Implementation Plan for Special Remediation of Internet Financial Risks

The Notice on the Implementation Plan for Special Remediation of Internet Financial Risks clearly states that the special rectification focuses on P2P peer-to-peer lending, equity crowdfunding business, Internet insurance, asset management through the Internet and cross-border financial business, third-party payment business, Internet financial advertising and information business. The following is the implementation plan for the special rectification of Internet financial risks that I have compiled. Welcome to refer to!

Implementation Plan for Special Remediation of Internet Financial Risks

In order to thoroughly implement the decision-making arrangements of the CPC Central Committee and the State Council, conscientiously implement the requirements of the Notice of the General Office of the State Council on Printing and Distributing the Implementation Plan for Special Remediation of Internet Financial Risks (Guo Ban Fa [2016] No.21,hereinafter referred to as the Notice), actively prevent and deal with Internet financial risks, establish and improve a long-term mechanism for Internet financial supervision, promote the healthy development of Internet finance norms, and earnestly safeguard Internet finance.

I. Work Objectives and Principles

(1) Work objective

In accordance with the unified deployment of the state, standardize various Internet financial formats, optimize the financial ecological environment, reverse the situation that some Internet financial formats deviate from the correct direction of innovation, and curb the high incidence of Internet financial risk cases; Strengthen the education of financial consumers and raise investors' awareness of risk prevention; Establish and improve a long-term mechanism of full coverage supervision that adapts to the development characteristics of Internet finance, carefully investigate and resolve potential risks, pay equal attention to normative development, innovation and prevention, earnestly safeguard the vital interests of the people and the social stability of the capital, promote the sustained, healthy and standardized development of Internet finance, and give full play to the positive role of Internet finance in mass entrepreneurship, innovation, building a sophisticated economic structure and promoting the coordinated development of Beijing, Tianjin and Hebei.

(2) Working principle

Standardize development and crack down on illegal activities. Clarify the boundaries between legality and illegality, compliance and violation of various formats of Internet finance, and keep the legal and risk bottom line. Carry out special rectification work according to laws and regulations, urge enterprises to operate in compliance with laws and regulations, and resolutely crack down on illegal activities.

Clear responsibilities and strengthen coordination. In accordance with the requirements of clear division of labor in the Notice and the Guiding Opinions on Promoting the Healthy Development of Internet Finance jointly issued by the People's Bank of China and other ten departments, the Business Management Department of the People's Bank of China, Beijing Banking Regulatory Bureau, Beijing Securities Regulatory Bureau, Beijing Insurance Regulatory Bureau and Municipal Finance Bureau took the lead in taking charge of the special rectification work in this Municipality and passed it. Penetration? Supervision mode, concentrate on rectifying the outstanding problems in the main risk areas of Internet finance. Implement the territorial responsibility of each district, strengthen departmental coordination and cross-regional cooperation, form a joint effort, and do a good job in special rectification.

Classified policy, effectively resolve. In view of the different risk areas of Internet finance, clear the focus of work and carry out rectification by classification. According to the severity of violations of laws and regulations and the degree of social harm, we should handle risks in an orderly and steady manner according to law, especially to prevent the risks of handling risks, earnestly safeguard the legitimate rights and interests of financial consumers, and promote the standardized development of Internet finance.

Establish a mechanism and keep changing in the process. In the process of special rectification, it is necessary to strengthen risk prevention and resolution and effectively deter illegal activities; We should also sum up experience in a timely manner, explore laws, establish and improve a long-term mechanism for Internet finance supervision, and effectively change the Internet finance industry in this city? Lack of thresholds, rules and supervision? Achieve full coverage of Internet financial supervision and risk management and control in the capital.

Second, the focus of remediation work

According to the "Notice" and the special rectification plan formulated by the relevant state departments, the focus of the special rectification work in this Municipality mainly includes:

(A) P2P peer-to-peer lending

1.P2P peer-to-peer lending platform shall adhere to the legal bottom line and policy red line, and conduct business in strict accordance with the nature of information intermediary, and shall not set up a fund pool, issue loans, illegally raise funds, engage in self-insurance, promise to protect capital and interest on behalf of customers, mismatch the term, split the term, make false propaganda, or make fictitious targets, and shall not fabricate or exaggerate the income prospects of financing projects to mislead lenders, except for credit collection and verification, post-loan tracking and pledge.

2.P2P peer-to-peer lending platform shall not engage in financial business such as asset management, transfer of creditor's rights or equity, and fund transfer in high-risk securities market without approval; It is necessary to strictly implement the requirements for third-party depository of client funds, select qualified banking financial institutions as depository institutions, protect the safety of client funds, and may not misappropriate or occupy client funds.

