The cloud does no. [2011]106

                            General Office of Yunnan people's Government on the issuance of

                            Inform the management measures of Yunnan province of small loan companies

 The state, city, county (city, district) people's government, provincial committee, office, office, office, financial institutions:
"Management measures" small loan company in Yunnan province has been the provincial people's government agreed, are hereby printed and distributed to you, please actual, conscientiously implement.

                                            The general office of the people's Government of Yunnan Province

                                           Two, one one June 21st

                    Measures for the administration of small loan company in Yunnan Province

First chapterThe total Then

 Article 1 In order to regulate the management, small loan companies to strengthen supervision, ensure the sustained, healthy development of small loan companies, according to the "PRC Company Law" (hereinafter referred to as the company law) and the "guiding opinions on a pilot micro credit company" (the [2008]23) regulations and other relevant laws and regulations and policies, combined with the practical in our province, the enactment of this approach.
Article second Established in accordance with the law of administrative regions in our province the petty loan company carry out small loans business, the application of this approach.
Article third The petty loan company shall conduct business in the scope of the provisions of relevant laws and regulations and policy, autonomous, self financing, self - restraint, own risk, the legitimate business activities are protected by law, no unit or individual interference.
Article fourth Finance Office of Yunnan Provincial People's Government (hereinafter referred to as the provincial financial do) is the Department of the provincial administration of small loan companies, is responsible for the province's small loan company's management, organization, supervision and coordination. Perform the following duties:
    (a) the system to develop the petty loan company management and business activities;
    (two) the approval of micro credit company establishment, alteration and termination of the review, the petty loan company directors, supervisors and senior management personnel qualification;
    (three) guiding the operation and management of small loan companies, to supervise and inspect the business activities and risk status;
    (four) the guidance and supervision of the state (city), county (city, district) administrative department in charge of small loan companies do supervision and management within the administrative region of small loan companies and risk control;
    (five) in collaboration with the Ministry of finance, public security, industry and commerce, the people's Bank of China Banking Regulatory Commission, and other departments, carry out small loans company risk prevention and other related work;
    (six) other relevant administrative duties.
Article fifth The state (city), county (city, district) administrative department in charge of small loan companies, to perform the petty loan company declared material examination, reexamination, the daily supervision, risk control and disposal responsibilities, investigate and punish illegal acts of small loan companies.

