Administration of the Establishment of Same City Service Points by Commercial Banks Measures

The term "Self-service Banks" means self-service facilities that provide financial services such as deposits, loans, withdrawals, account transfers, money exchange and inquiries by technical means such as computers and means of communications, e.g. automated teller machines (ATM) and cash deposit machines (CDM), established by commercial banks away from their business premises. Self-service Banks include two kinds: Self-service Banks that have independent business premises and provide the above-mentioned financial services, and automated teller machines (ATM) that do not have independent business premises and merely provide withdrawal, account transfer and inquiry services.

Article 4: The People's Bank of China examines and approves same city service points according to the principles set forth below:

(1) rational distribution and an appropriate level of competition;

(2) suitability for the level of development of the local banking sector and business situation; and

(3) satisfaction of the local community's demand for banking services.

Article 5: The establishment of a Same City Sub-branch by a commercial bank shall meet the following conditions:

(1) an office at or above the level of a branch (or an office managed as a branch) is maintained in the locality, it has been formally in business for at least one year and its asset quality is good;

(2) the sub-branches already established in the locality have relatively strong internal control capabilities and they have not committed any serious violation of laws or regulations, or had any serious cases arising from disorganized internal management, during the past year;

(3) it has qualified senior management personnel and business personnel;

the senior management personnel engaged by commercial banks shall meet the requirements of the People's Bank of China in terms of the qualifications for their positions, and each Same City Sub-branch shall have at least two senior management employees;

(4) it has qualified business premises, security measures and other business-related facilities; and

(5) other conditions specified by the People's Bank of China.

Article 6: The operating funds for the establishment of a Same City Sub-branch may not be less than Rmb10 million or the equivalent in a freely convertible currency.

The operating funds for the establishment of a Same City Sub-branch shall be allocated by the head office or a branch of the commercial bank. If the operating funds are allocated by the head office, the amount allocated shall be within the amount of capital that head offices are permitted to allocate, i.e. within 60% of the head office's capital. If the operating funds are allocated by a branch, the aggregate amount of operating funds allocated to Same City Sub-branches may not exceed 60% of the branch's operating funds.

The aggregate amount of operating funds allocated to Same City Sub-branches by a branch of a foreign bank may not exceed 60% of the branch's available operating funds. The term "available operating funds" means the balance of funds remaining after a 30% deduction for interest-bearing assets.

Article 7: The applicant for establishment of a Same City Sub-branch may be the commercial bank's head office or a branch authorized thereby (the Applicant).

Article 8: Same City service points shall be subject to examination and approval by a branch (business management office) of the People's Bank of China or a central sub-branch of the People's Bank of China authorized by such a branch (business management office) (the Approving PBOC Branch).

Article 9: The establishment of a Same City Business Branch shall be carried out in two stages: preparation of establishment and commencement of business.

Article 10: When applying for preparation of the establishment of a Same City Sub-branch, the Applicant shall submit the following materials to the Approving PBOC Branch:

(1) the approval document from the commercial bank's head office;

(2) the application for the preparation of establishment, which shall specify the name, location, amount of operating funds, scope of business, etc. of the proposed Same City Sub-branch of the commercial bank;

(3) a feasibility study, which shall include matters such as the basic particulars of the Applicant, an analysis of the market prospects of the proposed office, the development plan for the future business of the proposed office, the organization and management framework of the proposed office, etc.;

(4) the Applicant's financial report for the last year;

(5) the names of the persons involved in the preparation of establishment and the r¨¦sum¨¦s of the main persons in charge;

(6) details of the operation and management of new offices established during the past year; and

(7) other documents and materials that the People's Bank of China requires to be submitted.

Article 11: The Approving PBOC Branch shall reply to the Applicant in writing within three months of the date on which it has received all the materials required for the application for preparation of establishment. If the application is not approved, the Applicant may not make the same application within six months of the date on which it received the reply from the Approving PBOC Branch.

Article 12: Within any one city, a commercial bank may apply for the establishment of only one Same City Sub-branch at a time. The Applicant may apply for the establishment of another Same City Sub-branch only after (i) it has received an official reply disapproving the preparation of establishment of the first-mentioned Same City Sub-branch, or (ii) the commencement of business of the first-mentioned Same City Branch has been approved.

Article 13: The Applicant may make preparations for the establishment of a Same City Sub-branch only after its application therefor has been approved. The time limit for preparation of establishment is six months. The original approval for preparation of establishment will automatically become void if such preparations have not been completed by the expiration of time limit therefor. In special circumstances, the time limit for the preparation of establishment may be appropriately extended, up to nine months, subject to the approval of the Approving PBOC Branch.