3. Real estate development enterprises, real estate intermediaries and internet financial institutions shall not engage in real estate finance business by using P2P peer-to-peer lending platform without obtaining relevant financial qualifications; Those who have obtained relevant financial qualifications shall not engage in real estate finance-related business in violation of regulations. Enterprises engaged in real estate finance business should abide by macro-control policies and relevant provisions of real estate finance management. Regulate the internet? Crowdfunding to buy a house? And other acts, it is strictly prohibited for all kinds of institutions to carry out? Down payment? Nature of business, etc.

(2) Equity crowdfunding business

1. The equity crowdfunding platform shall not publish false targets or raise funds by itself, or? Clear stocks and real debts? Or fund-raising in disguise, we should strengthen the information disclosure obligations and shareholders' rights protection requirements for financiers and equity crowdfunding platforms, and must not make false statements and misleading propaganda.

2. Without approval, the equity crowdfunding platform and the financiers on the platform shall not publicly issue shares without authorization or in disguise.

3. The equity crowdfunding platform shall not engage in financial business such as asset management, transfer of creditor's rights or equity, and fund allocation in the high-risk securities market without approval.

4. The equity crowdfunding platform shall strictly implement the requirements for third-party depository of clients' funds, select qualified banking financial institutions as fund depository institutions, protect the safety of clients' funds, and shall not misappropriate or occupy clients' funds.

5. Financiers on the equity crowdfunding platform shall not fraudulently issue financial products such as stocks.

6. Real estate development enterprises, real estate intermediaries and Internet financial institutions are not allowed? Equity crowdfunding? Engaging in illegal fund-raising activities in the name; Without obtaining relevant financial qualifications, you may not use the equity crowdfunding platform to engage in real estate finance business or conduct it through the Internet? Crowdfunding to buy a house? Business, etc.

7. Securities companies, fund companies, futures companies and other licensed financial institutions shall cooperate with Internet companies and carry out related businesses in strict accordance with the law.

8. What is an equity crowdfunding platform? Equity crowdfunding? To raise private investment funds in the name, it is not allowed to raise funds from units and individuals other than qualified investors, to raise funds in disguise, to publicize and promote them to unspecified objects, and to increase investors in disguise by splitting, staging and nesting with asset management plans.

(3) Internet insurance

1. Insurance companies should be established? Firewall? System, strengthen the management of non-insurance subsidiaries such as e-commerce companies.

2. Internet business with high cash value. Insurance companies selling insurance products through the Internet shall not make false statements, unilaterally or exaggeratedly publicize past performance, and shall not use misleading descriptions such as promised income or illegal losses. Strengthen the supervision of Internet insurance information disclosure, investigate the risks related to universal life insurance products, and increase the investigation and punishment of high-priced Internet businesses.

3. Cross-border Internet business of insurance institutions. An insurance company shall not cooperate with a third-party network platform without business qualification, or with an Internet credit platform suspected of illegal credit enhancement service, self-built fund pool or illegal fund-raising. Risk control and internal management should be strengthened in operating the financing guarantee insurance business of Internet credit platform.

4. Internet insurance business. Non-licensed institutions are not allowed to carry out Internet insurance business in violation of regulations, and Internet enterprises that have not obtained relevant business qualifications are not allowed to rely on the Internet to carry out insurance business. No illegal fund-raising may be carried out by using the Internet or under the guise of the name or credit of an insurance company. Insurance institutions may not achieve regulatory arbitrage through cross-border financial activities on the Internet. Internet insurance institutions should strictly implement the third-party depository system of client funds to protect the safety of client funds.

(four) to carry out asset management and cross-border financial business through the Internet.

1. Internet enterprises shall not rely on the Internet to conduct corresponding business without obtaining relevant financial business qualifications, and the essence of conducting business shall be consistent with the business qualifications obtained. Internet companies compete on an equal footing with traditional financial companies, and their rules of conduct and regulatory requirements are consistent. Take? Penetration? Regulatory measures to identify business attributes according to the nature of business.

2. Without the approval of the relevant departments, Internet companies may not sell all kinds of financial products issued by private placement to the public through packaging and splitting. Take? Penetration? Supervision methods, according to the essential attributes of the business to implement the corresponding regulatory provisions. When selling wealth management products, we should strictly implement the institutional standards of investor suitability, make information disclosure and risk warning, and not sell products to customers with mismatched risk tolerance.

