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

for archival purposes.

　　Article 21 The senior administrative personnel of auto financing companies to whom the examination and approval system applies shall meet the following conditions：

　　（1） A person to be the chairman of board of directors， executive director or general manager must be a graduate of college or above， and have experience in financial field of at least five years or in the management of auto production or sales of at least ten years. In case he is not a graduate of college or above， he shall have experience in financial field of at least eight years or in the management of auto production or sales of at least 15 years；

　　（2） A person to be the vice chairman of board of directors or deputy general manager must be a graduate of college or above， and have experience in financial field of at least three years or in the management of auto production or sales of at least six years. In case he is not a graduate of college or above， he shall have experience in financial field of at least six years or in the management of auto production or sales of at least 11 years；

　　（3） A person to be the chief financial officer must be a graduate of college or above， and have experience of financial， accounting or auditing work of at least six years. In case he is not a graduate of college or above， he shall have experience of financial， accounting or auditing work of at least 14 years； and

　　（4） A person to be a director must be a graduate of junior college or above， and have experience in enterprise operation and management of at least six years. In case he is not a graduate of junior college or above， he shall have experience in enterprise operation and management of at least ten years.

　　Article 22 With the appointment of senior administrative personnel to whom the examination and approval system is applied， the auto financing company shall submit the following application documents （in triplicate） to the local agency of CBRC：

　　（1） The qualifications form for examination and approval；

　　（2） The application for verifying the qualifications of the person t

o be appointed；

　　（3） The comprehensive appraisal on the conduct， professional ability， administrative ability and achievements of the person to be appointed by the board of directors and board of supervisors of the company to make the appointment and by the present employer of the person to be appointed；

　　（4） A copy of the ID card of the person to be appointed；

　　（5） The copies of the academic credentials and the certificate of professional skill， as recognized by the state， of the person to be appointed； and

　　（6） Other materials as may be required by CBRC or its agency.

　　Article 23 In the event of submission of information about senior administrative personnel of an auto financing company for CBRC's and its agency's examination and approval， CBRC and its agency shall， within 90 days from the receipt of all the required application documents， give a reply on whether or not to approve. In the event of disapproval， a written notice shall be given to the applicant explaining the reasons for this disapproval.

　　Article 24 CBRC and its agency may hold examinations or tests for or talks with a person who is to be appointed to a senior administrative post and whose qualifications and appointment are subject to the examination and approval of CBRC and its agency.

　　Article 25 With regard to the appointment of senior administrative personnel to whom the system of submission for archival purposes is applied， the auto financing company shall submit the following materials （in triplicate） to the local agency of CBRC：

　　（1） The qualifications form for archival purposes；

　　（2） The copy of the ID card of the person to be appointed；

　　（3） The copies of the academic credentials and the certificate of professional skill， as recognized by the state， of the person to be appointed； and

　　（4） Other materials as may be required by CBRC or its agency.

　　Article 26 In the event of submission of information about senior administrative personnel of an auto financing company for archival purposes， in case the local agency of CBRC does not make any objection in written form within 30 days after the receipt of all the required information， it shall be regarded as recognized.

　　Article 27 Without the approval of CBRC and its agency， the senior administrative personnel of an auto financing company， such as the chairman of board of directors， vice chairman of board of directors， executive director， general manager， deputy general manager， chief financial officer or manager of the department of internal audit or inspection， may not concurrently hold any post in any Party or government organization or any post of senior management in any other company.

　　Article 28 The chairman of board of directors of an auto financing company may not concurrently hold the post of general manager. The director of an auto financing company may not concurrently hold any post of senior management in any other company that is in a competitive relation with the auto financing company.

　　Article 29 Where the chairman of board of directors or the general manager of an auto financing company fails to perform his duties for one month or more in succession for any reason， other senior administrative personnel shall be appointed as the acting chairman of board of directors or general manager， provided that such appointment shall be subject to the submission to the local agency of CBRC for archival purposes in advance. Where the chairman of board of directors or the general manager fails to perform his duties for three months or more in succession， he shall be replaced.

　　Article 30 When senior administrative personnel of an auto financing company is to leave his post， the company shall engage an external auditor as approved by CBRC and its agency to make an audit on post-leaving.

　　Article 31 An audit report on post-leaving shall at least cover the f

ollowing：

　　（1） The situation of the business under the person's charge；

　　（2） Whether the business under the person's charge was conducted in accordance with laws and regulations；

　　（3） The situation of the internal control and risk management with regard to the business under the person's charge；

　　（4） The great economic or criminal cases occurred in the person's scope of official duty and the person's responsibility for such cases； and

　　（5） The conclusion of the audit.

　　Article 32 CBRC and its agencies shall establish and keep the archives of senior administrative personnel of auto financing companies. Such archives shall at least cover the followings：

　　（1） The application documents for appointments；

　　（2） The documents and materials examined and verified by CBRC and its agencies；

　　（3） The documents of CBRC and its agencies on approving the appointments；

　　（4） The decisions made by CBRC and its agencies on sanctions on the senior administrative personnel or the documents of CBRC and its agencies on disqualifying the senior administrative personnel；

　　（5） The decisions made by the auto financing companies on sanctions on the senior administrative personnel；

　　（6） The audit reports on post-leaving； and

　　（7） Other important materials.

　　Article 33 Where any of senior administrative personnel bears personal responsibility or bear the direct leader's responsibility for any of the following circumstances， CBRC and its agency shall， according to the circumstances and the consequences， disqualify the person， for a fixed period or for his whole life， from being such senior administrative personnel：

　　（1） The person is subject to any criminal responsibility；

　　（2） The person refuses， interferes with， obstructs or seriously affects the legal supervision and administration by CBRC or its agency on the auto financing company；

　　（3） The poor internal control system or ineffective management has caused heavy losses of assets or resulted in any great financial crime；

　　（4） The company has conducted extremely improper operations. It has been in poor management and administration for a long period of time and suffered heavy losses or it has been taken over， dissolved， enforced to merge or declared bankrupt；

　　（5） In the event of any great financial crime， the company fails to report the case without delay， fails to take proper measures， or fails to cooperate with the competent authorities in the latter's investigation or handling of the case， or interferes with or obstructs the investigation and handling of the case；

　　（6） The senior administrative personnel is found， after the appointment， to have committed any illegal or improper act or have other circumstances that preclude his being a senior administrative personnel； and

　　（7） Other circumstances as specified by CBRC or its agency.

　　Article 34 CBRC and its agencies may circulate a notice on the disqualification of senior administrative personnel of an auto financing company.

　　Chapter IV Risk Control， Supervision and Management

　　Article 35 Any auto financing company shall set up a sound risk management system aiming at risk control， which includes the following：

　　（1） Setting up an organizational structure for good management of the company， with the duties and responsibilities reasonably and clearly divided and the accounting relations clearly specified， and setting up the scientific and highly efficient decision-making and encouraging and restricting mechanisms； and

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