汽车金融公司管理办法(英文版)
中国银行业监督管理委员会
China Banking Regulatory Commission No. 4 Order
Upon the approval of the State Council, the Administrative Rules Governing the Auto Financing Company is now promulgated by the China Banking Regulatory Commission.
Chairman Liu Mingkang
October 3, 2003
Administrative Rules Governing the Auto Financing Company
Chapter I General Provisions
Article 1 The Administrative Rules Governing the Auto Financing Company (hereinafter referred to as the Rules) is stipulated in accordance with relevant laws and regulations to serve the need of developing auto financing business and regulating the business activities of the non-bank financial institutions engaging in auto financing business.
Article 2 Auto financing companies referred to in the Rules are defined as non-bank financial legal entities charted by the China Banking Regulatory Commission in compliance with relevant laws, regulations and the Rules to provide loans for auto buyers and dealers in the mainland of China.
Article 3 Auto financing companies are supervised and regulated by the China Banking Regulatory Commission.
Chapter II Incorporation, Change and Termination
Article 4 The establishment of an auto financing company shall be subject to the approval of the China Banking Regulatory Commission.
Without the approval of the China Banking Regulatory Commission, no individual or entity shall be allowed to establish an auto financing company, or engage in auto financing business, or include in the name of a company such names as “auto financing” or “auto loan” that indicate the company’s engagement in auto financing business
Article 5 An investor of an auto financing company shall satisfy following requirements:
(a) It shall be a corporate legal entity incorporated in and outside China.
If the investor is a non-financial entity, its total assets of the previous year shall be no less than RMB4 billion yuan or an equivalent amount in convertible currencies; its annual business revenue of the previous year shall be no less than RMB2 billion yuan or an equivalent amount in convertible currencies.
If the investor is a non-bank financial institution, its registered capital shall be no less than RMB300 million yuan or an equivalent amount in convertible currencies;
(b) It shall have sound business performance and remain profitable for the last three consecutive years;
(c) It shall comply with the laws of the countries where it is incorporated and shall have a clean record;
(d) In case of the largest investor, it shall be an auto enterprise or a non-bank financial institution.
The auto enterprise refers to an enterprise that manufactures and sells the whole unit of an automobile.
The largest investor refers to the investor with the largest share of capital and its capital contribution accounting for no less than 30 percent of the total equity of the auto financing company;
(e) It shall not invest in more than one auto financing company; and
(f) It shall satisfy other prudential supervisory requirements set forth by the China Banking Regulatory Commission.
Article 6 An auto financing company shall satisfy the following conditions in order to be incorporated:
a) the minimum amount of registered capital required by the Rules;
b) Articles of Association that complies with relevant laws including the Company Law of the People’s Republic of China and the Rules;
c) senior management familiar with auto financing and other related business;
d) a sound organizational structure, management and risk control systems;
e) proper business premises, safety measures and other facilities for business operations; and
f) other conditions set out by the China Banking Regulatory Commission.
Article 7 The minimum registered capital of an auto financing company shall be no less than RMB500 million yuan or an equivalent amount in convertible currencies. Registered capital shall be paid-in capital.
The China Banking Regulatory Commission shall have the power to adjust the minimum registered capital of an auto financing company in line with the developments of auto financing business and the prudential requirements, but the adjusted floor shall not be lower than the amount provided in this Article.
Article 8 The establishment of an auto financing company shall cover two stages, i.e. the preparation stage and the business commencement stage. The Chinese text of all application documents for the preparation and the business commencement stages shall prevail.
