Laws of the People's Republic of China

The Ministry of Finance

Circular of the Ministry of Finance on Distributing the Interim Measures for Accounting Process of Taking up Businesses Related to Financing of Receivable Creditor's Rights between Enterprises and Financial Organizations like Banks

CaiKuai [2003] No. 14

May 15, 2003

Financial Offices (Bureaus) of Provinces, autonomous regions, municipalities directly under the Central Government and municipalities separately listed on the State plan, relevant ministries and commissions of the State Council and relevant enterprises:

In order to regulate the accounting process of financing businesses between enterprises and financial organizations like banks, Interim Measures for Accounting Process of Taking up Businesses Related to Financing of Receivable Creditor's Rights between Enterprises and Financial Organizations like Banks has been printed and now is distributed to you. Please do comply with it. Please feed back the problems presented in the implementation to the Ministry of Finance as soon as possible.

Attachment: Interim Measures for Accounting Process of Taking up Businesses Related to Financing of Receivable Creditor's Rights between Enterprises and Financial Organizations like Banks is enclosed Attachment:Interim Measures for Accounting Process of Taking up Businesses Related to Financing of Receivable Creditor's Rights between Enterprises and Financial Organizations like Banks

To regulate the accounting process of financial businesses between enterprises and financial organizations like banks, provisions on accounting process of associated businesses are enacted herein:

I.

The accounting principles of financing of receivable creditor's rights

Enterprises sell to financial organizations like banks receivable creditor's rights generating from sale contracts for providing services. The principle that quality overweighs form should be taken into account for accounting, the economic nature of business being fully considered. The selling of receivable creditor's rights is valid and related profit and loss must be confirmed when there is clear-cut evidence seeing associated dealing actually meets the requirements of confirming sale. For instance, when the risk and payment related to receivable creditor's rights in effect has been transferred. Otherwise, it should be regarded as the loan with a pledge of receivable creditor's rights and correspondent accounting treatment should be complied with.

II.

Accounting treatments of the loan with a pledge of receivable creditor's rights

If enterprises give banks receivable creditor's rights generating from sale contracts for providing services as a pledge for the loan, the risk and payment associated with receivable creditor's rights are not transferred. Under this circumstance, it is still the enterprise that owns receivable creditor's rights and it is responsible for gathering payment from customers and bears the possible risks of receivable creditor's rights. Meanwhile, the enterprise should regularly pay the loan as well as its interest back to the financial organizations like banks.

When the loan is obtained with a pledge of receivable creditor's rights, the enterprise should debit the received payment against the item of bank account, the actually paying commission charge against the item of financial expense and credit the principles and interest to items of short-term loan etc.

When receiving the payment from customers, the enterprise should debit the payment against the items such as cash and bank account and credit to the item of receivable account.

As for the interest of loan generating in the enterprise and the accounting treatments of the principles and interest of the loan paid by the enterprise to financial organizations like banks, the associated regulations of loan in Enterprise Accounting System should be complied with.

Since the above-mentioned risk and payment related to receivable creditor's rights as a pledge do not change substantially, the enterprise should consider the situation of the debtor and reasonably withdraw bad debt reserves of receivable creditor's rights as the pledge in accordance with the provisions in Enterprise Accounting System. The selling withdrawal, selling discount and bad debt associated with receivable creditor's rights as the pledge should be dealt with in accordance with the provisions in Enterprise Accounting System.

The enterprise should have record books for future reference. All the issues such as account value, pledge term and payment of receivable creditor's rights as the pledge should be particularly recorded.

III.

Accounting treatment related to the selling of receivable creditor's rights.

(I)

Accounting treatments concerning the selling of receivable creditor's rights un-attached right of recourse

Enterprises sell to financial organizations like banks receivable creditor's rights generating from sale contracts for providing services. If no right of recourse is validly mentioned in the contract signed between the enterprises, debtors and banks, that is to say, financial organizations are not entitled to seek for compensation from the enterprise that sold receivable creditor's rights when the withdrawal of the creditor's receivables cannot be fulfilled at term, the risk in the selling of receivable creditor's rights is totally undertaken by financial organizations like banks. Under that circumstance, the accounting treatment should comply with the following provisions.

An enterprise should, in accordance with the contract signed between the enterprise and a financial organization like bank, debit the received amount against the item of bank account, the predicted sum of selling withdrawal and selling discount (including cash discount, the same below) presented in the contract against the item of other account receivables, the withdrawn bad debt reserve of receivable creditor's rights against the item of bad debt reserve, the amount of related due commission charge against the item of financial expense, and credit the account value of selling receivable creditor's rights to the item of account receivables while debit the balance against the item of extra expense---the financing loss of receivable creditor's rights or credit the item of extra income---the financial proceeds of receivable creditor's rights.

When the practically-generating selling withdrawal and selling discount associated with the selling of receivable creditor's rights equals to the amount that have been booked in the item of other receivables, the enterprise should debit the practical amounts of selling withdrawal and selling discount against the items such as major business income (cash discount should be debit against the item of financial expense, the same below), value-added tax which can be reduces or charged against the item of paying tax---paying value-added tax (sale tax ) and credit the predicted selling withdrawal and selling discount associated with the sold creditor's rights of receivables that have been booked in the item of other account receivables to the item of other receivables. If there is balance between the amounts of selling withdrawal and selling discount that practically generated and are related to receivable creditor's rights as well as the amounts booked in the item of other account receivables, the accounting treatments should be adopted in accordance with the above provisions. What's more, the amounts of selling withdrawal and selling discount paid to the financial organizations like banks as the counterbalance should be booked in the items such as other account receivables or bank account and the amounts of selling withdrawal and selling discount obtained from the financial organizations like banks should be booked in the items like other account receivables or bank account.

The provisions in Enterprise Accounting System and other related rules of accounting should be complied with when the above selling withdrawal and selling discount of the enterprise belong to the future item in balance sheet.

(II)

Accounting treatments related to the selling of receivable creditor's rights attached right of recourse

If right of recourse is validly mentioned in the selling process of receivable creditor's rights, that is, financial organizations have the right to seek for compensation from the enterprise that sold receivable creditor's rights or the enterprise is obliged to buy back from the financial organizations like banks a portion of receivable creditor's rights at an agreed price in accordance with the agreement when the withdrawal of the creditor's receivables cannot be fulfilled at term, the risk in the selling of receivable creditor's rights is totally undertaken by the enterprise that sold receivable creditor's rights. Under that circumstance, the accounting treatment about the loan obtained with the pledge of receivable creditor's rights in the provision should be complied with.

IV.

Accounting treatments on discount of receivable creditor's rights

According to the agreement signed between an enterprise and a financial organization like a bank, if the discount of receivable creditor's rights is actually in effect, its accounting treatment should comply with the relevant provisions on the discount of notes receivable in Enterprise Accounting System.

V.

The exposure of the selling and financing businesses based on receivable creditor's rights

An enterprise should expose the details of these businesses in the annotations of the accounting report forms if the above-mentioned businesses such as selling business and financing business are based on receivable creditor's rights. The details include:

(I)

The main contents of the selling and financing agreements signed between the enterprise and the financial organization like a bank.

(II)

The basic situations of receivable creditor's rights concerning the selling and financing business, including amount, term, and distilled bad debt reserve.

(III)

The details of the loan obtained with receivable creditor's rights as the pledge, such as the amount of the loan, interest rate, term, the account value of receivable creditor's rights as the pledge and etc.

(IV)

The amounts of current net profit and loss influenced by the selling of receivable creditor's rights

(V)

The account value, the received amounts after discount and the discount term of the discounted creditor's rights of receivables.