A Same City Sub-branch may not engage in financial business activities during the period of preparation of establishment. During the period of preparation of establishment, the Applicant shall give the Approving PBOC Branch notice in a timely manner if it changes the person in charge of the preparation of the establishment of the Same City Sub-branch.

Article 14: After the Applicant has completed the preparation of establishment, it shall apply to the Approving PBOC Branch for commencement of business and submit the following documents and materials:

(1) an application for the commencement of business;

(2) a capital verification certificate issued by a statutory capital verification organization;

(3) relevant background information on the proposed senior management personnel and a table showing the particulars of the business personnel;

(4) photocopies of the ownership certificate or use rights certificate in respect of the business premises, quality certificates in respect of the security and fire safety installation and related certificates; and

(5) other materials that the People's Bank of China requires to be submitted.

Article 15: The Approving PBOC Branch shall notify the Applicant in writing as to whether or not its commencement of business is approved within 30 days after it has received all the materials required for the application for commencement of business of a Same City Sub-branch and has examined and accepted the preparations for establishment.

Article 16: When a Same City Sub-branch commences business upon approval, the Applicant shall collect a Financial Institution Operating Permit from the Approving PBOC Branch on the strength of the approval document within 60 days of the date of approval. On the strength of such permit, the Applicant shall register with, and obtain a business licence from, the department for the administration of industry and commerce.

The original approval of commencement of business will automatically become void if the Financial Institution Operating Permit is not collected within the time limit therefor.

Article 17: The Same City Sub-branch shall commence business within 90 days of the date of collection of the Financial Institution Operating Permit. The original approval of commencement of business will automatically become void, and the Approving PBOC Branch will recover the Financial Institution Operating Permit, if business is not commenced within such time limit. In special circumstances, the commencement of business may be appropriately postponed, by up to 45 days, subject to the approval of the Approving PBOC Branch.

Article 18: A Same City Sub-branch that commences business upon approval shall publish an announcement in the newspaper(s) designated by the People's Bank of China.

Article 19: The scope of business of a Same City Sub-branch shall be decided upon as authorized by the commercial bank within that bank's scope of business as approved by the People's Bank of China. However, the scope of business of the Same City Sub-branch may not exceed that of the office one level higher.

Article 20: To establish Self-service Banks with independent business premises, a commercial bank shall submit an application to the Approving PBOC Bank.

Within any one city, a commercial bank may apply for the establishment of only three Self-service Banks at a time. The Applicant may apply for the establishment of other Self-service Bank(s) only after (i) it has received an official reply disapproving the preparation of establishment of the first-mentioned Self-service
Bank(s), or (ii) the commencement of business of the first-mentioned Self-service Bank(s) has been approved.

Article 21: To apply for the establishment of Self-service Bank(s), a commercial bank shall submit the following documents or materials to the Approving PBOC Branch:

(1) the approval document from the commercial bank's head office;

(2) the type(s) and quantity of, and the services to be provided by, the proposed machines;

(3) a market analysis in respect of the proposed locations, including the target market(s), service demand, competition situation, etc.;

(4) the organization or personnel to be in charge of the day-to-day administration of the Self-service Banks;

(5) the security monitoring plan and maintenance measures; and

(6) other materials.

Article 22: The Approving PBOC Branch shall examine and approve Self-service Banks in accordance with the conditions and Measures for the examination and approval of Same City Sub-branches specified herein, except for the following matters:

(1) operating funds;

(2) senior management personnel and working personnel of the financial institution;

(3) public announcement.

Article 23: When a commercial bank wishes to install automated teller machines (ATM) that merely provide withdrawal, account transfer and inquiry services, it shall report the same for the record, and submit the relevant documents or materials set forth in Article 21, to the Approving PBOC Branch.

The Applicant may install the automated teller machines if the Approving PBOC Branch raises no objection within 15 working days after the date of receipt of the above-mentioned materials.

Article 24: The names of Same City Sub-branches of commercial banks shall uniformly be composed of the following elements: "name of the bank" + "name of the city" + "name of the sub-branch" + "Sub-Branch". The names of Self-service Banks of commercial banks shall uniformly be composed of the following elements: "name of the bank" + "24-Hour Self-service Banking".

Article 25: Any matters not covered herein shall be handled in accordance with relevant state laws and regulations and relevant provisions of the People's Bank of China.

Article 26: The People's Bank of China is in charge of interpreting these Measures.