Article 9 To apply for the preparation of a prospective auto financing company, the largest investor of the company shall act as the applicant and submit the following documents to the China Banking Regulatory Commission:
(a) an application letter, including the auto financing company’s name, location of incorporation, registered capital, business scope and investors’ names and amounts of investment, etc.;
(b) a feasibility study on establishing the auto financing company, including a market analysis, a business plan, the organizational structure, an assessment of the company’s risk control capability, the proforma balance sheet and profits in the following three years after the business commencement;
(c) an Articles of Association of the auto financing company (a draft note);
(d) basic information of each investor of the auto financing company, including name, legal representative, location of incorporation, a photocopy of the business license and a summary of business performance, etc.;
(e) the investor’s balance sheet, profit and loss statement and cash flow statement for the latest three years audited by qualified auditing firms;
(f) name and resume of the person in charge of the preparation; and
(g) other documents required by the China Banking Regulatory Commission.
If the applicant is a foreign non-bank financial institution, it shall submit the consent of its home country supervisory authority in writing. If the applicant is a non-financial entity, it shall submit the credit rating report of the previous year by a rating agency.
Article 10 The China Banking Regulatory Commission, upon receiving a complete set of application documents for the preparation of an auto financing company, shall provide its decision of approval or denial in writing within six months.
Article 11 The applicant shall, upon receiving the approval letter from the China Banking Regulatory Commission, complete the preparation within six months. If the applicant has justification for prolonging the preparation stage beyond the prescribed period, it shall submit a written application to the China Banking Regulatory Commission before the original deadline falls due, and may extend the preparation stage for up to three months subject to the approval.
If the applicant fails to apply for business commencement upon the completion of the preparation stage or the extended preparation stage, the original approval document for the preparation shall become void automatically.
During the preparation stage, the applicant shall not conduct any auto financing business.
Article 12 The applicant shall, before the deadline of the preparation stage or the extended preparation stage, apply for business commencement to the China Banking Regulatory Commission with the following attachments:
(a) a report on completion of the preparation and an application letter for business commencement;
(b) a certification of paid-in capital issued by a qualified Chinese certifying agency, and a registration certificate issued by the State Administration of Industry and Commerce;
(c) articles of Association of the auto financing company;
(d) names and detailed resumes of proposed senior managerial personnel;
(e) name and capital contribution of each shareholder;
(f) proposed business rules and procedures and internal controls;
(g) verification documents on business premises and other business-related facilities issued by relevant authorities; and
(h) other documents required by the China Banking Regulatory Commission.
Article 13 The China Banking Regulatory Commission, upon receiving a complete set of business commencement application documents, shall provide its decision of approval or denial of the application within three months. If the application is approved, the applicant shall receive a written approval letter attached with a license to conduct financial business with the prescribed business scope. If the application is denied, the applicant shall receive a written notice in which reasons for denial are provided.
The applicant shall, before commencing operations, register with the State Administration of Industry and Commerce with the presentation of the license to conduct financial business, and receive a corporate legal entity business License.
The China Banking Regulatory Commission shall revoke the license to conduct financial business and issue a public notice of the revocation if the auto financing company, after receiving the business license, fails without justification to open business within three months, or, without approval, stops operation for six consecutive months after business commencement.
Article 14 An auto financing company shall not set up any branch or subsidiary.
Article 15 The appointment of the senior managerial personnel of an auto financing company shall be either subject to the qualification review by the China Banking Regulatory Commission or filed with the China Banking Regulatory Commission for record.
The chairman of the board of directors, general manager and deputy general manager, executive directors, and chief financial officer of an auto financing company are subject to the qualification view by the China Banking Regulatory Commission. The qualifications of these senior managerial personnel and procedures relating to qualification review and filing for record shall be issued separately.
Article 16 An auto financing company, in case of any of the following changes, shall seek the approval of the China Banking Regulatory Commission:
(a) change of company name;
(b) change of registered capital;
(c) change of business premises;
(d) change of business scope;
(e) change of organizational structure;
(f) change of equity structure;
(g) revision of Articles of Association;
(h) change of senior managerial personnel;
(i) merger or split; and
(j) other changes that require the approval of the China Banking Regulatory Commission.
