Measures for the Administration of the Risk Compensation Fund for Intellectual Property Pledge Financing in Dalian Jinpu New Area
2023-07-10 00:00

Chapter 1  General
Article 1  In order to standardize and strengthen the management of the Risk Compensation Fund for Intellectual Property Pledge Financing (hereinafter referred to as the "Risk Compensation Fund") in Jinpu New Area, give full play to the guiding and incentive effect of financial funds, improve the risk sharing and compensation mechanism for intellectual property pledge financing, and promote the effective integration of intellectual property rights, finance and industry, the Risk Compensation Fund has been established in accordance with the provisions of the Law of the People's Republic of China on the Revision of the Intellectual Property Rights of the Province of Liaoning Province. ; Liaoning Provincial Intellectual Property Pledge Financing Risk Compensation Fund Management Measures> Notice" (Liao Zhifa [2022] No. 7), "on the establishment of the establishment of Dalian City to set up intellectual property pledge financing risk compensation fund notice" (Dazhifa [2018] No. 2) of the relevant provisions of the new district, combined with the actual development of the measures.
Article 2 The risk compensation fund referred to in these Measures refers to the fund jointly composed of the guidance funds allocated to Dalian City by the central government and the supporting funds of the local government, which is specifically used to compensate for the risk losses incurred by the cooperative banks in carrying out the intellectual property pledge financing services to the enterprises in accordance with the agreed ratio.
Article 3 . Risk compensation fund in accordance with the government guidance, market operation, standardized management, risk prevention principle of management. The main purpose of the fund for the establishment of risk compensation fund pool, on behalf of the compensation banks, insurance, financial guarantee institutions to carry out enterprise intellectual property rights pledge financing part of the principal loss. The Fund provides risk compensation for the loan principal of pure intellectual property pledges (referring to loans obtained entirely by intellectual property pledges) and the loan principal of the part of combined pledges that clearly belongs to the pledge of intellectual property assets, as well as subsidizes the cost of enterprise financing.
Article 4  The enterprise referred to in these measures refers to the enterprise registered in the administrative area of Jinpu New Area, with independent legal personality and engaged in production and operation, in line with the industrial policy of Dalian City and the direction of development, and continued research and development, production and service enterprises.
Article 5  Intellectual property rights financing referred to in these measures refers to the use of intellectual property rights, including patents, trademarks, copyrights and other intellectual property rights to pledge to obtain bank credit funding financing model.
Article 6  The amount of intellectual property rights loan supported by the risk compensation fund for the same enterprise in one year shall not exceed 5 million yuan, and the cumulative amount shall not exceed 6 million yuan, and the loan period shall not exceed one year. The risk compensation fund is limited to its total amount of risk compensation with limited liability.
Article 7  Risk compensation fund shall be in the form of special funds selected in the cooperative bank to open a special deposit account, dedicated, independent accounting. Subsequent annual survival can be based on the comprehensive evaluation of the cooperative bank to implement dynamic adjustment.
Article VIII  Risk Compensation Fund generated interest income, rolled over to the special account of the Risk Compensation Fund, used to expand the size of the Risk Compensation Fund.
Article IX  Risk Compensation Fund in the expiration of this approach and fulfill the relevant risk compensation responsibilities or terminate the establishment of the relevant provisions of the Risk Compensation Fund after the balance of the stock is disposed of in accordance with relevant regulations.
Chapter II Cooperation Mode
Article 10 The Intellectual Property Office of the New District is responsible for organizing the selection of cooperative banks, and the public announcement. The cooperative bank shall introduce innovative financial products in line with the law of intellectual property pledge financing, and guide and support enterprises to obtain the required funds through intellectual property pledge financing. If the cooperative bank does not carry out IPR pledge financing business within one year, the IPR Office of the new district may terminate the cooperative relationship with it.
Article 11 Risk compensation fund operation mode. The risk compensation fund, banks, guarantees (insurance) and other parties shall establish a risk-sharing mechanism, and the loss of principal arising from the intellectual property pledge loans supported by the risk compensation fund shall be shared by the risk compensation fund at a ratio of not more than 40% after determination, and the rest shall be shared by the cooperative banks or cooperative banks and other cooperative financial institutions in accordance with the cooperation agreement signed by the cooperative banks, and the ratio of the bank's share shall not be lower than that of the risk compensation fund, in principle, and the details shall be determined by the cooperation agreement. In principle, the bank's share shall not be less than that of the risk compensation fund, and the details shall be subject to the cooperation agreement.
Article 12 Establishment of "white list" of enterprises in need of intellectual property pledge financing. According to the financing needs of enterprises under the jurisdiction of the New District Intellectual Property Office, the New District Intellectual Property Office shall organize enterprises with pledge financing needs under the jurisdiction from time to time to apply for filing with the New District Intellectual Property Office, and after the assessment of the qualifications of the enterprises and the intellectual property rights used for pledge by experts, the enterprises shall enter the "white list" and be eligible for the support of the Risk Compensation Fund. The "white list" is subject to a dynamic adjustment mechanism and is only used as a reference for credit granting by cooperative banks.
