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Notice by Seven Departments Including the China Banking and Insurance Regulatory Commission of the Effective Regulation of Government Financing Guarantee Institutions [Effective]
中国银保监会等七部门关于做好政府性融资担保机构监管工作的通知 [现行有效]
【法宝引证码】

Notice by Seven Departments Including the China Banking and Insurance Regulatory Commission of the Effective Regulation of Government Financing Guarantee Institutions 

中国银保监会等七部门关于做好政府性融资担保机构监管工作的通知

(No. 39 [2020] of the China Banking and Insurance Regulatory Commission) (银保监发[2020]39号)

The financial regulatory bureaus of all provinces, autonomous regions, and municipalities directly under the Central Government; the finance departments (bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government, and cities under separate state planning; the Finance Bureau of Xinjiang Production and Construction Corps; all the local offices of the China Banking and Insurance Regulatory Commission (“CBIRC”); all policy banks, large banks, and joint-stock banks; foreign-funded banks; financial asset management companies; and all entities administered by the CBIRC: 各省、自治区、直辖市地方金融监督管理局,各省、自治区、直辖市、计划单列市财政厅(局),新疆生产建设兵团财政局,各银保监局,各政策性银行、大型银行、股份制银行,外资银行,金融资产管理公司,各会管单位:
For the purposes of maximizing the role of government financing guarantee institutions, greatly expanding the coverage of government financing guarantees, significantly reducing fee rates, solidly conducting the "six-sphere stability" work, and fully implementing the "six-sphere guarantee" tasks, according to the relevant spirit of the Opinions of the State Council on Promoting the Accelerated Development of the Financing Guarantee Industry (No. 43 [2015], State Council) and the relevant requirements of the Guiding Opinions of the General Office of the State Council on Effectively Bringing into Play the Role of Government Financing Guarantee Funds and Effectually Supporting the Development of Micro and Small-Sized Enterprises and “Agriculture, Rural Areas and Farmers” (No. 6 [2019], General Office of the State Council), you are hereby notified of the matters concerning the effective regulation of government financing guarantee institutions as follows: 为充分发挥政府性融资担保机构作用,大幅拓展政府性融资担保覆盖面并明显降低费率,扎实做好“六稳”工作,全面落实“六保”任务,根据《国务院关于促进融资担保行业加快发展的意见》(国发〔2015〕43号)有关精神,按照《国务院办公厅关于有效发挥政府性融资担保基金作用切实支持小微企业和“三农”发展的指导意见》(国办发〔2019〕6号)有关要求,现就做好政府性融资担保机构监管工作有关事项通知如下:
I. Confirming government financing guarantee institutions   一、开展政府性融资担保机构确认工作
Provincial finance departments in all regions shall, in conjunction with provincial departments regulating financing guarantee companies (hereinafter referred to as the “regulatory departments”), confirm government financing guarantee institutions and create lists of government financing guarantee institutions (hereinafter referred to as the “lists”). The term “government financing guarantee institution” means a financing guarantee and re-guarantee institution established in accordance with the law, funded and actually controlled by the government or its authorized institution, with the main business objectives of serving micro and small-sized enterprises and businesses related to "agriculture, rural areas and farmers." 各地省级财政部门会同省级融资担保公司监督管理部门(以下简称监督管理部门)开展政府性融资担保机构确认工作,建立政府性融资担保机构名单(以下简称名单)。政府性融资担保机构是指依法设立,由政府及其授权机构出资并实际控股,以服务小微企业和“三农”主体为主要经营目标的融资担保、再担保机构。
All regions shall attach great importance to the confirmation of government financing guarantee institutions, give priority to including institutions with strong capabilities and in well-regulated operation in the lists, and temporarily exclude institutions with insufficient guarantee capabilities, in illegal and irregular operations, or carrying material risk, from the lists. In principle, institutions engaged in specific business such as residential property purchase guarantees and bond issuance guarantees shall be excluded from the lists; and institutions in the national agricultural credit guarantee system shall be included in the lists, and their business, risk prevention, and management systems, among others, shall be subject to the relevant policies and regulations related to the national agricultural credit guarantee system. 各地应当高度重视政府性融资担保机构确认工作,优先将实力较强、经营规范的机构纳入名单,担保能力不足、违法违规经营、出现重大风险的机构暂不纳入名单。原则上开展住房置业担保、发行债券担保等特定业务的机构不纳入名单;全国农业信贷担保体系内的机构应当纳入名单,其业务开展、风险防范、管理体制等按照全国农业信贷担保体系有关政策规定执行。
In accordance with the working ideas that a group will be published once the time is ripe, each region shall determine the list of the first group before the end of September 2020, publish the list on the official website of the provincial finance department, continue to update the list in a timely manner, and submit the list to the Ministry of Finance and the CBIRC for recordation. A government financing guarantee institution that has established a sustainable capital replenishment and risk compensation mechanism or has been included in the scope of cooperation with the National Financing Guarantee Fund in equity investment and re-guarantee business shall be noted in the list. 按照成熟一批、公示一批的工作思路,各地应当于2020年9月底前确定第一批名单,在省级财政部门官方网站上予以公布,持续及时更新名单,并报送财政部、银保监会备案。对已建立可持续资本补充、风险补偿机制以及已纳入国家融资担保基金股权投资、再担保业务合作范围的政府性融资担保机构,在名单中予以备注。
II. Adhering to the functional position of government financing guarantee institutions   二、坚守政府性融资担保机构功能定位
Government financing guarantee institutions shall adhere to their quasi-public position, make up for market deficiencies, lower service thresholds, mainly engage in loan guarantee business, focus on the main business of supporting micro and small-sized enterprises and businesses related to “agriculture, rural areas and farmers,” and steadily increase the proportion of the balance of financing guarantees for micro and small-sized enterprises and “agriculture, rural areas and farmers.” For those that have relatively considerable existing business and whose main business of supporting micro and small-sized enterprises and businesses related to “agriculture, rural areas and farmers” is obscure for the time being, all regions may focus on evaluating them in terms of the number of micro and small-sized enterprises and businesses related to “agriculture, rural areas and farmers” newly receiving financing guarantees for the year, the proportion of the amount of financing guarantees newly given to micro and small-sized enterprises and businesses related to “agriculture, rural areas and farmers” for the year, the proportion of the total amount of financing guarantees, each in the amount of 10 million yuan or less, newly given to micro and small-sized enterprises and businesses related to “agriculture, rural areas and farmers” for the year, and other indicators and urge them to steadily expand the scale and proportion of financing guarantees in support of micro and small-sized enterprises and businesses related to “agriculture, rural areas and farmers.”
......
 政府性融资担保机构应当坚守准公共定位,弥补市场不足,降低服务门槛,以贷款担保业务为主,聚焦支小支农主业,稳步提高小微企业和“三农”融资担保在保余额占比。对存量业务较大,支小支农主业暂不突出的,各地可重点考核其当年新增小微企业和“三农”融资担保户数、当年新增小微企业和“三农”融资担保金额占比、当年新增单户1000万元及以下的小微企业和“三农”融资担保金额占比等指标,督促其稳步扩大支小支农融资担保规模和占比。
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