Joke Collection Website - Bulletin headlines - The key contents of micro loan risk data investigation mainly include
The key contents of micro loan risk data investigation mainly include
On July 12, the Jiangsu Provincial Financial Bureau issued the "Notice on Further Strengthening the Supervision of Small Loan Companies." The notice stated that in order to further standardize the business activities of small loan companies (hereinafter referred to as "small loan companies"), prevent industry risks, and implement local supervision responsibilities, in accordance with the province's battle to prevent and resolve financial risks and the special fight against crime and evil in the financial field, the notice stated that Based on the problems discovered in the previous authenticity spot checks and daily supervision of small loan companies in the province, the notice on further strengthening the supervision of small loan companies in the province is as follows: 1. Strengthen risk investigation and disposal. All localities must further strengthen the supervision of the business behavior of small loan companies. Routine supervision, combined with the Jiangsu Provincial Local Financial Supervision and Administration Bureau’s document clearance work arrangements, will carry out in-depth special risk investigation and rectification of illegal and illegal operations, and build a long-term working mechanism that combines daily regulatory inspections with special risk inspections. Implement classified disposals for small loan companies that have violated laws and regulations, and supervise small loan companies that have terminated their business qualifications to complete market exit in a timely and standardized manner. (1) Key inspection and investigation contents: 1. Approval management. Investigate whether any small loan company within the jurisdiction has conducted business or established branches without approval (recording), or changed the equity structure, registered capital, business location, company name, etc. without approval (recording); small business qualifications have been terminated Whether the loan company has completed market exit according to required regulations. 2. Shareholder qualifications. Check whether the shareholders of small loan companies have good social reputation, integrity records, tax records and financial status; whether they comply with laws, regulations and regulatory requirements; check whether shareholders invest in shares with entrusted funds, debt funds and other non-own legal funds; whether they are entrusted Others or accepting entrustment from others to hold equity; penetrating examination of whether shareholders and their related parties conduct financial business without permission. 3. External financing. Investigate whether small loan companies are suspected of illegal fund-raising, direct or disguised absorption of public deposits; whether shareholders' borrowing funds are shareholders' own legal funds; whether they have raised funds through credit asset transfer, asset securitization, etc. without approval (filing). 4. Real interest rate. Check whether the actual annualized loan interest rate of the small loan company (actual interest rate = all loan-related interest fees charged by the small loan company to the borrower/the loan principal issued) exceeds relevant regulations; whether there is any pre-deduction from the loan principal interest charges, deposits, or setting high overdue interest, penalty interest, etc. Whether key information such as the actual interest rate, loan amount, loan term, repayment method, overdue treatment, etc. are fully and fully disclosed to the borrower in advance and the relevant risks are prompted. 5. Loan management. Investigate whether the small loan company has established a relatively complete risk control system; whether it has fully assessed the borrower's credit status, solvency, loan purpose, etc.; whether it has induced the borrower to over-borrow beyond its own solvency; whether it has exceeded the approved business scope or business area Carry out business; whether there are related-party loans, split loans, fake loans, cash receipts and payments, off-book interest charges, off-book operations, (disguised) evasion of capital, etc.; whether to issue loans to individuals or units suspected of illegal lending; Whether it involves "cash loan", "down payment loan", "routine loan" and other illegal and illegal business activities. 6. Collection of non-performing assets. Investigate whether the disposal of non-performing assets of small loan companies complies with the relevant requirements of the "Notice on Regulating the Collection of Non-performing Assets in the Financial Industry" (Su Finance Banfa [2019] No. 4); whether it is used by itself or a third party to use violence, intimidation, insult, harassment and other illegal methods to collect loans. 7. Business cooperation. Investigate the third-party cooperation of small loan companies, whether they cooperate with institutions without lending business qualifications to provide funds; whether they provide funds for institutions without lending business qualifications to issue loans; whether the core business (signing contracts, granting loans, Loan recovery, loan collection, etc.) outsourcing; whether to accept credit enhancement or disguised credit enhancement services from third-party institutions without financing guarantee qualifications; whether third-party institutions charge interest fees from borrowers. 8. Involved in cases and lawsuits. Investigate the involvement of small loan companies and their shareholders in the case, and whether they are being investigated or put on file for review due to "cracking down crime," "mutual finance rectification," illegal fund-raising, etc. Investigate the legal proceedings of small loan companies, focusing on cases where small loan companies are defendants and whether they involve judicial litigation outside the province; understand how small loan companies resolve business disputes and dispose of non-performing assets through judicial channels.