The second chapterCompany establishment, alteration and termination

Article Sixth The name of the petty loan company's "XXX county (city, district) XXX microfinance Limited (liability) Company (Limited by Share Ltd)" or "XXX XXX (city) county (city, district) XXX microfinance Limited (liability) Company (Limited by Share Ltd)".
Article seventh  The establishment of small loan companies, shall meet the following conditions:
(a) the registered capital in accordance with the provisions. Limited (liability) the registered capital of the company shall not be less than 10000000 yuan, set up a working at the national, provincial key poverty alleviation counties Co. (responsibility) of not less than 5000000 yuan of registered capital of the company; Limited by Share Ltd's registered capital shall not be less than 20000000 yuan, not less than 10000000 yuan to set up the work at the national, provincial poverty alleviation and development focus of the county co registration capital. The registered capital is paid in capital, the investor or sponsor 1 deposited in the cooperative banks, operating period may not withdraw;
(two) the sponsors or the investors shall comply with the provisions of the conditions;
(three) the number of shareholders meets legal requirement;
(four) have the qualifications of directors, supervisors and senior management personnel;
(five) have the corresponding professional knowledge and experience of staff;
(six) and a perfect management system and the company's articles of association and inner organization;
(seven) a qualified business places, safety measures and other facilities;
(eight) other statutory conditions.
Article eighth The establishment of the small loan company is divided into 2 stages: preparation stage and the business commencement stage.
Article ninth The petty loan company, the applicant shall submit the following materials:
(a) an application letter. Including the institution to be established name, organization form, scope of business, registered capital and residence, the financial development and the feasibility study report, to set up a small loan company policy and future development planning;
(two) the basic situation of the shareholders. Introduction and investment proportion of promoters and other investors; to set up a small loan company shareholders, legal representative, registered address, investment, the proportion of shares, corporate shareholders when the business license copy of the annual inspection qualified; natural person shareholder's name, resume, a copy of identity card, amount of investment, the proportion of shares personal credit, certificate, issued by public security organs without intentional criminal record etc.;
(three) the investor (not including the natural person) the financial and accounting reports nearly 3 annual audit;
(four) the investor commitments. The investor shall undertake to comply with the relevant provisions of national and provincial small loan companies, abide by the articles of association, participation in management and to bear the risks, not to engage in illegal financial activities, to ensure the authenticity and legality of their funds, not to borrow funds and entrusted investment funds;
(five) sponsor agreement. The agreement between the shareholders about funded the establishment of small loan companies;
(six) the draft articles of association. The draft articles of association shall include the legal business operation of the company and the relevant contents of risk prevention;
(seven) the preparatory plan. Including the petty loan company of functional departments, corporate governance structure, management system, the main location scheme and the candidate directors, supervisors, senior management personnel qualification application form and resume qualification;
(eight) the relevant shareholders Association of legal opinions issued by a law firm;
(nine) required by other laws and regulations of the material.
Article tenth An application by the petty loan company's (city, district) administrative departments of acceptance and preliminary examination, state (city) administrative departments review, provincial financial office for examination and decision, examination time limit were 20 working days.
  Provincial Financial do after receiving the application materials, the organization of expert review committee for review of the petty loan company an application, and to review the decision.
Article eleventh The petty loan company construction period of 3 months from the date of approval for. Failed to build the sponsors shall, 1 months before the expiration of the preparation period to submit an application for the extension, the county (city, district) administrative departments of acceptance and preliminary examination, state (city) administrative departments review, provincial financial office for examination and decision. The longer the longest period not exceeding 2 months.
    Construction period to set the conditions, shall submit an application for start of business in the prior to expiry of the time limit. If it fails to submit the approval documents, failure.
Article twelfth The petty loan company to build one of the following circumstances found period, cancel its qualification for preparatory establishment:                                                      
(a) provides false information;
(two) the shareholders are intentional crime;
(three) the replacement of promoters;
(four) the replacement of the number of shareholders or relating to change the equity ratio of over 1/3;
(five) decrease the registered capital credit;
(six) more than the extension did not submit an application for start of business;
(seven) other prohibited acts of the legal rules and regulations.
Article thirteenth For opening the petty loan company, the applicant shall submit the following materials:
(a) the application practice. Content includes to business organization name, domicile, business scope, business conditions in accordance with the registered capital, capital structure, business related materials, structure, site rules and regulations etc.;
(two) issued by the administrative department for Industry and Commerce of the "notice for advance approval of enterprise name";
(three) the capital verification report issued by a statutory capital verification organization;
(four) the general meeting of shareholders by the articles of association of the company;
(five) place of business ownership or the right to use the certification materials;
(six) by the shareholders' general meeting or board of directors list resolution by directors, supervisors and senior management personnel;
(seven) the organization management system and the company;
(eight) other materials submitted shall be stipulated in laws and regulations.
Article fourteenth For opening the petty loan company, the county (city, district) administrative departments of acceptance and preliminary examination, state (city) administrative departments review, provincial financial office for examination and decision, examination time limit were 15 working days.                                                       
Article fifteenth Aspiring micro credit company directors, supervisors and senior management personnel, in addition to comply with the provisions of the company law, it shall meet the following conditions:
(a) with full capacity for civil conduct;
(two) knowledge, experience and abilities required for performing his duties;
(three) with working economy, financial record;
(four) senior management personnel shall engage in economic work for more than 5 years, which is engaged in the work of banking or the petty loan company for more than 2 years, with college degree or above (or with intermediate above title).
Article sixteenth Any of the following circumstances, shall not act as the micro credit company directors, supervisors and senior management:
     (a) an intentional crime record;
     (two) for illegal activities served institutions or great losses of individual responsibility or direct leadership responsibility be dealt with according to law;
     (three) with the principle of good faith in violation of providing false materials;
     (four) by the financial regulators to cancel the directors, supervisors and senior management qualification;
     (five) other circumstances stipulated by the laws and regulations and financial supervision institutions.
Article seventeenth Approved by the opening of the petty loan company approved since the date of 30 working days, go through the formalities for registration and obtain a business license in accordance with the regulations.
    The petty loan company after receiving the business license, shall, within 5 working days to the local public security organs, the people's Bank branch Chinese and Chinese agencies of the CBRC shall submit the relevant materials.
Article eighteenth The petty loan company has any of the following changes, should be the county (city, district) administrative department, state (city) administrative departments review, provincial financial office for examination and decision;
  (a) change of the company form;
  (two) modifying the articles of association of the company;
  (three) because of change of capital, equity transfer, the sponsors changed as a result of the registered capital, the shareholders, the equity;
  (four) replacement or additional directors, supervisors and senior management personnel;
  (five) the laws and regulations and rules and regulations should be other approval of change.
   Small loan company, change of company name, legal representative, the company's domicile, the prefecture (city) competent administrative departments for examination and decision, and the office for the record to the provincial finance.
   The approval after the change, the petty loan company shall, within 30 working days to the local administrative department for Industry and Commerce registration.
Article nineteenth The petty loan company dissolution, bankruptcy and liquidation in accordance with the relevant provisions of the company law.
Article twentieth The petty loan company due to dissolution, bankruptcy, shall promptly report to the provincial financial do return approved documents, and shall make a public announcement.

