Firstly, engaging in the microlending business requires a special license. In accordance with the Interim Measures for Supervision and Administration of Microloan Companies promulgated by NFRA in 2024, a microlending company engaging in microlending business shall obtain the approval of the provincial-level NFRA. The microlending company shall only carry out all or part of the following business: (i) issuance of micro-lending; (ii) acceptance and discounting of commercial bills; and other businesses as prescribed by laws and administrative regulations and as approved by NFRA, and shall not issue or act as an agent in the sale of financial products such as wealth management products, trusts, or funds, and shall not purchase financial products other than fixed-income securities, In additional to the nationwide regulations promulgated by NFRA, local NFRAs have established more detailed requirements for the incorporation of a microlending company. For example, in Beijing, the registered capital of a microlending company shall not be less than RMB 100 million (equivalent to approximately USD13.94 million or EUR11.89 million), which must be fully paid up in a single installment. The legal person shareholder of a microlending company shall be in sound financial condition, have recorded profits in each of the two most recent fiscal years, and shall not have an equity investment balance exceeding 50% of its net assets. The Individual shareholder of a microlending company shall has an average annual income of no less than RMB 400,000 (equivalent to approximately USD5,5760 or EUR47,576) over the past three years or household net financial assets of no less than RMB 3 million (equivalent to approximately USD418,200 or EUR356,821), with tax records consistent with their income or asset situation.
Secondly, engaging in the factoring business requires a special license. The applicants for factoring should check the local rules to get knowledge of the market access requirements. Generally speaking, such rules will include the financial requirements. For example, in Beijing, the initial paid-in registered capital for a proposed factoring company shall be not less than RMB100 million (equivalent to approximately USD13.94 million or EUR11.89 million), and its shareholder shall be profitable for the latest two consecutive accounting years and have a net asset not less than twice of the amount of capital contribution at the end of the latest year.
Last, dealing of the non-performing assets requires a financial asset management license (AMC license). The market access requirements for the AMC license are quite strict, including (i) the provincial government will in principle only establish/authorise one (1) local AMC company to engage in the batch acquisition and disposal of non-performing assets of financial enterprises within the scope of the province; (ii) the minimum paid-in registered capital shall be RMB10 billion (equivalent to approximately USD1394 million or EUR1189.4 million).
Additional comments regarding the legal situation for loan-giving-, factoring-, brokerage, finetrading-, and ancillary services or what FinTech’s must be aware of in this business area
Coupled with the clean-up of the P2P platforms, CBIRC (already replaced by NFRA) has issued the Strengthening the Supervision and Administration of Microlending Companies