China: CIRC Publishes Draft Discussion Paper On Credit Guaranty Insurance Business (Chinese)

2017年6月19日,保监会起草了《信用保证保险业务监管暂行办法(征求意见稿)》(以下简称"《征求意见稿》")。以下是《征求意见稿》的主要内容:

1. 《征求意见稿》所适用的范围为:

a. 信用保险(出口信用保险除外);

b. 保证保险;以及

c. 再保险(包括转分保)形式的信用保证保险。

2. 规定了保险公司的偿付能力

保险公司的上一季度核心偿付能力充足率应当不低于75%,且综合偿付能力充足率不低于150%。

3. 规定了自留责任余额

a. 总自留责任余额,不得超过上一季度末净资产的10倍;

b. 单笔自留责任余额,不得超过上一季度末净资产的5%,且不得超过5亿元;以及

c. 超过以上自留责任余额要求的部分,应当办理再保险。

4. 规定了保险公司不得为以下融资行为提供信保业务:

a. 类资产证券化业务或债权转让行为;

b. 主体信用评级AA及以下的债券发行业务;以及

c. 保险公司的控股股东、子公司以及关联方的融资行为(关联方的资金融出行为除外)。

5. 保险公司开展信保业务,不得存在以下行为:

a. 承保违法违规行为;

b. 承保不会实际发生的损失或已确定的损失;

c. 以拆分保单期限或保险金额的形式,承保与同一借贷合同项下融资期限或融资金额不相匹配的信保业务;

d. 通过各种形式实质性改变信保产品;以及

e. 承保的自然人、法人或非法人组织贷(借)款利率超过国家规定上限。

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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