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Shared automobile operators do not collect user deposits in principle

2019-5-16 14:05| 发布者: admin| 查看: 264| 评论: 0|来自: 四川耍耍网
摘要: In order to promote the healthy development of the new transport industry, strengthen the management of user deposits and prepaid funds, and protect the legitimate rights and interests of users, the M ...
In order to promote the healthy development of the new transport industry, strengthen the management of user deposits and prepaid funds, and protect the legitimate rights and interests of users, the Ministry of Transport, the People's Bank of China, the State Development and Reform Commission, the Ministry of Public Security, the General Administration of Market Supervision and the Banking Insurance Regulatory Commission jointly issued the "Measures for the Management of User Funds in the New Transport Industry (Trial)" (Transport Regulation No. 2019, hereinafter referred to as "Transport Regulations").《 Management Measures).



In recent years, new forms of transportation such as network reservation taxi, time-sharing car rental (commonly known as "shared car") and Internet rental bicycle (commonly known as "shared bicycle") have sprung up and developed rapidly in China, providing multi-level and diversified travel services for the public, improving passenger travel experience, and playing an active role in promoting the transformation of new and old momentum of economic development. Effect. But at the same time, there are also some problems, such as the weak sense of responsibility of operating enterprises, the failure to implement the requirements of user funds management, etc. The risk of user funds security is prominent, which damages the legitimate rights and interests of users. The promulgation of "Management Measures" is of positive significance to guard against users'financial risks from the source, strengthen the protection of users' rights and interests, and promote the healthy and stable development of new forms of transportation.



There are 5 chapters and 27 articles in the Administrative Measures, which specify the collection of user funds, the opening of special deposit accounts, and the establishment of a joint working mechanism to strengthen supervision.



For the collection of user funds, the "Measures for Management" proposes that the operating enterprises do not collect user deposits in principle, and if it is really necessary to collect them, they should provide users with two kinds of deposit and deposit modes, i.e. special deposit account for the operating enterprises and personal bank settlement account for users, for their choice. At the same time, in order to reduce the loss of personal funds, the user's deposit and pre-paid funds are limited.



In order to ensure the safety of user funds, the Management Measures require the operating enterprises to open special deposit accounts with the registered banks, sign relevant agreements with the banks, and deposit user funds in accordance with the requirements of user funds management. The special deposit account for deposit can only handle the business of refunding deposit, deducting compensation and drawing and paying interest. Prepaid funds establish a reserve system, requiring that the retained funds of special deposit account for prepaid funds shall not be less than 40% of the balance of prepaid funds of the operating enterprises, and that part of the prepaid funds withdrawable can only be used for the main business of the operating enterprises related to serving users, and not for the investment and borrowing of real estate, equity, securities, bonds, etc.


In order to strengthen the supervision of users'funds, the Administrative Measures specify the division of duties and responsibilities of relevant departments and units, such as the administrative departments of the new territorial transport industry, branches of the People's Bank of China, development and reform, market supervision, local offices of the Banking and Insurance Regulatory Commission, consumer associations (committees), and so on. They require the registration of operating enterprises to implement territorial responsibilities, establish a joint working mechanism and ensure effective insurance. Guarantee the safety of user funds. For the operation enterprises that fail to fulfill the requirements of user funds management according to the regulations, the "Management Measures" put forward relevant treatment measures.



The Administrative Measures shall come into force on June 1, 2019. At the same time, considering that it takes some time for the operation enterprises to open special deposit accounts and realize the information system docking with the relevant banks, a six-month transition period has been set up for the management of the stock user funds.

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