Article 13 The cooperative banks will assess the value of intellectual property rights of the enterprises with pledge needs in the "white list" and independently carry out the preliminary examination, issuance and post-loan management of the loans. Cooperative banks are obliged to provide good enterprise financing services, improve management effectiveness and prevent credit risks.
Chapter III  Risk Compensation
Article XIV  intellectual property rights pledge loan overdue, and confirmed credit losses, cooperative banks shall, within five days of the Intellectual Property Office of the new district, the Finance Bureau to submit the relevant information and risk loss compensation application. And put forward risk loss compensation application, risk compensation fund should bear the loss compensation is approved and confirmed, according to the provisions of the fund transfer procedures, from the risk compensation fund special account.
Article 15 . In the event of overdue loans to enterprises, cooperative banks in accordance with the law and timely recovery of claims, recovery of funds recovered according to the proportion of risk borne by all parties to return. The loss of loan principal that really can not be recovered, in accordance with the procedures for review and confirmation, the risk compensation fund according to the risk compensation ratio payout. Loan interest losses and debt recovery costs are borne by the cooperative banks themselves. If the cooperative bank needs to file a lawsuit or arbitration, it should inform the New District Intellectual Property Office and the Finance Bureau in writing in advance.
Article 16 . When the overdue rate of intellectual property pledge financing loans supported by the risk compensation fund (total amount of overdue loans/cumulative amount of loans issued) reaches 30% (including 30%), the new risk compensation business shall be suspended immediately. The Intellectual Property Office and the Finance Bureau of the New Area will consult with the cooperative banks on countermeasures, improve the risk management system, and resume the risk compensation business after the risk has been effectively controlled. During the suspension period, the loan business that has been carried out but not yet settled shall fulfill the risk sharing responsibility in accordance with the agreement of cooperation.
Chapter IV  Financing Subsidies
Article 17  In order to reduce the cost of enterprise financing, the Risk Compensation Fund can subsidize the insurance premiums and guarantee fees of the enterprises obtaining intellectual property rights pledge financing. According to the financing amount corresponding to the pledged intellectual property rights, the risk compensation fund will give the financing enterprises not more than 0.5% of the loan amount of financing subsidies, the specific amount of subsidies to the actual costs incurred in the payment shall prevail, the subsidy period does not exceed 2 years.
Article 18  The financing subsidy is limited to the intellectual property pledge financing project supported by the risk compensation fund, and will be subsidized after the completion of the repayment. The same intellectual property pledge financing project cannot enjoy the same type of financial subsidy repeatedly.
Article 19 The Intellectual Property Office of the New District shall, according to the actual work, organize the declaration, examination and issuance of intellectual property pledge financing subsidies.
Chapter V  Supervision and Management
Article 20  The Intellectual Property Office of the new district, the Finance Bureau and the cooperative banks and other units shall establish a mechanism for information communication and management coordination, strengthen supervision and inspection, and effective control of risk. New District Intellectual Property Office can commission an accounting firm on the use of risk compensation funds allocated for review, can also be entrusted to the audit department for audit.
Article 21 The risk compensation fund must be earmarked for specific purposes, and it is prohibited for any department or unit to retain, squeeze or misappropriate. For fraud, misappropriation of risk compensation fund and other behavior, in addition to the relevant provisions of the recovery of the relevant funds, and investigate the relevant units and related personnel of legal responsibility.
Article 22 Cooperative banks shall report to the Intellectual Property Office of the New District and the Finance Bureau within the last 10 working days of each quarter on the situation of intellectual property rights pledged loans to enterprises in the previous quarter.
Article 23  For enterprises with overdue loans, the eligibility to apply for loans from the Risk Compensation Fund shall be suspended until the due diligence of the cooperating banks has been passed before resumption. For enterprises that maliciously fail to make repayments when due, their eligibility to apply for loans from the Risk Compensation Fund will be canceled.
Article 24  For the related business to carry out less or loan overdue, not according to the relevant cooperation agreement to carry out business, fraud, do not cooperate with the relevant work or conspire with the enterprise to fraudulent loans, set off the risk of compensation fund of the cooperative institutions, once verified, the New District Intellectual Property Office in accordance with the law to recover the risk of compensation fund, cancel the qualification of cooperation. The IP Office of the new zone will recover the risk compensation fund, cancel the qualification of cooperation, and pursue its responsibility for breach of contract.
Chapter 6  Supplementary Provisions
Article 25  These Measures shall be interpreted by the Intellectual Property Office of the New District and the Finance Bureau.
Article 26  These Measures shall be implemented on August 5, 2023 and shall be valid for five years.

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