I. Requirements for investors of microfinance companies
(1) registered by the administrative department for industry and commerce, with the qualification of enterprise legal person;
(2) The net assets are more than 30 million yuan (not less than 6,543,800,000 yuan in national and provincial key poverty alleviation counties), and the asset-liability ratio is not more than 60%; Except for investment companies and holding companies stipulated by the State Council, the balance of equity investment shall not exceed 50% of the net assets of the enterprise; The main sponsor (the largest shareholder) chooses other shareholders through consultation, and other shareholders meet the corresponding conditions in terms of credit record, operation and management; The main promoter (the largest shareholder) holds no more than 20% of the registered capital of the company, and other natural persons, enterprise legal persons, other social organizations and their related parties hold no more than 65,438+00%, but not less than 65,438+0%.
(3) The legal representative of the enterprise has no illegal record;
(4) It has a good social reputation and good faith record, and the enterprise has no bad reputation record;
(five) the financial situation is good, and the previous three fiscal years have been profitable continuously, with a total profit of more than 9 million yuan (3 million yuan in the national and provincial key poverty alleviation counties);
(six) good management, no major illegal business records in the past three years. Other social organizations, as investors of small loan companies, shall meet the conditions stipulated by relevant state laws and regulations.
Second, the application conditions
Microfinance companies are limited liability companies or joint stock limited companies established by natural persons, corporate legal persons and other social organizations that do not absorb public deposits and operate microfinance business. Compared with banks, small loan companies are more convenient and quick, and are suitable for the capital needs of small and medium-sized enterprises and individual industrial and commercial households; Compared with private lending, microfinance is more standardized, and loan interest can be negotiated by both parties.
1. There are articles of association that meet the requirements.
2. The promoters or investors shall meet the prescribed conditions.
3. Small loan companies are organized as limited liability companies or joint stock limited companies. A limited liability company shall be established by less than fifty shareholders; A joint stock limited company shall have two to two hundred promoters, more than half of whom have domicile in China.
4. The source of registered capital of the small loan company is true and legal, and all of them are paid in monetary funds, which are paid in full by the investor or promoter at one time. The registered capital of a limited liability company is not less than 5 million yuan, and the registered capital of a joint stock limited company is not less than 6.5438+million yuan. The shares held by a single natural person, enterprise legal person, other social organizations and their related parties shall not exceed 65,438+00% of the total registered capital of the microfinance company.
5. Having qualified directors and senior managers.
6. Having employees with corresponding professional knowledge and experience.
7. Necessary organizational structure and management system.
8. Having qualified business premises, safety precautions and other business-related facilities.
Other prudent conditions stipulated by the financial department of the provincial government.
There are clear legal provisions on the establishment and related identification of microfinance companies. When establishing a small loan company, both parties must strictly abide by the above procedures. If the relevant situation cannot be determined, it needs to be handled by the judicial organs through litigation to avoid mistakes in applying the law.