(2) Classified disposal measures shall be implemented in all localities in accordance with the "Notice of the Provincial Finance Office on Issuing the "Detailed Rules for the Supervision and Punishment of Rural Small Loan Companies in Jiangsu Province (Interim)"" (Su Finance Banfa [2012] No. 58), "On the Establishment of Jiangsu Province Documents such as "Notice on the Market Exit Mechanism for Small Loan Companies" (Su Finance Banfa [2014] No. 36) require that small loan companies that operate in violation of regulations and laws should be dealt with in a classified manner. The specific classification and disposal measures are: (1) Rectification category. There are illegal operating behaviors, but the conditions for market exit are not met; the operating conditions continue to deteriorate, and the basic conditions for operation are no longer met, but shareholders are willing to increase capital and improve operating conditions. The local financial regulatory bureau of the district or city ordered it to make rectifications within a time limit. Those that pass the acceptance inspection after rectification will retain their business qualifications and be allowed to continue operating after implementing local supervision responsibilities; those that fail the acceptance inspection after rectification will be included in the exit category. (2) Exit class. The operating situation has seriously deteriorated and shareholders are unwilling or unable to improve it; the operation has violated laws and regulations to the point of market withdrawal; the rectification and acceptance inspection has failed. Report to the provincial and local financial regulatory bureaus for termination of business qualifications, and promptly transfer suspected crimes to judicial authorities for disposal. All localities must supervise small loan companies that have terminated their business qualifications to complete their market exit in a timely manner. Those who continue to operate relevant businesses in the name of the original small loan company after their business qualifications have been terminated shall be investigated and punished in accordance with the law and severely cracked down on in conjunction with relevant departments to effectively maintain the order of the local financial market. 2. Guide legal and compliant operations (1) Adhere to development positioning. Small loan companies must focus on the positioning of serving "agriculture, rural areas and farmers", small and medium-sized enterprises and scientific and technological innovation and development, adhere to the "small, decentralized" operating principles and "flexible and convenient" business characteristics, and strictly abide by the "three major disciplines" and "eight items". "Pay attention to" regulatory requirements, further optimize and refine the main business, and better provide specialized and differentiated financial services for "agriculture, rural areas and farmers", small and medium-sized enterprises and technological innovation and development. (2) Reasonably determine the interest rate level. On the premise of complying with relevant national laws and regulations, small loan companies can independently negotiate with borrowers to reasonably determine interest rate levels, encourage small loan companies to implement differentiated interest rates based on differences in target customers, and give priority to low-interest loans to high-quality customers. (3) Standardize the establishment of branches. In principle, rural small loan companies can only conduct business within the district or city where they are registered. Qualified small loan companies (with regulatory ratings of AA and above, registered capital meeting the comprehensive requirements of the original place of registration and the place where branches are established, and the place where branches are established should meet the conditions for establishing new small loan companies), can be divided into districts and cities through the original place of registration. Cross-regional branches may be established after filing with the local financial regulatory bureau and approval by the local financial regulatory bureau of the district or city where the proposed branch is located; the branch shall be supervised by the local regulatory authority, and the regulatory authority at the original place of registration shall assist in supervision. (4) Standardize business behavior. Small loan companies must carry out business in strict accordance with various regulatory requirements, fill in operating data information comprehensively and truthfully, and promptly report various risk situations and situations that may have a significant impact on the company's operations to the regulatory authorities; they must not violate the "Provincial Finance Office's Notice on Issuance of "Notice of the "Opinions on Supporting the Excellent and Limiting the Poor (Interim) for Rural Small Loan Companies in Jiangsu Province" (Su Finance Banfa [2013] No. 103) provides relevant provisions for financing and conducting business; the approved business scope and business area shall not be exceeded. Carry out business within the scope; classify customers strictly in accordance with relevant standards, and shall not use false customer classification methods to increase the proportion of relevant business; carry out various innovative businesses in a standardized manner, and shall not induce customers with false or exaggerated propaganda; shall not accept entrustment from individuals or units without qualifications for lending business Loans (entrusted loans from shareholders’ own legal funds, government funds such as industrial development/guidance funds entrusted by government departments in the form of entrusted loans, fund collection and transfer among independent legal persons within the group carried out by enterprise groups in the form of entrusted loans) (Except business); shall not jointly fund and issue loans with institutions without qualifications for lending business; shall not provide funds for institutions without qualifications for lending business to issue loans; must fully understand the solvency of loan customers and effectively prevent borrowers from over-borrowing; strictly prohibited It is strictly prohibited to collect interest fees, deposits, etc. from loan customers off-book; it is strictly prohibited to engage in illegal and illegal business activities such as "usury", "cash loan", "down payment loan" and "routine loan"; the collection of non-performing assets must be in compliance with the law, and it is strictly prohibited to do it on your own or by entrusting a third party to do so. Violence, intimidation, insult, harassment and other illegal methods to collect loans. 3. Implementation of territorial supervision responsibilities (1) Clarify supervision responsibilities.