Article 17 The liquidation of an auto financing company whose operation is terminated because of dissolution, closure or bankruptcy, shall be carried out in compliance with relevant laws and regulations.
Chapter III Business Scope and Supervision
Article 18 An auto financing company may conduct all or part of the following lines of Renminbi business with the approval of the China Banking Regulatory Commission:
(a) taking deposits with maturity of no less than three months from its shareholders in the mainland of China;
(b) extending loans for auto purchase;
(c) extending loans to auto dealers for purpose of purchasing automobiles or facilities for operations (including the show-room construction, purchase of spare parts and equipment repairs);
(d) transferring and selling auto loan receivables;
(e) borrowing from financial institutions;
(f) providing guarantee for auto purchase financing;
(g) agency business relating to auto purchase financing; and
(h) other loan business approved by The China Banking Regulatory Commission.
Article 19 An auto financing company, in case of extending loans to a natural person for auto purchase, shall observe relevant rules governing the auto loans to individual buyers promulgated by the relative supervisory authority. In case of extending auto loans to a legal entity or other organizations, an auto financing company shall observe relevant rules set out by General Provisions of Loans and other regulations.
Article 20 An auto financing company, without the approval of relevant regulatory authorities, shall not issue bonds or borrow funds from overseas. When an auto financing company’s establishment and business operations involve currency exchange, outward repatriation of profits, provision of auto loans for non-residents, capital management or other business transactions relating to foreign exchange administration, the company shall be subject to relevant regulations to be jointly issued by relative regulatory authorities and the State Administration of Foreign Exchange.
Article 21 An auto financing company shall meet the requirement on the capital to risk assets ratio, and the capital adequacy ratio shall not be less than ten percent. The China Banking Regulatory Commission may increase the minimum requirement of capital adequacy ratio of an individual company in line with the company’s risk profile and risk management capability. Other requirements on risk control and management relating to various kinds of assets shall be issued separately by the China Banking Regulatory Commission.
Article 22 An auto financing company shall adopt relevant accounting rules for financial institutions.
Article 23 An auto financing company shall compile in required format and submit to the China Banking Regulatory Commission the balance sheet, the profit and loss Statement, the cash flow statement and other statements required by the China Banking Regulatory Commission, and submit the financial statements of the previous year within three months after the end of each accounting year.
An auto financing company shall not provide false financial statements, or statements in which important facts are concealed.
Article 24 An auto financing company shall establish and improve various business management systems and internal controls in line with Guidelines on Strengthening Internal Controls of Commercial Banks issued by the People’s Bank of China, and report the systems to the China Banking Regulatory Commission before their implementation.
Article 25 An auto financing company shall accept the on-site examination and the off-site surveillance by the China Banking Regulatory Commission.
Article 26 The China Banking Regulatory Commission may call the legal representatives or other senior managerial personnel of an auto financing company for inquiries into problems discovered during regular examinations, and demand the company to correct within a prescribed time frame.
Article 27 An auto financing company shall establish a system of external audit on a regular basis and submit to the China Banking Regulatory Commission annual auditor’s report signed by the company’s legal representative within six months after the end of each accounting year.
Article 28 An auto financing company, in case of encountering payment difficulties or other emergencies, shall take remedial actions, and promptly report to the China Banking Regulatory Commission.
Article 29 The China Banking Regulatory Commission shall demand remedial actions by an auto financing company in case of the following circumstances:
(a) The company suffers from a loss in the current year of above 50 percent of the registered capital or losses in the last three consecutive years of above 10 percent of the registered capital;
(b) The company is in payment difficulties; and
(c) The company faces other major operational risks that the China Banking Regulatory Commission deems necessary to issue an order for corrective actions.