The third chapter Qualification of shareholder and the ownership

Article twenty-first The petty loan company sponsors include:
(a) or a natural person, enterprise;
(two) the overseas microfinance organizations or institutions;
(three) other economic organizations.
The provincial financial office for examination and approval, as sponsors of microfinance companies in the province of the domestic natural persons, enterprises and overseas microfinance organizations, financial institutions, other economic organizations can.
Article twenty-second The domestic enterprises as promoters or shareholders shall meet the following conditions:
(a) registered by the administrative department for Industry and commerce, has the legal subject qualification;
(two) enterprise net assets to be contributed more than 2 times, and the asset liability ratio less than 70%;
(three) is mainly responsible for people without intentional criminal record;
(four) the enterprise without tax evasion and bad credit record;
(five) the enterprise without false capital contribution, false registered capital and withdrawing capital and other illegal record;
(six) the financial situation is good, shares 3 annual profit for the;
(seven) equity capital is not to borrow funds and entrusted investment funds;
(eight) other conditions prescribed in laws and regulations.
Article twenty-third The natural person as a promoter or shareholder, shall meet the following conditions:
(a) with the people's Republic of China nationality;
(two) has the completely civil capacity;
(three) no intentional criminal record and serious adverse credit record;
(four) equity capital is not to borrow funds and entrusted investment funds;
(five) other conditions prescribed in laws and regulations.
Article twenty-fourth The overseas microfinance organizations, financial institutions and other economic organizations as the investor (promoters), shall be in conformity with the relevant conditions of the relevant provisions of the state and provincial financial office regulations on foreign investment.
Article twenty-fifth The promoters and related parties together ownership shall not be higher than 30% of the total registered capital, the remaining single natural person, legal person and other social organizations, enterprises and related parties of shareholdings ratio should not exceed 10% of the registered capital. There is need to break through the single shareholder limited, shall be submitted to the provincial finance office for examination and decision.
  Small loan company, legal operation, excellent performance, better risk control, can apply for to increase share capital.
Article twenty-sixth Share the petty loan company may be transferred, inheritance and gift. But sponsors ownership since the date of establishment of the company shall not be transferred within 3 years, the other shareholders shall not be transferred within 2 years. The petty loan company directors, supervisors and senior management personnel to hold the equity, during his term of office shall not be transferred or mortgaged.

