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Implementing Rules for the PRC Regulations for the Administration of Foreign-invested Banks
中华人民共和国外资银行管理条例实施细则
Detailed procedures for the establishment and dissolution of foreign-invested banks, scope and operation of renminbi business, and professional qualification requirements of some senior personnel are provided.
(Promulgated by the China Banking Regulatory Commission on November 24 2006 and effective as of December 11 2006.)
(中国人民银行监督管理委员会于二零零六年十一月二十四日公布,自二零零六年十二月十一日起施行。)
Order of the CBRC [2006] No.6
银监会令 [2006] 第6号
PART ONE: GENERAL PROVISIONS
第一章 总则
Article 1: These Rules have been formulated pursuant to the PRC Banking Regulation Law, the PRC Commercial Banking Law and the PRC Regulations for the Administration of Foreign-invested Banks (the Regulations).
第一条 根据《中华人民共和国银行业监督管理法》、《中华人民共和国商业银行法》和《中华人民共和国外资银行管理条例》(以下简称《条例》),制定本细则。
Article 2: For the purposes of the Regulations, the term "State Council's banking regulatory authority" means the China Banking Regulatory Commission (the CBRC), and the term "banking regulatory authorities" means the CBRC and its offices.
第二条 《条例》所称国务院银行业监督管理机构是指中国银行业监督管理委员会(以下简称中国银监会),所称银行业监督管理机构是指中国银监会及其派出机构。
PART TWO: ESTABLISHMENT AND REGISTRATION
第二章 设立与登记
Article 3: For the purposes of the Regulations and these Rules, the term "prudential conditions" shall, at minimum, comprise the following:
第三条 《条例》和本细则所称审慎性条件,至少包括下列内容:
(1) having a good industry reputation and public image;
(一) 具有良好的行业声誉和社会形象;
(2) having good results as a going concern and good asset quality;
(二) 具有良好的持续经营业绩,资产质量良好;
(3) management having good professional qualifications and management capabilities;
(三) 管理层具有良好的专业素质和管理能力;
(4) having a sound risk management system that can effectively control the risks associated with affiliated transactions;
(四) 具有健全的风险管理体系,能够有效控制关联交易风险;
(5) having sound internal control systems and an effective information management system;
(五) 具有健全的内部控制制度和有效的管理信息系统;
(6) preparing financial accounting reports based on prudent accounting principles, and the accounting firm issuing an unqualified opinion on the financial accounting reports for the three years preceding the application;
(六) 按照审慎会计原则编制财务会计报告,且会计师事务所对申请前3年的财务会计报告持无保留意见;
(7) having no record of a major violation of laws or regulations;
(七) 无重大违法违规记录;
(8) having effective capital constraint and capital replenishment mechanisms; and
(八) 具备有效的资本约束与资本补充机制;
(9) having a sound corporate governance structure.
(九) 具有健全的公司治理结构。
Items (8) and (9) of this Article shall apply to wholly foreign-owned banks and their shareholders, Sino-foreign equity joint venture banks and their shareholders, and foreign banks.
本条第(八)项、第(九)项适用于外商独资银行及其股东、中外合资银行及其股东以及外国银行。
Article 4: For the purposes of Article 11 of the Regulations, the term "major shareholder" means a commercial bank that will hold at least 50% of the total capital or total shares of the proposed Sino-foreign equity joint venture bank or that, although it will not hold at least 50% of the total capital or total shares thereof, its relationship to the proposed Sino-foreign equity joint venture bank is characterized by any of the following circumstances:
第四条 《条例》第十一条所称主要股东,是指持有拟设中外合资银行资本总额或者股份总额50%以上,或者不持有资本总额或者股份总额50%以上但与拟设中外合资银行之间有下列情形之一的商业银行:
(1) it will hold at least half of the voting rights in the proposed Sino-foreign equity joint venture bank;
(一) 持有拟设中外合资银行半数以上的表决权;
(2) it will have the power to control the financial and operational policies of the proposed Sino-foreign equity joint venture bank;
(二) 有权控制拟设中外合资银行的财务和经营政策;
(3) it will have the power to appoint and dismiss the majority of the members of the board of directors or similar authority body of the proposed Sino-foreign equity joint venture bank; or
(三) 有权任免拟设中外合资银行董事会或者类似权力机构的多数成员;
(4) it will have at least 50% of the voting rights on the board of directors or similar authority body of the proposed Sino-foreign equity joint venture bank.