Article 30 The China Banking Regulatory Commission, after issuing an order for corrective actions to an auto financing company, may take the following enforcement actions:
(a) demanding or prohibiting the change of the company’s senior managerial personnel;
(b) suspending part of the company’s business or prohibiting the company’s engagement in new business lines;
(c) demanding an increase of the company’s capital within a prescribed time frame;
(d) demanding the company to change its equity structure or implement other forms of restructuring;
(e) prohibiting the dividend distribution; and
(f) other enforcement actions that the China Banking Regulatory Commission deems necessary.
Article 31 An auto financing company, when receiving an order for remedial actions, shall not resume normal business operations until the following conditions are met and are approved by the China Banking Regulatory Commission:
(a) Solvency is restored;
(b) Losses are covered; and
(c) Major operational risks are addressed.
Article 32 The maximum time limit that an auto financing company is allowed for corrective actions shall not exceed one year. If the company fails to meet the objectives of remedial actions within the prescribed time limit, its operation shall be terminated in accordance with relevant laws and regulations.
Article 33 Auto financing companies may establish a trade association for self-regulation purposes. The activities of the trade association are subject to the guidance and oversight of the China Banking Regulatory Commission.
Chapter IV Legal Liabilities
Article 34 Any establishment of an auto financing company or any auto financing business without the approval of the China Banking Regulatory Commission shall be banned. If the case constitutes a crime, criminal liabilities shall be investigated. If the case dose not constitute a crime, the China Banking Regulatory Commission shall confiscate the illegal earnings and impose a fine between one to five times the illegal earnings. If no illegal earnings are involved, the China Banking Regulatory Commission shall issue an order for remedial actions and impose a fine of no less than RMB100,000 yuan and no more than RMB500,000 yuan.
Article 35 The China Banking Regulatory Commission shall demand correction and impose a fine of RMB1000 yuan if a company, without the approval of the China Banking Regulatory Commission, includes in its name such words as “auto finance”, “auto loan”, etc. that indicate the company’s engagement in auto financing business.
Article 36 In case of an auto financing company being found to engage in business activities beyond its prescribed business scope, the China Banking Regulatory Commission shall issue a warning against the company, confiscate the illegal earnings and impose a fine in a range of one to five times the illegal earnings. If no illegal earnings are involved, the China Banking Regulatory Commission imposes a fine of no less than RMB100,000 yuan and no more than RMB500,000 yuan. If the case constitutes a crime, the criminal liabilities shall be investigated.
Article 37 In case of an auto financing company being found in violation of relevant provisions of the Rules to provide false financial statements or statements in which important facts are concealed, the China Banking Regulatory Commission shall issue a warning against the company, and impose a fine of no less than RMB100,000 yuan and no more than RMB500,000 yuan. If the case constitutes a crime, the criminal liabilities shall be investigated.
Article 38 In case of an auto financing company being found in violation of relevant provisions of the Rules to reject or impede the examinations and oversight by the supervisor, the China Banking Regulatory Commission shall issue a warning against the company, and impose a fine of no less than RMB10,000 yuan and no more than RMB30,000 yuan.
Article 39 An auto financing company, in case of being found in violation of the Rules, shall be punished in accordance with the provisions of Article 34 to Article 38. If the violation is a serious one, the China Banking Regulatory Commission may ban the company’s senior managerial personnel from holding senior management position for one to ten years, or in some particular case, for life.
Article 40 An auto financing company, in case of being found in violation of other Chinese laws and regulations, shall be subject to enforcement actions by relevant regulatory authorities.
Chapter V Supplementary Provisions
Article 41 The Rules is applicable to all auto financing companies incorporated in the mainland of China funded by investors from Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan province.
Article 42 The Rules enters into effect on October 3, 2003, and the power of the interpretation rests with the China Banking Regulatory Commission.
