汽车金融公司管理办法实施细则 Detailed Rules for the Implementation of the Measures for the Administration of Auto

颁布日期：20031112 　实施日期：20031112 　颁布单位：中国银行业监督管理委员会

　　China Banking Regulatory Commission

　　November 12th， 2003

　　Chapter I General Provisions

　　Article 1 The present Rules are formulated in accordance with the Measures for the Administration of Auto Financing Companies （hereinafter referred to as “Measures”） and other relevant administrative regulations.

　　Article 2 The China Banking Regulatory Commission （hereinafter referred to as “CBRC”） and its agencies shall make supervision over and administration of the auto financing companies according to the Measures and the present Rules.

　　Chapter II Establishment

　　Article 3 The application for establishing an auto financing company shall include the application for preparing the establishment and the application for starting the operation.

　　The banking regulatory bureau （CBRC's dispatched agency at the provincial level） at the place where an auto financing company is to be established shall be the examining and verifying authority for the application for establishing such auto financing company. CBRC shall be the examining and approving authority for applications for the establishments of all auto financing companies.

　　Article 4 The banking regulatory bureau shall implement a system of signing the receipt of the application documents for preparing the establishment and for starting the operation of an auto financing company.

　　Article 5 The applicant meeting the requirements of Article 5 of the Measures shall submit to the banking regulatory bureau an application form for preparing the establishment of an auto financing company and the materials required in Article 9 of the Measures.

　　Article 6 The banking regulatory bureau shall make examination on whether all the required documents have been submitted within five working days after signing the receipt of the application documents for preparing the establishment of an auto financing company. In case the application documents submitted are not complete or not in the specified forms， the banking regulatory bureau shall inform the applicant all by one written notice， and require the applicant to further submit the materials that need to be added. Where the application documents are complete and all in specified forms， the banking regulatory bureau shall accept and handle the application and give the applicant a written notice concerning that.

　　In case the banking regulatory bureau proclaims no objections within five working days， the application shall be regarded as accepted automatically.

　　Article 7 The banking regulatory bureau shall examine and verify the application documents for preparing the establishment of an auto financing company， give its opinion on whether or not to approve the application and submit such opinions to CBRC.

　　CBRC shall complete the examination and verification within 20 days after accepting the application documents.

　　CBRC shall be responsible for the examination and approval of the application for preparing the establishment， and shall make a decision in writing on whether or not to approve the application within six months after the banking regulatory bureau's acceptance of the application for preparing the establishment.

　　Article 8 In the event of disapproval， CBRC shall give the applicant a written notice stating the ground for such disapproval. The applicant may not make further application for the same purpose within six months from the date on which such disapproval is given.

　　Article 9 Any applicant having obtained the permit for preparing the establishment wishes to extend the period of preparations shall submit to the banking regulatory bureau an application form for extension and a report on application for extension， explaining the reasons for the extension. After examined and verified by the banking regulatory bureau， the appli

cation for extension shall be submitted to CBRC for verification and approval.

　　Such extension shall be limited to one time for each case and the period of extension shall not exceed three months.

　　Article 10 The applicant shall， after the preparations for establishment have been completed， submit to the banking regulatory bureau an application form for starting the operation and the materials required in Article 12 of the Measures.

　　Article 11 The banking regulatory bureau shall be responsible for the acceptance， and examination and verification of the application documents for starting the operation. The procedures for such acceptance， examination and verification shall be the same as those specified in Articles 6 and 7 of these detailed Rules.

　　CBRC shall make a decision in written form on whether or not to approve the application within three months after the banking regulatory bureau's acceptance of the application for starting the operation.

　　Article 12 CBRC shall be responsible for the verification and approval of the applications for starting the operation and the business scopes of auto financing companies. In the event of a solely foreign-owned auto financing company or a Chinese-foreign joint auto financing company， the Financial License shall be issued by CBRC. In the event of a Chinese-investment auto financing company， the Financial License shall be issued by the banking regulatory bureau.

　　The Financial Licenses of auto financing companies shall be governed by the Measures for the Control of Financial Licenses and other relevant provisions.

　　Article 13 CBRC is authorized by the Ministry of Commerce of the People's Republic of China to issue the Approval Certificate of the People's Republic of China for an Enterprise with Foreign Investment to the solely foreign-owned and Chinese-foreign joint auto financing companies who have been approved to start operation. After receiving the approval document for starting the operation， the solely foreign-owned or Chinese-foreign joint auto financing company shall go through the relevant formalities with CBRC and make enterprise registration by the approval document issued by CBRC， the Financial License and the aforesaid approval certificate. CBRC shall， on the same day as issuing the approval certificate， submit to the Ministry of Commerce the approval certificate stub.

　　Article 14 The articles of association of an auto financing company shall at least cover the company's name， place of business， type of ownership， registered capital， scope of business， form of association， operation and management， and termination and liquidation.

　　Article 15 With regard to each auto financing company， there must be at least 60% persons of its personnel who have the experience in financial field or are graduates of college or secondary specialized school majoring in finance. The application documents for starting the operation of an auto financing company shall cover the information on the percentage of persons who have the experience in financial field or are graduates of college or secondary specialized school majoring in finance.

　　Article 16 All the application documents either for preparing the establishment or for starting the operation shall be submitted in triplicate and in Chinese.

　　Chapter III Qualifications for the Senior Administrative Personnel

　　Article 17 The term “senior administrative personnel of an auto financing company” means the legal representative of the company and the persons who have decision-making power with regard to the operation and management of the company or who play a major role in risk control of the company， that is， the directors， supervisors， general manager， deputy general manager， chief financial officer， manager of the department of internal audit or inspection， and the administrative persons who are in other titles but have the same functions

and duties as mentioned above.

　　Article 18 The senior administrative personnel of an auto financing company must meet the following basic requirements：

　　（1） Being well acquainted with and complying with the relevant economic and financial laws and regulations of the state； and

　　（2） Having the professional knowledge， work experience and organizational and administrative abilities necessary for his post.

　　Article 19 Anyone who is under any of the following circumstances may not be the senior administrative personnel of any auto financing company：

　　（1） Having a record of crime or having been severely punished for his illegal act；

　　（2） Having caused grievous losses to the financial institution or other enterprise or company where he worked due to his serous mistakes in his work in the past five years；

　　（3） Bearing the major responsibility or the direct leader's responsibility for any major improper act， revocation of the financial license or business license or bankruptcy of the financial institution or other enterprise or company where he worked， and such event occurred in the past five years； or

　　（4） Other circumstances prescribed in laws and regulations under which one person may not be the senior administrative personnel of a financial institution.

　　Article 20 The qualifications and appointments of the chairmen of board of directors， vice chairmen of board of directors， executive directors， directors， general managers， deputy general managers and chief financial officers of auto financing companies shall be subject to the examination and approval of CBRC and its agency. And the qualifications and appointments of other senior administrative personnel of auto financing companies shall be subject to submission to CBRC and its agency

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