(四) 在拟设中外合资银行董事会或者类似权力机构有半数以上投票权。
A major shareholder of a proposed Sino-foreign equity joint venture bank shall include the proposed Sino-foreign equity joint venture bank in its consolidated statements.
拟设中外合资银行的主要股东应当将拟设中外合资银行纳入其并表范围。
Article 5: An entity may not serve as a shareholder of a proposed wholly foreign-owned bank or proposed Sino-foreign equity joint venture bank if:
第五条 有下列情形之一的,不得作为拟设外商独资银行、拟设中外合资银行的股东:
(1) its corporate governance structure and mechanisms have obvious flaws;
(一) 公司治理结构与机制存在明显缺陷;
(2) its equity relationships are complex or lack in transparency;
(二) 股权关系复杂或者透明度低;
(3) it has many affiliates, and affiliated transactions are frequent or anomalous;
(三) 关联企业众多,关联交易频繁或者异常;
(4) its core business is not salient or its scope of business involves an overly large number of industries; or
(四) 核心业务不突出或者经营范围涉及行业过多;
(5) it is characterized by another circumstance that would have a material adverse impact on the proposed bank.
(五) 其他对拟设银行产生重大不利影响的情形。
Article 6: For the purposes of Articles 10 through 12 of the Regulations, the phrase "as at the end of the year prior to submission of the establishment application" means as at the end of the financial year preceding the date of the application. The phrase "having a capital adequacy ratio that complies with the provisions of the State Council's banking regulatory authority" means a capital adequacy ratio of not less than 8%.
第六条 《条例》第十条至第十二条所称提出设立申请前1年年末是指截至申请日的上一会计年度末;所称资本充足率符合国务院银行业监督管理机构的规定是指资本充足率不低于8%。
Article 7: A feasibility study report as mentioned in Article 14 of the Regulations and Articles 15, 26 and 30 hereof shall include the applicant's basic particulars, an analysis of the market prospects of the proposed institution, the plan for the future business development of the proposed institution, the organizational and management structure of the proposed institution, the scale of the assets and liabilities and a forecast of the profitability of the proposed institution during the three years following the commencement of business, etc.
第七条 《条例》第十四条和本细则第十五条、第二十六条、第三十条所称可行性研究报告,内容包括申请人的基本情况、对拟设机构市场前景的分析、拟设机构未来业务发展规划、拟设机构的组织管理结构、对拟设机构开业后3年的资产负债规模和盈利预测等。
A feasibility study report as mentioned in Article 20 of the Regulations shall include the applicant's basic particulars and the purpose of, and plan for, the proposed representative office.
《条例》第二十条所称可行性研究报告,内容包括申请人的基本情况、拟设代表处的目的和计划。
Article 8: The "name of the proposed institution" as mentioned in Item (1) of Article 14 and the "name of the proposed representative office" as mentioned in Item (1) of Article 20 of the Regulations shall include the name in Chinese and in a foreign language.
第八条 《条例》第十四条第(一)项所称拟设机构的名称、第二十条第(一)项所称拟设代表处的名称,应当包括中文名称和外文名称。
The Chinese name of a branch or representative office of a foreign bank shall indicate the nationality of the foreign bank and the form of liability.
外国银行分行、代表处的中文名称应当标明该外国银行的国籍以及责任形式。
Article 9: The photocopy of the business licence, photocopy of the document granting permission to engage in the finance business, power of attorney and guarantee under which a foreign bank undertakes to bear liability for the taxes and debts of its branches in China as mentioned in the Regulations and these Rules shall be notarized by the approved organization in the applicant's domicile country or region and authenticated by the Chinese embassy or consulate in such country.
第九条 《条例》和本细则所称营业执照复印件、经营金融业务许可文件复印件、授权书、外国银行对其在中国境内分行承担税务、债务的责任保証书,应当经所在国家或者地区认可的机构公証,并且经中国驻该国使馆、领馆认証。
As required by the circumstances, the CBRC may require that other application materials submitted by the applicant be notarized by the approved organization in the applicant's domicile country or region and authenticated by the Chinese embassy or consulate in such country.
