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Our Country Small And Medium-sized Enterprise Credit Guarantee Institution Legal Issues Research

Posted on:2014-09-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z F WangFull Text:PDF
GTID:2256330398988041Subject:Economic law
Abstract/Summary:PDF Full Text Request
China’s small and medium-sized enterprise credit guarantee agencies, began to be built in the1990s, started late, for the risk control ability is bad, the related legal system is not perfect, therefore, it is necessary through the on-the-spot investigation, analysis, find out the problems existing in the development of small and medium-sized enterprise credit guarantee agencies, from the perspective of law, the problem of small and medium-sized enterprise credit guarantee institutions in our country carries on the scientific analysis, so as to find out the solutions to solve these problems.In the introduction part, the author mainly elaborated the research background and significance, current research on credit guarantee legal issues at home and abroad and the research methods and innovation.This article altogether is divided into four parts:The first part discusses the legal status of small and medium-sized enterprise credit guarantee agencies. This part mainly discusses from three aspects.(A) the definition of small and medium-sized enterprise credit guarantee agencies, the content includes:1. The definition of small and medium-sized enterprise credit guarantee agencies. It is to point to by the people’s government at the same level and government designated department approval to set up and registered according to law, and creditors (including Banks and other financial institutions), when the warrantee fails to fulfill the debt or unwilling to fulfill the contract when contract responsibility or to perform the debt, specifically for small and medium-sized enterprises to provide credit guarantee institutions.2. The classification of the small and medium-sized enterprise credit guarantee agencies in China. The classification of the small and medium-sized enterprise credit guarantee agencies in China. From the aspects of sources of finance can be divided into:the policy guarantee institutions, mutual guarantee institutions and commercial guarantee institutions; From organizational form can be divided in the form of guarantee company as a representative of an enterprise as a legal person, in order to assure the center is a representative form of enterprise legal person, in order to guarantee association is a representative form of corporation.3.The characteristics of the small and medium-sized enterprise credit guarantee agencies. Is characterized by:the investment main body is mainly the government, with legal person qualification, not for-profit, made of special law adjustment, run under strict procedures.(B) the legal nature of small and medium-sized enterprise credit guarantee agencies and the legal relations and operation, this part includes:1. The legal nature of small and medium-sized enterprise credit guarantee agencies. Here, respectively discusses the small and medium-sized enterprise credit guarantee agencies are independent legal person, is a service organization, is a special non-bank financial machine guarantee and credit guarantee belongs.2. Small and medium-sized enterprise credit guarantee institutions operating in the legal relationship. Including guarantee legal relationship, collaborative law relations, entrust a legal relationship and legal relationships between guarantee agencies and institutions to spread, such as insurance guarantee legal relationship, and guarantee legal relationship, etc.(C) The rights and obligations of smes credit guarantee institutions. Here from the government, cooperative Banks and small and medium-sized enterprises, three aspects are discussed respectively the rights and obligations of smes credit guarantee institutions.The second part discusses the small and medium-sized enterprise credit guarantee agencies and relevant legal relation of the subject. This part of contents including:(A) Small and medium-sized enterprise credit guarantee the legal relationship between institutions and the government. Government supervision over the operation of the credit guarantee agencies for small and medium-sized enterprises, management, support, but I don’t interfere.(B) Small and medium-sized enterprise credit guarantee agencies and the legal relations between the commercial Banks. Both should be equal consultation and risk-sharing.(C) Small and medium-sized enterprise credit guarantee institutions with the legal relationships between small and medium-sized enterprises.In the third part of the small and medium-sized enterprise credit guarantee agencies of preferential tax. This part of contents including:(A) Small and medium-sized enterprises with a tax credit guarantee institutions. This part respectively discusses the enjoy preferential tax and income tax preferential conditions should possess.(B) Small and medium-sized enterprise credit guarantee institutions preferential tax program.