Shanghai Securities News:
I have two questions. My first question is about the debt-to-equity swap. Is there a target, for example, to make its scale grow to a trillion yuan? In addition, with regards to setting up institutes, have you drawn up some preconditions, or is the CBRC drafting specific regulations? Since the investment-loan linkage and the debt-to-equity are being promoted, will you revise the relevant articles on limiting investment from banks in the Law on Commercial Banks?
My second question is about illegal fundraising. Ezubao and the Fanya Metal Exchange in Kunming drew much public concern, mainly because the incidents happened without prior warning with blurred boundaries in terms of their legality. Did the CBRC ever consider how to solve this problem from an institutional perspective? The CBRC said in the past that it planned to hasten the unveiling of regulations on dealing with illegal fundraising. How is this progressing?
Guo Shuqing:
We answered your first question just now. There’s no preset target. The more than 400 billion yuan (US$) we mentioned was merely the face value of the deals we signed. The swap hasn't been fully completed. We will conduct detailed research about the accommodating regulations and will make them based on laws before piloting them. As for your question concerning illegal fundraising, Yang Jiacai will answer this question.
Yang Jiacai:
The question on illegal fundraising you asked just now did receive much public attention, since it was one of the diehard problems in China's economic and social development. The issue exposes every several years, especially when the economy goes downward. In the past two years, illegal fundraising was flagrant, causing serious harm. However, it's indeed difficult to spot such activities at an early stage. How we could identify them at an early stage when they haven't become full-fledged is a focus of our research.
Entrusted by the State Council, the CBRC heads the national inter-ministerial joint meeting on combating illegal fundraising. Dealing with illegal fundraising isn't the CBRC's statutory duty; we and other members of the joint meeting have come up with many measures.
Illegal fundraising is a process in which love becomes hatred, and the dallied becomes the forsaken. In the preliminary stage, people are bound by common interests, so that few will disclose it, although local governments all encourage such disclosure with incentives. But we didn't see many disclosures. Why? Because they share common interests from the beginning.
We are currently drafting an administrative act, the Regulation on Dealing with Illegal Fundraising. This regulation was drafted by members of the joint meeting and has taken into consideration opinions from all provincial governments as well as from all ministries. We submitted the draft to the Legislative Affairs Office of the State Council last July, which in turn, conducted in-depth research while extensively collecting the opinions of ministries and local governments. The regulation is now being perfected by the Legislative Affairs Office, which is actively seeking its promulgation.
Second, who will be the enforcement agency? Now there's no authorized law enforcement institution for the cracking down on illegal fundraising, so we need such an administrative law enforcement department. Currently, local governments’ handling of illegal fundraising is usually a responsibility by local financial offices.
The office was called the Bureau of Financial Supervision when Guo Shuqing was working in Shandong. Such an agency existed at all levels of government. In each city, there was a vice mayor especially in charge of financial affairs. Therefore, there was fewer illegal fundraising in Shandong than elsewhere.
Another issue is that we should make clear the legal liabilities of the people involved in illegal fundraising. Usually, illegal fundraising involve three subjects, namely, the initiators, the assistants and the participants. It's important to make clear what liabilities these three subjects will take.
For example, if we disclose a cheater and warn you off him, you ignore the warning. In the end, when you break up, you start to call yourself a victim and want to find trouble with the government. This may not make sense. Moreover, we will make clear and standardize the procedure, methods and approaches. The regulation, when it is promulgated, will be of great help in dealing with illegal fundraising. Thank you.
Wang Zhaoxing:
With regards to the debt-to-equity swap, this time it features no set requirement with regard to its scale, goal or progress. Parties involved will take fully independent ways to carry this out, like dating and marriage – completely independent, self-governing and free. The government won’t interfere in the issue, just as there is no arranged marriage.
Guo Shuqing:
Not even a match-making agency.
Wang Zhaoxing: This is a reorganization plan formed by all parties based on negotiation for the best or at least better results.