上海凤凰: 上海凤凰对外担保业务内部控制制度

Core Viewpoint - The document outlines the internal control system for external guarantee business of Shanghai Phoenix Enterprise (Group) Co., Ltd, aiming to standardize external guarantee behavior, prevent risks, and protect investors' rights [1]. Group 1: General Principles - The company must establish an effective internal control system to strictly manage debt risks arising from external guarantees and fulfill the necessary review and disclosure obligations [1][2]. - External guarantees must adhere to principles of legality, prudence, mutual benefit, and safety [2]. Group 2: Responsibilities and Approval - The Board of Directors authorizes the financial management department to operate external guarantee business, ensuring separation of incompatible positions for oversight [3]. - Guarantees exceeding 10% of the latest audited net assets or 50% of total external guarantees must be approved by the Board and shareholders [4]. Group 3: Types and Conditions of Guarantees - The company can provide specified types of guarantees, including those for working capital and guarantees for subsidiaries [18]. - A comprehensive assessment of the credit status and financial health of the guaranteed entities is required before providing guarantees [20]. Group 4: Guarantee Review and Decision-Making - The financial management department is responsible for reviewing external guarantees, requiring documentation such as business licenses and financial statements [23][25]. - Decisions on guarantees must follow the company's articles of association and be recorded properly, with conflicts of interest being avoided [27][28]. Group 5: Execution and Monitoring - The financial management department must ensure compliance with contract terms and monitor the financial risks of guaranteed entities [31][36]. - Any changes in the guarantee conditions must undergo a new review and decision-making process [29]. Group 6: Accountability and Compliance - The Board of Directors and senior management are accountable for risks associated with external guarantees and must take corrective actions for any violations [40][42]. - Any irregular guarantee behavior must be disclosed promptly, and measures should be taken to mitigate losses [44].