微企业、农民、城镇低收入人群等普惠金融重点服务对象的服务水平,践行普惠金融理念,支持实体经济发展。
2. Sticking to the main business of lending. Small loan companies shall mainly provide lending services. Small loan companies with relatively sound business operation and management, relatively strong risk control capability, and sound regulatory evaluation may, with approval of the local financial regulatory departments, offer bonds, offer asset securitization products with loans issued by them as underlying assets, grant shareholder loans, and provide other services according to the law. (二)坚守放贷主业。小额贷款公司应当主要经营放贷业务。经营管理较好、风控能力较强、监管评价良好的小额贷款公司,经地方金融监管部门批准可依法开展发行债券、以本公司发放的贷款为基础资产发行资产证券化产品、股东借款等业务。
3. Appropriately conducting external financing. The balance of proceeds raised by a small loan company through bank loans, shareholder loans and other non-standardized financing forms shall not exceed one times its net assets; and the balance of proceeds raised through offering of bonds, asset securitization products, and other form of standardized debt assets shall not exceed four times its net assets. The local financial regulatory departments may, according to the regulation needs, lower the upper limit of the ratio of the aforementioned external financing balance to net assets. (三)适度对外融资。小额贷款公司通过银行借款、股东借款等非标准化融资形式融入资金的余额不得超过其净资产的1倍;通过发行债券、资产证券化产品等标准化债权类资产形式融入资金的余额不得超过其净资产的4倍。地方金融监管部门根据监管需要,可以下调前述对外融资余额与净资产比例的最高限额。
4. Insisting on small sum and decentralization. Small loan companies granting loans shall follow the principle of small sum and decentralization, and reasonably determine the loan amount and term according to borrowers' income level, total debts, financial standing, actual needs and other factors, to ensure that borrowers' amount of repayment does not exceed their loan repayment capacity. The balance of loans granted by a small loan company to the same borrower shall not exceed 10% of the net assets of the small loan company; and the balance of loans to the same borrower and its affiliates shall not exceed 15% of the net assets of the small loan company. The local financial regulatory department may, according to the regulatory needs, lower the upper limit of the aforesaid loan balance. (四)坚持小额分散。小额贷款公司发放贷款应当遵循小额、分散的原则,根据借款人收入水平、总体负债、资产状况、实际需求等因素,合理确定贷款金额和期限,使借款人还款额不超过其还款能力。小额贷款公司对同一借款人的贷款余额不得超过小额贷款公司净资产的10%;对同一借款人及其关联方的贷款余额不得超过小额贷款公司净资产的15%。地方金融监管部门根据监管需要,可以下调前述贷款余额最高限额。
5. Monitoring the loan purposes. A small loan company shall specifically agree with the borrower on the loan purposes, and monitor the loan purposes as agreed in the contract. The loan purposes shall comply with the laws and regulations, as well as the national macro-control and industrial policies. Loans granted by a small loan company shall not be used for the following matters: investments in stocks and financial derivatives, among others; illegal financing on the real estate market; and other purposes prohibited by laws and regulations, the China Banking and Insurance Regulatory Commission (“CBIRC”) and the local financial regulatory department. (五)监控贷款用途。小额贷款公司应当与借款人明确约定贷款用途,并且按照合同约定监控贷款用途,贷款用途应当符合法律法规、国家宏观调控和产业政策。小额贷款公司贷款不得用于以下事项:股票、金融衍生品等投资;房地产市场违规融资;法律法规、银保监会和地方金融监管部门禁止的其他用途。
6. Focusing on serving the local areas. In principle, a small loan company shall carry out business in the county-level administrative areas at the place where the company is domiciled. For a small loan company with relatively sound business operation and management, relatively strong risk control capability, and sound regulatory evaluation may, with the approval of the local financial regulatory department, the restrictions on business areas may be relaxed, but the business area shall not exceed the provincial administrative areas where the company is domiciled, except as otherwise prescribed for operating online small loan business. (六)注重服务当地。小额贷款公司原则上应当在公司住所所属县级行政区域内开展业务。对于经营管理较好、风控能力较强、监管评价良好的小额贷款公司,经地方金融监管部门同意,可以放宽经营区域限制,但不得超出公司住所所属省级行政区域。经营网络小额贷款业务等另有规定的除外。
7. Reasonably determining the interest rates. A small loan company shall not deduct interests, commission fees, management fees, or margin from the loan principal in advance. In the event of illegal deduction in advance, repayment shall be made and interests shall be calculated according to the actual loan amount after the deduction. Small loan companies shall be encouraged to lower loan interest rates and reduce the financing costs of the real economy. (七)合理确定利率。小额贷款公司不得从贷款本金中先行扣除利息、手续费、管理费、保证金等,违规预先扣除的,应当按照扣除后的实际借款金额还款和计算利率。鼓励小额贷款公司降低贷款利率,降低实体经济融资成本。
8. Strictly guarding the bottom line of behaviors. No small loan company shall conduct any of the following acts: taking deposits directly or in a disguised manner; selling or transferring the company's credit assets other than non-performing credit assets through Internet platforms or various local trading venues; offering or selling on a commission basis financial management products, trust plans and other asset management products; or any other act prohibited by laws and regulations, the CBIRC, and the local financial regulatory departments. (八)严守行为底线。小额贷款公司不得有下列行为:吸收或者变相吸收公众存款;通过互联网平台或者地方各类交易场所销售、转让本公司除不良信贷资产以外的其他信贷资产;发行或者代理销售理财、信托计划等资产管理产品;法律法规、银保监会和地方金融监管部门禁止的其他行为。
II. Improving business operation and management and advancing sound development   二、改善经营管理,促进健康发展
9. Strengthening funds management. A small loan company shall strengthen funds management and implement special account management for funds lent (including self-owned funds and funds raised from the outside). Loans must be granted from the special lending account. A special lending account shall have the capability of depositing and withdrawing funds to support the small loan business, and be reported to the local financial regulatory department for recordation. The operation reports and detailed account statements of the special lending account issued by the bank shall be provided on a regular basis according to the requirements of the local financial regulatory department. The local financial regulatory department may, according to the regulatory needs, limit the number of special lending accounts.
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 (九)强化资金管理。小额贷款公司应当强化资金管理,对放贷资金(含自有资金及外部融入资金)实施专户管理,所有资金必须进入放贷专户方可放贷。放贷专户需具备支撑小额贷款业务的出入金能力,应当向地方金融监管部门报备,并按地方金融监管部门要求定期提供放贷专户运营报告和开户银行出具的放贷专户资金流水明细。地方金融监管部门根据监管需要,可以限定放贷专户数量。
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