The fourth chapter Business

Article twenty-seventh The provincial financial office approval, the petty loan company to foreign investment, the establishment of branches.
Article twenty-eighth The petty loan company's business scope includes:
(a) for the small loans;
(two) to provide advisory services for the development of small enterprises, management, finance etc.;
(three) other approved business.
 The petty loan company shall not engage in other business outside the approved business scope.
Article twenty-ninth The petty loan company main source of funds donated money for shareholders to pay the capital,, and from no more than into the capital 2 banking financial institutions.
  In the scope of legal regulations, small loan companies into the balance of funds from the banking financial institutions, shall not exceed 50% of the net capital.
  The petty loan company not to internal or external funding, not absorb or disguised absorbing public savings.
Article thirtieth A small sum loan company shall adhere to the "three rural" principle, loans are mainly used to support farmers, agriculture, rural economic development and advantage industry, industrial development in our province, for the "three rural" loans shall not be less than 50% of total loans.
Article thirty-first The small loan company shall adhere to the "small, scattered" principle, the same borrower loan balance, shall not exceed 5% of the net capital, may not provide loans to the company's shareholders, directors, supervisors, senior management personnel and its related parties.
Article thirty-second The petty loan company according to the market principle, independently determine the loan interest rates, but the limit shall not exceed 4 times the benchmark interest rate loans, the lower limit of not less than 0.9 times the benchmark interest rate loans. Specific interest rate floating rate, loan term and loan repayment terms of the contract content, by both lenders and borrowers in the premise of fair voluntary to negotiate.
Article thirty-third The petty loan company shall abide by the provisions on cash management, rational use of cash. Loans and recovery mainly through the transfer or bank card settlement channel, reducing cash transactions.

The fifth chapterRisk management

Article thirty-fourth A small sum loan company shall perfect the corporate governance structure, the specified procedure rules, legal compliance decision procedures and internal auditing system, strengthening the internal control, improve the level of corporate governance.
Article thirty-fifth A small sum loan company shall establish a strict loan management system, clear pre loan investigation, loan review and credit check after the business process and operation regulations, formulate specific measures to strengthen the credit management and risk prevention.
Article thirty-sixth The petty loan company shall establish a standard asset classification system and provision system, the accurate classification of assets, full provision for loan loss reserves, to ensure that assets loss reserve adequacy rate has been maintained at more than 100%.
Article thirty-seventh The petty loan company shall, in accordance with the "financial rules for financial enterprises" (Ministry of Finance Order No. forty-second) and "financial rules of local financial enterprises in Yunnan province implementation measures" (cloud financial No. {2007}104) and other relevant provisions, improve the enterprise financial accounting system, it is the discipline and comprehensively reflect its business activities and financial activities.
Article thirty-eighth The petty loan company shall establish an information disclosure system, regularly to the shareholders of the company, administrative departments, provide the banking financial institutions, financing related donor agencies, disclose the intermediaries audited financial statements and annual business operations, business financing and other information on important matters, when necessary to disclose to the community.
Article thirty-ninth The petty loan company shall submit to the people's Bank branch China registered to apply for a loan card. To provide the banking financial institutions financing for small loan companies, financial information shall be timely submit the petty loan company seat of the county (city, district) administrative departments, branches of the people's Bank China and China institution dispatched by the CBRC shall supervise the use, and tracking of small loan wage financing.

The sixth chapter Policy support
Article fortieth The state (city), county (city, district) people's Government shall create conditions, support the development of small loan company.
Article forty-first According to the principle of voluntary, regulatory compliance, financial office and Yunnan Banking Board recommended the legitimate business, no bad credit records, have a certain strength and size of the petty loan company for restructuring village bank.