3. Financial institutions shall not rely on the Internet to carry out asset management business by nesting various asset management products to avoid regulatory requirements. It is necessary to integrate the whole process information such as the source of funds, intermediate links and final investment, and adopt? Penetration? Regulatory law, through the surface to determine the essential attributes of business, the rules of conduct to be followed, as well as the corresponding regulatory responsibilities and regulatory requirements.

4. Those who have obtained multiple financial business qualifications within the same group shall not violate related business norms such as related party transactions. According to the regulatory rules consistent with traditional financial enterprises, the group is required to be established? Firewall? System, follow the regulations on related party transactions, and effectively prevent cross-infection of risks.

(5) Third-party payment services

1. Non-bank payment institutions shall not misappropriate, occupy or borrow customer reserve funds. The customer reserve account shall be uniformly opened in the People's Bank of China or a qualified commercial bank. The People's Bank of China or a commercial bank shall not calculate and pay interest on the reserve account of a non-bank payment institution to prevent the payment institution from paying? Eat smear? As the main profit model; Straighten out the incentive mechanism for the business development of payment institutions and guide non-bank payment institutions to return to the purpose of providing small, fast and convenient micro-payment services.

2. Non-bank payment institutions shall not connect multiple banking systems to carry out inter-bank clearing business in disguise. Non-bank payment institutions shall conduct inter-bank payment business through the inter-bank clearing system of the People's Bank of China or a legally qualified clearing institution.

3. Institutions engaged in payment business shall obtain the qualification of payment business license according to law, and shall not engage in payment business without a license, including issuing multi-purpose prepaid cards without a license, acquiring bank cards without a license, and conducting online payment without a license.

(6) Internet financial advertisements and information

Internet financial advertisements, information release and other publicity activities shall be legal, true and accurate, and improper publicity of financial products and businesses shall not be allowed. Institutions that have not obtained relevant financial business qualifications may not publicize financial products, financial business or corporate image. To obtain relevant business qualifications, the publicity content shall comply with relevant laws and regulations, and shall be consistent with the licensed content if it needs to be approved by relevant departments, and shall not be misleading, false or illegal.

Third, strengthen comprehensive improvement and effectively improve the effect.

(1) Strict admission management. The establishment of financial institutions and financial activities must be subject to access supervision according to law. Those who engage in financial activities without the approval or filing of the relevant departments shall be identified and investigated by the financial management department in conjunction with the industrial and commercial departments, and shall be banned if the circumstances are serious. The industrial and commercial department shall revoke its business license according to the opinions of the financial management department; Suspected of committing a crime, the public security organ shall investigate and deal with it according to law.

Non-financial institutions and enterprises not engaged in financial activities shall not be used in the registered name and business scope in principle? Exchange? Trading center? Finance? Asset management? Financial management? Fund? Fund management? Investment management? Wealth management? Equity investment fund? Online loan? Peer-to-peer lending? P2P？ Crowdfunding? Internet insurance? Pay? Investment? Capital? Financial leasing? Non-financing And so on. If an enterprise (including a joint-stock enterprise) chooses to use the above words in its name and business scope, the industrial and commercial department will promptly inform the financial management department of its registration information, and the financial management department and the industrial and commercial department will continue to pay attention to it and list it as a key regulatory object, strengthen coordination and communication, timely discover and identify the risks of enterprises engaging in financial activities without authorization, and take corrective measures as appropriate.

Suspend approval to include? Investment? Assets? Capital? Holding? Fund? Wealth management? Financial leasing? Non-financing guarantee? Names of enterprises and self-employed households with words; Suspension of registration? Project investment? Equity investment? Investment management? Investment consulting? Investment consultant? Capital management? Asset management? Financial leasing? Non-financing guarantee? Investment projects such as. At the same time, the name or business scope of the enterprise contains relevant expressions, and if it applies for moving into this city without approval, its industrial and commercial registration will be suspended.

(2) Strengthen fund monitoring. Strengthen the centralized management and inter-bank clearing of fund accounts of Internet financial institutions, and comprehensively monitor the fund accounts, shareholders' status, sources and use of funds of Internet financial institutions. Internet financial institutions are strictly required to implement the third-party depository system for client funds, and depository banks should strengthen supervision over relevant fund accounts. In the process of rectification, it is especially necessary to do a good job in protecting customers' funds.

(3) Establish a reward system for reporting. In view of the strong concealment of internet financial violations, we should give full play to the role of social supervision, establish a reward reporting system, reward informants who provide clues, encourage and guide the masses to report through 12345 (the city's non-emergency rescue service hotline), and crack down on illegal acts to provide clues for rectification work. At the same time, strengthen the information sharing of dishonesty, complaints and reports.

