China Banking Regulatory Commission, Implementing Rules for the PRC Regulations for the Administration of Foreign-invested Banks

中国银行业监督管理委员会中华人民共和国外资银行管理条例实施细则

January 31, 2007 | BY

clpstaff &clp articles

More detailed rules on the operation of renminbi business by foreign-invested banks.

Clp Reference: 3610/06.11.24 Promulgated: 2006-11-24 Effective: 2006-12-11

Promulgated: November 24 2006
Effective: December 11 2006

Main Contents: The Rules clarify the meaning of terms and phrases used in the PRC Regulations for the Administration of Foreign-invested Banks, such as "prudential conditions", "major shareholder", "feasibility study report" and "as at the end of the year prior to submission of the establishment application".

Procedures are also detailed for: (1) the establishment of a branch by a wholly foreign-owned bank or Sino-foreign equity joint venture bank; (2) the establishment of a foreign-invested banking institution of a business nature; (3) the conversion of a foreign bank's branch in China into a wholly foreign-owned bank in which its head office is the sole investor; and (4) engaging in renminbi business or expanding the scope of the customers to which it provides renminbi services by a foreign-invested banking institution of a business nature. The Rules also specify the qualification requirements of the directors, senior management personnel and chief representatives of foreign-invested banks as well as the procedures for terminating and liquidating the business of such banks.

Related Legislation: PRC Banking Regulation Law (Revised), Oct 31 2006, CLP 2007 No.1 p.; PRC Commercial Banking Law (Revised), Dec 27 2003, CLP 2004 No.1 p.4 & May 10 1995, CLP 1995 No.5 p.32; and PRC Regulations for the Administration of Foreign-invested Banks, Nov 11 2006, CLP 2006 No.10 p.78

Repealed legislation: Implementing Rules for the PRC Regulations for the Administration of Foreign-invested Banks, Jul 26 2004

Full Translation: See page 41

clp reference:3610/06.11.24prc reference:银监会令 [2006] 第 6 号promulgated:2006-11-24effective:2006-12-11

This premium content is reserved for
China Law & Practice Subscribers.

  • A database of over 3,000 essential documents including key PRC legislation translated into English
  • A choice of newsletters to alert you to changes affecting your business including sector specific updates
  • Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
For enterprise-wide or corporate enquiries, please contact our experienced Sales Professionals at +44 (0)203 868 7546 or [email protected]