黑龙江省全民所有制单位招工暂行办法
黑龙江省人民政府
黑龙江省全民所有制单位招工暂行办法
黑龙江省人民政府
根据中共中央、国务院《关于广开门路，搞活经济，解决城镇就业问题的若干决定》和国务院《关于严禁在招收、调配职工工作中搞不正之风的通知》精神，为了提高职工队伍的素质，促进青年好学上进，在招工中坚持德、智、体全面考核，择优录用的原则，特制定本办法。
一、全民所有制单位，按国家批准的计划增加工人和补充自然减员时，由所在市、县劳动部门统一安排，实行公开招工、自愿报名，德、智、体全面考核，择优录用。任何部门和单位不得擅自从社会上招工。
二、招工对象，必须是具有城镇常住户口的非农业的待业人员。
城镇职业中学学制两年以上，所学专业与招工工种对口的毕业生，经过考核，在同等条件下可优先录用。
不准招收在校学生。
严格控制从农村招工。某些行业和工种必须从农村招工时，须报经省人民政府批准。
招工单位的职工子女，要同其他城镇待业青年一样，自愿报名，经过考核，择优录用，不准“内招”。
矿山井下、野外勘探、森林采伐等行业，在招工中需要招收职工在城镇的子女时，必须根据生产需要，进行全面考核，不符合条件的不得招收。
按照国家和省的现行规定，职工退休、退职后，照顾招收的子女必须符合招工条件，要经过德、智、体全面考核和必要考试，不符合条件的要经过必要的培训，考试合格后方可录用。
三、招收工人的条件应是政治思想好，身体健康，具有初中以上文化程度；年龄在十六至二十五周岁之间的未婚青年。特殊技艺人员，其年龄、文化、婚否等条件，由市、县劳动部门根据生产、工作的实际需要确定；可以在指定范围内的城镇待业人员或在职职工中招收。
招工时，要根据生产、工作的需要，合理确定男女比例，凡适合女工做的工作，应尽可能招收女青年。
在招工中，不准附带投资条件。
四、招工考核内容和标准，可根据工种、专业的不同要求和劳动力资源情况，由各企事业单位或其主管部门确定，经当地劳动部门同意后实施，对不同的工种或工作，考核内容和要求应各有侧重。
五、招工考核工作，在市、县人民政府领导下，由劳动部门统筹安排，各单位在招工前，应拟订招工简章，明确招收的工种或专业，招收名额，招工的地区范围，招工对象及年龄、文化、婚否、身体等条件，以及报考时间及地点，工资福利待遇等，招工简章要经市、县劳动部门审查同
意后，予以公布。
六、考工者，自愿报名，经当地劳动服务公司推荐，由所在市、县劳动部门统一办理招工手续。被录用者，其招工手续连同其德、智、体考核材料一并装入本人档案，作为招工录用的依据。
七、新录用的固定工人（含学徒工），一律实行六个月的试用期。合同制工人被录用后，试用期一般为三个月。合同期限，一般一至三年。合同期满后，可根据生产需要，双方同意，续订合同。在试用期内，本人不愿意继续工作的，允许离去；招工单位发现不符合招工条件的，可以辞
退。离厂或辞退者的一切材料，由招工单位负责转给推荐的劳动服务公司。
八、跨市、县招工时，要报省劳动局批准；跨市、县招用退休、退职职工子女，在征得被招人员所在地劳动部门同意后，由招工单位所在地劳动部门审批，并办理录用手续。
九、报考人员需向市、县劳动部门缴纳伍角钱手续费，不足时，由招工单位负担。
十、各级劳动部门和各招工单位要认真贯彻国务院《关于严禁在招收、调配职工工作中搞不正之风的通知》精神，廉洁奉公，秉公办事，严格执行国家劳动政策、法令和规定。对利用职权，弄虚作假，徇私舞弊，安插私人等违法乱纪者，视情节轻重，给予必要的纪律处分。对非法招进
的人员，必须辞退。各招工单位职工代表大会的执行机构有权加以监督。
十一、本办法从颁发之日起施行。过去省内有关招工规定，与本办法有抵触的，均按本办法执行。本办法与国家规定有抵触的，按国家规定执行。
1983年1月15日