(4) Rectifying unfair competition. Clean up and standardize unfair competition behaviors such as unreasonable high returns and disguised subsidies provided by Internet financial institutions to customers. High-risk and high-yield wealth management products should strictly implement investor suitability standards and strengthen information disclosure requirements. Internet financial institutions shall not provide customers with high-return financial products by subsidizing their own funds, cross-subsidizing or using other customers' funds in an express or implied way. Give full play to the role of industry associations, social think tanks and typical enterprises, organize the establishment of expert review committees, consult relevant departments to evaluate and identify unfair competition in the Internet finance industry, and hand over the results to relevant departments as the basis for punishment.

(5) Increase technical support. Using internet thinking to do a good job in internet financial supervision. Establish a technical support system for Internet finance supervision, give full play to the role of the monitoring and early warning platform in cracking down on illegal fund-raising, investigate and find out the overall situation of Internet finance through online inspections, website docking, data analysis and other technical means, strengthen data collection and public opinion analysis, timely warn risks, and provide security protection services for the Internet financial platform.

(6) Strengthen risk education. Make full use of all kinds of media or carriers to carry out publicity and education on the prevention and disposal of internet financial risks through legal policy interpretation, typical case analysis and investment risk education, so as to enhance the universality, pertinence and effectiveness of publicity and education. Strengthen public opinion monitoring, strengthen the guidance of public opinion, guide investors to reflect their demands reasonably and legally, and effectively prevent and deal with risks.

(seven) give full play to the role of industry self-discipline. Support the Beijing Internet Loan Industry Association, Zhongguancun Internet Finance Industry Association and other industry organizations to study and formulate relevant industry standards and self-discipline rules, improve the disciplinary mechanism, carry out risk education, and urge member institutions to strengthen product registration, information disclosure and fund custody; Establish an industry data statistical analysis system, strengthen risk monitoring through data analysis, and form a long-term supervision mechanism that combines legal and regulatory supervision with self-discipline management and fully covers the Internet finance field.

Fourth, strengthen organizational leadership and implement the main responsibility.

(A) the establishment of municipal leading bodies

According to the notice? Departmental planning, territorial organization, compartmentalization and joint responsibility? Requirements, the establishment of Beijing Internet financial risk special rectification work leading group (hereinafter referred to as the municipal leading group), responsible for organizing the implementation of the city's Internet financial risk special rectification work. The leader is the executive deputy mayor, and the deputy leader is the deputy secretary-general of the municipal government and the principal responsible comrades of the Municipal Finance Bureau, the Business Management Department of the People's Bank of China, the Beijing Banking Regulatory Bureau, the Beijing Securities Regulatory Bureau, the Beijing Insurance Regulatory Bureau, the Municipal Stability Office, the Municipal Housing and Urban-Rural Development Committee and the Municipal Administration for Industry and Commerce. Members include the Propaganda Department of the Municipal Party Committee, the Municipal High Court, the Municipal Procuratorate, the Capital Comprehensive Management Office, the Municipal Development and Reform Commission, the Municipal Economic and Information Commission, the Municipal Public Security Bureau, the Municipal Finance Bureau, the Municipal Agriculture Commission, the Municipal Commerce Commission, the Municipal Audit Bureau, the Municipal Social Affairs Office, the Municipal Local Taxation Bureau, the Municipal State Taxation Bureau, the Municipal Bureau of Press, Publication, Radio, Film and Television, the Legislative Affairs Office of the Municipal Government, the Municipal Letters and Calls Office, the Municipal Information Office, the Municipal Communications Administration and the district governments. The Municipal Leading Group consists of an expert group composed of experts, scholars and practitioners who have conducted in-depth research on Internet finance from industry associations, research think tanks and typical Internet finance enterprises, and are mainly responsible for consulting and judging the doubts and difficult problems found in the special rectification work.

(2) Establishing specialized agencies.

The office of the Municipal Leading Group is located in the Municipal Finance Bureau and undertakes the daily work of the Municipal Leading Group. The director of the office is the principal responsible comrade of the Municipal Finance Bureau, and the deputy director is the responsible comrade in charge of the business management department of the People's Bank of China, Beijing Banking Regulatory Bureau, Beijing Securities Regulatory Bureau, Beijing Insurance Regulatory Bureau, Municipal Housing and Urban-Rural Development Committee and Municipal Administration for Industry and Commerce. The staff of major member units are transferred to centralized office.

(3) Implementing territorial responsibility

Each district should set up a special rectification working group for Internet financial risks, with the district government in charge of the leadership as the leader, coordinating all forces, and establishing a special rectification working group with strong leadership, clear responsibilities, smooth coordination, solid work and effective measures.

