Since last year, the China Banking and Insurance Regulatory Commission has "exposed" 66 shareholders with major violations of laws and regulations, "preparing or providing false materials", etc., becoming a high incidence area for violations of laws and regulations
Our reporter Liu Qi
In recent years, the China Banking and Insurance Regulatory Commission has continuously strengthened the supervision of shareholder equity in bancassurance institutions, and has continuously and systematically improved corporate governance in my country’s banking and insurance industry.
On May 14, the China Banking and Insurance Regulatory Commission announced that in 2020, it will conduct the first corporate governance evaluation covering all commercial banks and insurance companies, carry out in-depth special rectification of bancassurance institutions’ equity and related-party transactions, and severely rectify false capital and equity holdings. , Shareholders directly interfere with the company’s operations and transfer interests through improper connected transactions, and other illegal activities, and disclosed to the public the major illegal shareholders of bancassurance institutions in two batches, which has played a good effect of strict market discipline and strengthened market supervision.
In order to further strengthen the warning education and do a good job in normalizing the disclosure of major illegal shareholders, on May 14, the China Banking and Insurance Regulatory Commission announced the third batch of 19 major illegal shareholders, including China-Singapore General Investment Holding Group Co., Ltd. and Jiangsu Decoration Engineering Group Co., Ltd. etc.
According to the "Securities Daily" reporter statistics, plus the first two batches of major illegal shareholders, the China Banking and Insurance Regulatory Commission has "named" 66 companies and individuals.
The China Banking and Insurance Regulatory Commission pointed out that this disclosure adheres to the principle of compliance with laws and regulations, combined with the recent law enforcement situation, and resolutely disclose to shareholders with serious violations of laws and regulations and severe social impact.
The illegal behaviors of shareholders in this announcement mainly include: First, the source of the equity funds does not meet the regulatory requirements; Second, there are illegal and criminal activities involving gangs and crimes; Third, the preparation and provision of false materials; Fourth, the illegal occupation of the trust by shareholders and their related parties The company’s inherent funds or trust funds; fifth, refusal to make rectifications in accordance with regulatory opinions, and fail to cooperate with the regulatory authorities to carry out risk disposal; sixth, the equity held in violation of regulations is pledged for financing.
"Securities Daily" reporters inquired about the first two batches of major illegal shareholders' information disclosed by the China Banking and Insurance Regulatory Commission. It is shown that on July 4 last year, the China Banking Regulatory Commission published the list of major illegal shareholders of bancassurance institutions for the first time, involving 38 companies.
The announced violations of laws and regulations by shareholders mainly include: first, conducting related party transactions in violation of regulations or seeking improper benefits; second, compiling or providing false materials; third, related shareholders holding more than a certain proportion of shares without administrative permission; fourth, the source of the capital for the shareholding is not consistent Regulations; Fifth, the shareholding of a single shareholder exceeds the limit of the supervisory ratio; Sixth, the actual controller has illegal and criminal activities involving gangs and crimes.
On December 11 last year, the China Banking and Insurance Regulatory Commission published the second batch of shareholders who violated major laws and regulations, involving 9 companies.
The illegal activities of shareholders in this announcement mainly include: First, the source of the capital for the shareholding does not meet the regulatory requirements; Second, the preparation and provision of false materials; Third, the related-party shareholding exceeds the regulatory limit; Fourth, the illegal related-party transactions or the seeking of improper benefits; It is the shareholders or actual controllers who have committed crimes involving gangs and crimes. Sixth, they have obtained administrative licenses by improper means.
Judging from the major violations of the laws and regulations announced in these three batches, "the source of funds for the shareholding does not meet the regulatory requirements", "the preparation or provision of false materials", and "the existence of criminal acts involving gangs and crimes" are multiple violations of laws and regulations. The three batches of information have been published. Both are involved.
In an interview with a reporter from the Securities Daily, Bai Shuhai, a partner of Shanghai Shenhao Law Firm, believes that the China Banking and Insurance Regulatory Commission’s disclosure of the list of illegal shareholders is a manifestation of the implementation of supervisory responsibilities by financial supervisory institutions. The determination of chaos.
The public list has released a signal of strict supervision, which will make banks and insurance financial institutions pay more attention to prudential obligations to a certain extent.
This measure has increased the illegal costs for shareholders of banks and insurance institutions, and has served as a warning to some criminals who try to use the special status of shareholders to seek improper benefits.
The China Banking and Insurance Regulatory Commission stated that the next step will be to strengthen the supervision of shareholder behavior and the rectification of illegal connected transactions, insist on combating illegal activities as the focus of supervision, continue to clean up illegal shareholders, consolidate the equity management responsibilities of bancassurance institutions, implement the shareholder commitment system, and promote Shareholders perform their obligations in accordance with the law and regulate the exercise of rights.
At the same time, continue to innovate equity supervision methods, strengthen the construction of supervisory information systems such as corporate governance, shareholder equity, and related transactions, and improve the level of supervisory informationization and the effectiveness of corporate governance of bancassurance institutions.