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银发[2002]128号中国人民银行各分行、营业管理部,总行直接监管的信托投资公司: 《信托投资公司管理办法》(以下简称《办法》)已经中国人民银行2002年第5号令发布。各信托投资公司在《办法》实施前办理的业务(以下简称原有业务)应按照本通知的有关要求进行清理和规范。现通知如下: 一、信托投资公司在《办法》实施前已经办理的各项业务中符合《办法》要求的,可以继续办理;不符合《办法》要求的,应压缩、清理。国务院另有规定的,按有关规定办理。二、信托投资公司在重新登记前,原有的委托投资、委托贷款业务,经与当事人协商一致,原则上应规范为信托业务。三、信托投资公司原有的以负债资金办理的信托贷款、信托投资、融资租赁、资金拆放及其他资金运用业务,应当进行清理。四、信托投资公司原有拆人资金或者为他人提供担保余额不符合《办法》第四十八条规定的,不得办理新的资金拆入或者担保业务,同时,超过《办法》第四十八条规定的部分,应予清理。五、信托投资公司应当制订切实可行的清理规范计划,并建立贷款、投资的清收责任制。已经确认的呆坏账和投资损失,应按照有关规定予以核销。信托投资公司在清理规范期间应当每半年向中国人民银行监管行报告上述计划的执行情况。六、信托投资公司在清理规范期间,应当对原有业务单独列表、单独考核。七、中国人民银行对信托投资公司的原有业务按照余额控制、逐年压缩的原则进行监督、考核,并据此对信托投资公司及其高级管理人员进行检查和考核。八、上述清理与规范工作应于2004年1月底前全部完成。信托投资公司未按规定的期限
Yinfa [2002] No. 128 People’s Bank of China branches, business management department and head office directly supervise the trust and investment company: The Administrative Measures of Trust and Investment Company (hereinafter referred to as the “Measures”) has been promulgated by Order No. 5 of 2002 of the People’s Bank of China. The business (hereinafter referred to as the original business) handled by the trust and investment company before the implementation of the Measures shall be cleared and regulated in accordance with the relevant requirements of this circular. It is hereby notified as follows: 1. In the businesses that the trust and investment company has already handled before the implementation of the Measures, those that meet the requirements of the Measures may continue to handle the cases. Those who do not meet the requirements of the Measures should be compressed and cleaned up. If otherwise prescribed by the State Council, it shall be handled in accordance with the relevant provisions. Second, the trust investment company before re-registration, the original commissioned investment, commissioned by the loan business, after consultation with the parties, in principle, should be standardized for the trust business. III. The original trust and investment company’s trust loans, trust investment, financial leasing, capital disbursement and other funds utilization businesses handled with liabilities funds should be liquidated. IV. If the trust and investment company originally dismantled funds or offered the balance of guarantee for others does not conform to the provisions of Article 48 of the Measures, it may not handle new business of capital disbursement or guarantee and at the same time, exceed the stipulations of Article 48 The provisions of Article shall be cleared. V. Trust and Investment Companies shall formulate feasible and feasible plans for liquidation of norms and establish a responsibility system for the collection of loans and investments. The confirmed bad debt and investment losses shall be written off in accordance with relevant regulations. The trust and investment company shall report the implementation of the above plan to the supervisory bank of the People’s Bank of China every six months during the clean-up of the regulations. Sixth, the trust and investment companies in the clean-up period, it should be a separate list of the original business, a separate assessment. 7. The People’s Bank of China supervises and evaluates the original businesses of the trust and investment company according to the principle of balance control and year-on-year reduction, and conducts inspections and assessments of the trust and investment company and its senior management personnel accordingly. Eight, the above clean-up and normative work should be completed by the end of January 2004. Trust and Investment Company failed to set the deadline