(4) Strengthen coordination and cooperation.

All districts, departments and units should fully grasp the development of Internet financial activities in their own regions and fields. Under the unified leadership of the Municipal Leading Group, the Business Management Department of the People's Bank of China, the Beijing Banking Regulatory Bureau, the Beijing Securities Regulatory Bureau, the Beijing Insurance Regulatory Bureau, the Municipal Housing and Urban-Rural Development Committee, the Municipal Administration for Industry and Commerce, together with the Municipal Finance Bureau, take the lead in taking charge of the rectification work in different fields of this Municipality and undertake the rectification tasks in different fields. For cross-nested products and businesses that need to integrate the business information of the whole process to identify the essential attributes of the business, relevant departments should establish data exchange and business essence identification mechanisms. If the opinions are inconsistent, the municipal leading group will study and identify and put forward rectification opinions, and organize special forces to carry out rectification when necessary. In the process of rectification, if the lead department really needs to retrieve the account data of public institutions, the relevant departments and units shall give necessary support through legal procedures.

The arrangement of verb (verb's abbreviation) repair work

(a) a comprehensive investigation, find out the base (2065438+before the end of June 2006). All districts, relevant departments and units, according to the rectification contents and regulatory responsibilities, comprehensively use on-site investigation, big data retrieval and other means to conduct an inventory of the situation in their own regions and fields. Give full play to the role of the city's monitoring and early warning platform to prevent and combat illegal fund-raising, strengthen information collection and cross-comparison, and accelerate the construction of an Internet financial data information management system. All districts should give full play to the advantages of coordinating resource mobilization and being close to the grassroots level, and make full use of Internet financial remediation APP and other means to investigate Internet financial risks in key areas such as office buildings; The industrial and commercial departments should provide the directory of various Internet enterprises and industrial and commercial registration information as soon as possible; The Municipal Finance Bureau shall, jointly with relevant departments, provide a list of Internet finance enterprises in various fields. Before the end of May, carry out the first round of situation investigation; Before the end of June, we will systematically sort out and compare the enterprises engaged in internet finance business that were not included in the first round of investigation, and make supplementary records and peripheral investigations.

(2) Clear key points and in-depth verification (before the end of September 20 16). For high-risk enterprises identified after comprehensive investigation, on-the-spot investigation shall be conducted through professional institutions such as law firms and accounting firms, and enterprise financial risk files shall be established. District governments should cooperate with each other and do a good job in related work.

(3) Implement policies according to classification and urge rectification (to be completed before the end of 201June). For the illegal institutions found in the clean-up and rectification, it is necessary to put forward rectification opinions in time and strengthen supervision and rectification. Follow? One enterprise and one policy? In principle, study and formulate different rectification opinions for specific problems. For minor violations, require rectification within a time limit; Those who refuse to rectify or violate the rules will be resolutely closed or banned according to the law; Suspected of committing a crime, the relevant clues will be handed over to the public security organs; The public security organ shall file a case for investigation according to law according to the verified or handed over clues of suspected crimes.

(4) Summarize and improve the system (2065438+before the end of March 2007). Members of the municipal leading group regularly report relevant work materials (including the current situation of the industry, relevant data, risks, outstanding problems and work measures, etc.). ) to the office of the municipal leading group, responsible for regularly summarizing and forming the work report on the special rectification action of Internet financial risks in this Municipality. All financial management departments should take this special rectification as an opportunity to sum up experience in time and provide support for relevant state departments to formulate rules and regulations in the field of internet finance; At the same time, it is necessary to strengthen the normal risk monitoring of Internet financial activities in combination with the actual situation, and establish a long-term mechanism for Internet financial risk management that integrates Internet financial supervision, financial risk management and control, and comprehensive social governance.

All districts, departments and units should attach great importance to the special rectification of Internet financial risks, effectively unify their thoughts and actions with the decision-making arrangements of the CPC Central Committee and the State Council and the work requirements of the municipal party committee and government, stand at the height of maintaining the security and stability of the capital, refine the division of responsibilities, clarify the key points of rectification, strengthen coordination and cooperation, conscientiously do a good job in special rectification, effectively encourage and protect truly valuable Internet financial innovation, and promote the sustained and healthy economic and social development of the capital. Actively publicize the advanced models and experiences of special rectification work; At the same time, problems such as not conscientiously performing their duties, not taking the initiative, and passing the buck should be corrected in time, and those who cause adverse effects and consequences should be seriously investigated for responsibility.