The local financial regulatory bureaus (financial offices) of each district, city, county (city, district) are specifically responsible for the supervision of small loan companies within their jurisdiction, reviewing the qualifications of shareholders and senior executives, and reviewing and reporting to higher-level regulatory authorities for approval (recording) Application matters, review (filing) of incoming funds other than bank loans, review and approve changes involving company name, registered capital, equity structure, business premises, articles of association, senior management personnel, etc., establish and implement a reporting system, organize on-site inspections, Off-site inspections and other work. All localities should make authenticity and compliance inspections the focus of regulatory work; focus on preventing industry spillover risks and strengthen daily supervision of small loan companies with external liabilities. The division of regulatory responsibilities of the local financial regulatory bureaus (financial offices) of counties (cities, districts) shall be determined by the local financial regulatory bureaus of each district or city based on the actual local conditions. (2) Determine supervisory personnel. All localities must follow the requirements of the "Notice of the Provincial Finance Office on Issuing the "Working Rules for Supervisors of Small Loan Companies in Jiangsu Province (Trial)" (Su Finance Banfa [2013] No. 74) and make reasonable allocations based on the development situation of small loan companies within their jurisdiction. Supervisory force, clarify the person in charge of the supervision of the unit's small loan company and specific supervisory personnel. Each small loan company must identify a main supervisor and an auxiliary supervisor, supervisory personnel (including the person in charge of supervision, specific supervisory personnel, The main supervisor, auxiliary supervisor, etc.) should sign a supervisory responsibility letter. Supervisors of small loan companies must be diligent and conscientious, effectively perform supervisory responsibilities in accordance with supervisor work rules, regularly conduct off-site inspections through the business supervision system, monitor and analyze the operating conditions of small loan companies within their jurisdiction, and conduct targeted on-site inspections. If supervisory personnel fail to supervise and inspect the small loan companies they supervise, fail to stop violations, fail to report major risks or hidden dangers, or cause major risks to the small loan companies they supervise due to dereliction of duty or dereliction of duty or cause adverse social impact, Investigate relevant responsibilities in accordance with disciplines and laws. (3) Deal with risks in a timely manner. All localities must increase the frequency of daily supervision and on-site inspections to prevent and resolve hidden risks. All types of violations and hidden risks discovered during daily supervision and special risk inspections must be promptly dealt with and resolved, and the relevant situations must be reported to higher-level regulatory authorities. . All localities should strengthen communication and docking with courts, procuratorates, public security and other units to understand the cases and lawsuits involving small loan companies and their shareholders, conduct comprehensive research and analysis on whether small loan companies operate legally and in compliance with regulations; increase contact with local market supervision, taxation and other departments Cooperate to comprehensively understand the operating status of small loan companies within the jurisdiction, and jointly deal with illegal institutions. (4) Improve the level of supervision. All localities should actively carry out professional training for regulatory personnel and continuously improve the professional capabilities of regulatory personnel. Give full play to the role of third-party professional institutions such as accounting firms, credit rating companies, and credit reporting companies through business cooperation, purchase of services, etc., and continuously improve the level of industry supervision; give full play to the functions of industry associations, strengthen the construction of industry self-discipline mechanisms, and actively assist supervision work . Continuously improve supervision technology, actively use the monitoring and early warning and statistical analysis functions of the business supervision system to assist supervision, and improve the efficiency of industry supervision.
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