中国银监会视情况需要,可以要求申请人报送的其他申请资料经所在国家或者地区认可的机构公証,并且经中国驻该国使馆、领馆认証。
Article 10: Annual reports as mentioned in the Regulations and these Rules shall be audited and accompanied by an audit opinion issued by an approved accounting firm in the applicant's domicile country or region. Annual reports printed in a language other than Chinese or English shall be accompanied by a Chinese or English translation.
第十条 《条例》和本细则所称年报应当经审计,并附申请人所在国家或者地区认可的会计师事务所出具的审计意见书。以中文或者英文以外文字印制的年报应当附有中文或者英文译本。
Article 11: If the applicant is establishing a foreign-invested bank for the first time, it shall submit information on the finance system of its domicile country or region and a synopsis of relevant finance regulatory regulations.
第十一条 初次设立外资银行的,应当报送所在国家或者地区金融体系情况和有关金融监管法规的摘要。
If the applicant is establishing a representative office for the first time, it shall submit a proof issued by a financial institution in the banking sector registered in China of its establishment of an agency relationship with the foreign bank.
初次设立代表处的,应当报送由在中国境内注册的银行业金融机构出具的与该外国银行已经建立代理行关系的証明。
Article 12: When a foreign bank wishes to establish an additional branch in China, it shall satisfy the conditions specified in Articles 9 and 12 of the Regulations and additionally, its existing branch(es) in China shall satisfy the prudential conditions specified by the CBRC.
第十二条 外国银行在中国境内增设分行,除应当具备《条例》第九条、第十二条规定的条件外,其在中国境内已设分行应当具备中国银监会规定的审慎性条件。
When a foreign bank wishes to establish an additional representative office in China, it shall satisfy the conditions specified in Article 9 of the Regulations and additionally, its existing branch(es) in China shall not have a record of any major violations of laws or regulations.
外国银行在中国境内增设代表处,除应当具备《条例》第九条规定的条件外,其在中国境内已设代表处应当无重大违法违规记录。
Article 13: A wholly foreign-owned bank or Sino-foreign equity joint venture bank that wishes to establish a branch shall satisfy the prudential conditions specified by the CBRC.
第十三条 外商独资银行、中外合资银行设立分行,应当具备中国银监会规定的审慎性条件。
Article 14: For the purposes of Articles 14, 17 and 20 of the Regulations, the term "banking regulatory authority of the place where the institution is to be established" means the banking regulatory bureau of the place where the institution is to be established. The phrase "forward in a timely manner" means forwarding the application materials together with the review opinion to the CBRC within 20 days from the date of receipt of the complete set of application materials.
第十四条 《条例》第十四条、第十七条、第二十条所称所在地的银行业监督管理机构是指所在地银监局;所称及时报送是指自收到完整的申请资料之日起20日内将申请资料连同审核意见报送中国银监会。
A copy of the application materials mentioned in Articles 14, 17 and 20 of the Regulations shall be sent to the CBRC office of the place where the proposed institution or representative office is to be established.
《条例》第十四条、第十七条、第二十条所称申请资料,应当抄送拟设机构或者拟设代表处所在地中国银监会派出机构。
The written application mentioned in Articles 14 and 20 of the Regulations shall be addressed to the chairperson of the CBRC and jointly signed by the chairpersons of the board of directors or managers (or chief executive officers or general managers) of each party to the proposed wholly foreign-owned bank or Sino-foreign equity joint venture bank, or signed by the chairperson of the board of directors or manager (or chief executive officer or general manager) of the foreign bank intending to establish a branch or representative office.
《条例》第十四条、第二十条所称申请书,应当由拟设外商独资银行、中外合资银行出资各方的董事长或者行长(首席执行官、总经理)联合签署,或者由拟设分行、代表处的外国银行的董事长或者行长(首席执行官、总经理)签署,致中国银监会主席。
Article 15: When a wholly foreign-owned bank or Sino-foreign equity joint venture bank wishes to establish a branch, it shall first apply for preparation for establishment and submit the following materials (in duplicate) to the banking regulatory bureau of the place where its head office is located, with a copy to the banking regulatory bureau of the place where the branch is to be established:
第十五条 外商独资银行、中外合资银行设立分行,应当先申请筹建,并将下列申请资料报送其总行所在地银监局(一式两份),同时抄送拟设分行所在地银监局:
(1) a written application addressed to the chairperson of the CBRC and signed by the chairperson of the board of directors or manager (or chief executive officer or general manager) of the applicant, which shall specify the name, location and operating capital of the proposed branch, the type of business applied for, etc.
