Chinese Government to Develop the Internet Finance Industry

“Guiding Opinions on Promoting the Healthy Development of Internet Finance” (Yin Fa [2015] No. 221) was jointly issued by eight departments recently. You can refer to the below chart for its main points.

 

The Service

Administration

Points

Internet payment

the People's Bank of China

It is required that service information be fully disclosed to clients, clients be clearly reminded of business risks, and the nature and that functions of payment services intermediaries shall not be exaggerated;

Internet borrowing and lending

the China Banking Regulatory Commission

 

l   The Contract Law, the General Principles of Civil Law and other laws and regulations as well as the related jurisdictional interpretations of the Supreme People's Court are applicable;

l   Nature as information intermediaries, mainly provide information services for lenders and borrowers, and shall neither provide ICP services nor conduct illegal fund raising;

Internet trust

l   Shall comply with provisions on supervision and administration over qualified investors, prudently identify the identity of clients and evaluate the risk tolerance of clients, and shall not sell products to clients whose capacity of risk tolerance does not match the product;

l   Be strictly subject to the provisions on supervision and administration and strengthen risk management to ensure the legality and compliance of transactions, and keep client information confidential;

Internet consumer finance

Be strictly subject to the provisions on supervision and administration and strengthen risk management to ensure the legality and compliance of transactions, and keep client information confidential;

Private equity crowd funding

the China Securities Regulatory Commission

Those providing private equity crowd funding shall be SMEs and innovation companies;

Sales of Internet funds

l   Effectively perform the obligation of risk disclosure, and shall not attract clients by breaching the rules by promising to give earnings to them;

l   Client provisions of third-party payment institutions shall only be used to handle payment transactions commissioned by clients, and shall not be used to pay funds or redeem funds of other financial products;

Internet insurance

the China Insurance Regulatory Commission

l   Strengthen risk management, and improve the internal control system to ensure transaction security, information security, and fund security;

l   Shall not make misrepresentations, unilaterally or exaggeratedly publicize past achievements, unlawfully promise that the fund holders will gain benefits or losses will be borne by the companies themselves, or make other misleading descriptions;

 

Dongjin Comments:

1.     The companies involved in Internet Finance service shall obtain ICP license issued by the Ministry of Industry and Information Technology, as well as the special license for the financial service. Most companies have the requirement of listing on the stock in the domestic capitalization market in the future;

2.     The related departments will issue their own detailed regulations on the Internet Finance service, and the merger and acquisition requirement of companies in this industry will be caused in this more and more regulated market.

 

If you want to know more details, please contact our senior consultant.

Ms. Jojo Hu

TEL: 0086-21-68868335 ext 324 / FAX: 0086-21-68868021

Email: jojohu@shanghaiinvest.com