The seventh chapter Supervision

Article forty-second A small sum loan company shall choose 1 and provincial financial office signed a cooperation agreement of the bank to open an account, to formally opened 1 weeks ago, the registered capital in the bank, deposit funds mainly for small loans company funds supervision. The bank does not fulfill the duty, cancel its qualification by the province to do the financial cooperation.
Article forty-third The petty loan company shall submit to the local regulatory authorities to submit the relevant statements and materials. Illegal or potential business risk, the administrative departments at all levels may require the petty loan company hire a direct mechanism corresponding business qualifications, to carry out special audit or audit the petty loan company, relevant expenses shall be borne by the petty loan company.
Article forty-fourth The provincial financial office shall establish a dynamic monitoring system of the petty loan company information, regularly on the financing situation of small loan companies, executives, capital movements for statistical analysis.
   According to the regulatory requirements, provincial financial do can establish the petty loan company annual evaluation system, audit system, the information disclosure system, regular assessment of the operation and management of small loan companies, and the evaluation results as an important basis for evaluation and senior management personnel performance evaluation of small loan companies.
Article forty-fifth Provincial Finance Office and the state (city) administrative department in charge of small loan companies, state (city) administrative departments and the county (city, District, the petty loan company) administrative department in charge of small loan companies, each signed letters of responsibility should the risk control, the risk prevention and control as a priority among priorities to strengthen supervision and management, for the daily supervision of microfinance loan companies and regular inspection, and urge the petty loan company legal business.
  The state (city), county (city, district) administrative department in charge of small loan companies, should establish cooperative supervision mechanism of multi linkage, organization of public security, industrial and commercial, the people's Bank of China Banking Regulatory Commission, and other departments to strengthen supervision and inspection of micro credit company, focus on the prevention and disposal of absorb public deposits, illegal fund-raising, usury illegal.
Article forty-sixth The branches of the people's Bank China to the petty loan company interest rates, capital flows were monitored, and the conditions of microfinance companies into the credit system. The banking regulatory departments shall cooperate with the good work of risk supervision of microfinance company; industrial and commercial administrative departments to do a good job in the petty loan company's registration, alteration and inspection work; public security departments to crack down on petty loan company financial illegal and criminal activities in accordance with the law.
Article forty-seventh The petty loan company in violation of the relevant provisions of these measures, the relevant departments have the right to take that risk, make an appointment to meet with the board of directors, supervisors and senior management personnel of supervisory inquiries, conversation, shall be ordered to suspend business for such measures, and timely rectification, risk prevention.
Article forty-eighth The petty loan company in the survival period, any of the following circumstances, by the provincial finance office or authorized prefecture (city) competent administrative departments to take interview, be corrected within a time limit; if the circumstances are especially serious, request the administrative department for Industry and Commerce and other relevant departments of the law by the Provincial Finance Office; constitutes a crime, shall be investigated for criminal responsibility according to law:
(a) the establishment of branches unauthorized;
(two) without the approval of the registration of change;
(three) beyond the approved business scope;
(four) against the interest rate policy;
(five) without authorization change of the legal representative and the appointment of key management personnel;
(six) refusing or hindering the off-site supervision and on-site inspection;
(seven) does not submit the report in accordance with the relevant provisions, report and other data, as well as providing false or conceal important facts report, report data;
(eight) did not disclose the information in accordance with the provisions of;
(nine) to flee or disguised capital flight;
(ten) absorption or disguised absorbing public deposits, such as the illegal fund-raising violations;
(eleven) other circumstances processing authorized by laws and regulations, the people's Bank of China, industrial and commercial departments.
Article forty-ninth The establishment of social supervision mechanism, the petty loan company shall operate in a prominent place identity financial do set up telephone to report, to take full advantage of the power of social supervision, strengthen the supervision of the operational behavior constraints, small loan companies, improve the effectiveness of supervision.

The eighth chapter   AttachedThen

Article fiftieth The petty loan company can trade associations established according to law. Industry associations to carry out activities shall accept the guidance of provincial finance office.
Article fifty-first Says microfinance companies mentioned in the present measures, refers to the natural person, legal person enterprise and other social organizations in our province administrative regions in investment to set up, do not absorb public deposits, engaged in small loan company or Limited by Share Ltd Limited (liability).
Article fifty-second As mentioned in the present Measures of the directors, supervisors and senior management personnel, refers to the legal representatives of the petty loan company and the management decision-making power or who can play an important role in controlling risk, including other staff chairman, vice chairman, chairman of board of supervisors, general manager, deputy general manager and the company's articles of.
Article fifty-third "Related party as mentioned in these Measures refers to the petty loan company, the natural person shareholders, corporate shareholders and actual controllers, directors, supervisors, and senior management personnel or their close relatives.
Article fifty-fourthSaid the actual controller of the measures, refers to is not a shareholder, but the investment relations, agreements or any other arrangements, to the actual control of the acts of the company.
Article fifty-fifth The present Measures shall be implemented as of July 1, 2011. "The general office of the people's Government of Yunnan Province on printing and distributing the measures for the administration of small loan company in Yunnan province (Trial) Notice" (cloud does hair No. [2008]195) abolished at the same time.