(一) 申请人董事长或者行长(首席执行官、总经理)签署的致中国银监会主席的申请书,内容包括拟设分行的名称、所在地、营运资金、申请经营的业务种类等;
(2) a feasibility study report;
(二) 可行性研究报告;
(3) the applicant's articles of association;
(三) 申请人章程;
(4) the applicant's annual report;
(四) 申请人年报;
(5) the applicant's anti-money laundering system;
(五) 申请人反洗钱制度;
(6) a photocopy of the applicant's business licence;
(六) 申请人营业执照复印件;
(7) the resolution of the board of directors consenting to the application to establish the branch; and
(七) 董事会同意申请设立分行的决议;
(8) other materials required by the CBRC.
(八) 中国银监会要求的其他资料。
The banking regulatory bureau of the place where the head office of the wholly foreign-owned bank or Sino-foreign equity joint venture bank is located shall forward the application materials together with its review opinion to the CBRC within 20 days from the date of receipt of the complete set of application materials.
外商独资银行、中外合资银行总行所在地银监局应当自收到完整的申请资料之日起20日内将申请资料连同审核意见报送中国银监会。
The banking regulatory bureau of the place where the branch is to be established shall forward its review opinion to the CBRC within 20 days from the date of receipt of the application materials.
拟设分行所在地银监局应当自收到申请资料之日起20日内将审核意见报送中国银监会。
Article 16: When establishing a foreign-invested banking institution of a business nature, the applicant shall collect an application for commencement of business from the CBRC office of the place where the institution is to be established within 15 days from the date of receipt of the notice approving the preparation for establishment, and commence the preparatory work. The applicant shall establish a preparatory committee responsible for the preparatory work during the preparatory period and submit the name of the person in charge of the preparatory committee to the aforementioned CBRC office. The preparatory committee shall dissolve once the preparatory work is completed. The preparatory period shall be six months.
第十六条 设立外资银行营业性机构,申请人应当自接到批准筹建通知书之日起15日内到拟设机构所在地中国银监会派出机构领取开业申请表,开始筹建工作。筹建期内申请人应当成立筹备组,负责筹建工作,并将筹备组负责人名单报送所在地中国银监会派出机构,筹建工作完成后,筹备组自行解散。筹建期为6个月。
If the applicant fails to collect the application for the commencement of business during the specified period of time, the CBRC and its office will refuse to accept applications from the applicant for the establishment of an institution of a business nature in the same city in China for a period of one year from the date of approval of the preparation for establishment.
逾期未领取开业申请表的,自批准其筹建之日起1年内,中国银监会及其派出机构不受理该申请人在中国境内同一城市设立营业性机构的申请。
Article 17: When establishing a foreign-invested banking institution of a business nature, the applicant shall complete the following tasks during the preparatory period:
第十七条 设立外资银行营业性机构,申请人在筹建期内应当完成下列工作:
(1) establishing a sound corporate governance structure and submitting a description of the corporate governance structure to the CBRC office of the place where the institution is to be established (applicable only to wholly foreign-owned banks and Sino-foreign equity joint venture banks);
(一) 建立健全的公司治理结构,并将公司治理结构说明报送所在地中国银监会派出机构(仅限外商独资银行、中外合资银行);
(2) establishing internal control systems, including the internal organizational structure, and the control systems and operating rules for authorizations and credit extension, credit facilities management, monetary transactions, accounting and the computer information management system, and submitting details of the internal control systems and operating rules to the CBRC office of the place where the institution is to be established;
(二) 建立内部控制制度,包括内部组织结构、授权授信、信贷资金管理、资金交易、会计核算、计算机信息管理系统的控制制度和操作规程,并将内控制度和操作规程报送所在地中国银监会派出机构;
(3) having an appropriate number of business personnel who meet business development requirements and have received relevant training on policies, regulations and vocational knowledge, etc. in order to satisfy requirements in respect of the effective monitoring of the principal business risks, the hierarchical examination, approval, and checking of business, and the division of work and checks and balances among key positions, etc.;
(三) 配备符合业务发展需要的、适当数量的、且已接受政策法规及业务知识等相关培训的业务人员,以满足对主要业务风险有效监控、业务分级审批和复查、关键岗位分工和相互牵制等要求;
(4) printing of important business vouchers and receipts to be used externally and submitting specimens thereof to the CBRC office of the place where the institution is to be established;
(四) 印制拟对外使用的重要业务凭証和单据,并将样本报送所在地中国银监会派出机构;
(5) putting in place security facilities approved by the relevant departments and submitting photocopies of the relevant supporting documents to the CBRC office of the place where the institution is to be established; and
(五) 配备经有关部门认可的安全防范设施,并将有关証明复印件报送所在地中国银监会派出机构;
(6) engaging a qualified accounting firm lawfully established in China to conduct a pre-opening audit of the institution's internal control systems, accounting system, computer system, etc. and submitting the audit report to the CBRC office of the place where the institution is to be established.