(C) Small and medium-sized enterprise credit guarantee institutions preferential tax legislative defects and perfect. This part elaborated the our country small and medium-sized enterprise credit guarantee agencies main problems of tax breaks and consummates our country small and medium-sized enterprise credit guarantee institutions preferential tax advice.The fourth part of small and medium-sized enterprise credit guarantee institutions risk control law. This part discusses the three problems, the content includes:(A) The necessity of small and medium-sized enterprise credit guarantee institutions risk control law.1. Small and medium-sized enterprise credit guarantee agency risk existing in the operation. Mainly include:(1) From the risk of the government. In small and medium-sized enterprise credit guarantee agencies operating in the process, there is a government for its operation and the phenomenon of excessive administrative intervention, policy and laws and regulations as well as aspects of risk, which has had the enormous threat to its normal operation.(2) From the collaboration bank risk. Practice, cooperative Banks tend not to take risks or only very little risk.(3) From the credit guarantee institution’s own risk. Main existence itself guarantee agencies scale small, the strength is not strong; Guarantee agencies own management and business operation is not standard; Investment risk and moral risk.(4) From the risk of the insured enterprises. Major competitive risk, decision-making risk, credit risk, audit risk.(5) From the risk of small and medium-sized enterprise credit system., such as incomplete credit system and the external credit rating system development lags behind the risk.2. The necessity of small and medium-sized enterprise credit guarantee institutions risk control law. Credit guarantee institutions risk control is the requirement of micro individuals, medium the requirements of the stakeholders, external regulatory requirements, small and medium-sized enterprise credit guarantee agencies for policy mission requirements of the legal risk control, guarantee industry development present situation is an urgent need to the risk of credit guarantee agencies for small and medium-sized enterprises, to carry on the legal control, etc.(B) Small and medium-sized enterprise credit guarantee agency risk the basic principles of legal control. On small and medium-sized enterprise credit guarantee institutions risk control law, should follow the basic principles include maintenance guarantee market trading fair principle, security principle, the principle of good faith and the principle of coordination.(C) The small and medium-sized enterprise credit guarantee institutions risk control law. The basic way of Specific include:1. Clear the government responsibility. The government should increase funding support, avoid direct intervention; Provide preferential policy, motivating and supporting services; More policy support for small and medium-sized enterprise credit guarantee agencies.2. Strengthen the legislation of sme credit guarantee.3. Improve the system of small and medium-sized enterprise guarantee agencies access to markets. From the lowest registered capital, senior management personnel and key business personnel’s qualification and set up the examination and approval system has carried on the elaboration from three aspects.4. Perfect the small and medium-sized enterprise internal control system for guarantee agencies. Content includes:(1) perfect the corporate governance structure;(2) Improve the system of contract management;(3) Improve the system of legal adviser;(4) Improve the assurance from personnel management mechanism, etc.5. We will improve the market exit system.6. Strengthen the small and medium-sized enterprise credit construction. Content includes:(1) To strengthen the publicity of legal system of small and medium-sized enterprises (smes) and education (2) Perfect the small and medium-sized enterprise credit system.7. Improve the construction of small and medium-sized enterprise guarantee fund mechanism. Content includes:(1) Expand the credit guarantee fund sources;(2) Perfect the credit guarantee risk dispersed mechanism;(3) The indenture system way to establish credit guarantee fund;(4) Promote and guarantee mechanism.8. Credit guarantee institutions and collaboration between the Banks of the relationship. Content includes:(1) Between the Banks and credit guarantee institutions establish risk-sharing, profit sharing mechanism;((2) Collaboration Banks should strengthen cooperation, share the risk for obligation;(3) Both shall establish strategic partnership.9. Expanding the scope of business of small and medium-sized enterprise credit guarantee agencies.10. Improve the system of industry self-regulation.11. To perfect the coordination mechanism between different regulatory bodies. Content includes:(1) Strengthen the supervision to the government coordinating role conflict;(2) Establish the China banking regulatory commission and coordination mechanism between local governments;(3) Set up communication and coordination mechanism between the government and self-disciplinary organization.
Keywords/Search Tags:Small and medium-sized enterprises, Credit guarantee, agencies, Legal issues, Risk contro
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