(六) 应当聘请在中国境内依法设立的合格的会计师事务所对其内部控制系统、会计系统、计算机系统等进行开业前审计,并将审计报告报送所在地中国银监会派出机构。
Article 18: If an applicant wishes to apply for an extension of the preparatory period, it shall submit an application to the CBRC office of the place where the institution is to be established one month prior to the expiration of the preparatory period. The written application shall be signed by the person in charge of the preparatory committee of the proposed foreign-invested banking institution of a business nature.
第十八条 申请人申请延长筹建期的,应当在筹建期届满1个月前向所在地中国银监会派出机构提出申请。申请书由拟设外资银行营业性机构筹备组负责人签署。
The CBRC office of the place where the institution is to be established shall render its decision on whether or not to approve the extension of the preparatory period and notify the applicant in writing within 15 days from the date of receipt of the complete set of application materials for the extension of the preparatory period. Additionally, it shall forward a copy thereof by level to the CBRC. If it decides to withhold its approval, it shall explain the reason therefor.
所在地中国银监会派出机构应当自接到延长筹建期的完整申请资料之日起15日内作出批准或者不批准延长筹建期的决定,并书面通知申请人,同时逐级抄报中国银监会。决定不批准的,应当说明理由。
If an applicant fails to submit its application for the extension of the preparatory period by the specified deadline, the CBRC office will refuse to accept the application.
申请人未在规定期限内申请延长筹建期的,中国银监会派出机构不受理其申请。
Article 19: Once the preparatory tasks for the establishment of the proposed foreign-invested banking institution of a business nature are completed, the person in charge of the preparatory committee shall submit an application for a pre-opening acceptance check to the CBRC office of the place where the institution is to be established. The CBRC office shall conduct the acceptance check within 10 days. If the institution passes the acceptance check, it shall be issued an acceptance opinion. If it fails the acceptance check, the CBRC office shall notify the applicant in writing and the applicant may apply for a re-check with the CBRC office after 10 days from the date of receipt of the notice.
第十九条 拟设外资银行营业性机构在筹建事项完成后,筹备组负责人应当向所在地中国银监会派出机构提出开业前验收。所在地中国银监会派出机构应当在10日内进行验收。验收合格的,应当发给验收合格意见书。验收不合格的,应当书面通知申请人,申请人可以自接到通知书之日起10日后向拟设机构所在地中国银监会派出机构提出复验。
Article 20: Once the institution has passed the acceptance check and the preparatory work is completed, the applicant shall submit the acceptance opinion, the application for the commencement of business addressed to the chairperson of the CBRC and signed by the person in charge of the preparatory committee of the proposed foreign-invested banking institution of a business nature, together with the application materials specified in Article 17 of the Regulations (in duplicate), to the banking regulatory bureau of the place where the institution is to be established, with a copy to the CBRC office of the place where the institution is to be established.
第二十条 经验收合格完成筹建工作的,申请人应当将验收合格意见书、拟设外资银行营业性机构筹备组负责人签署的致中国银监会主席的开业申请书连同《条例》第十七条规定的申请资料报送拟设机构所在地银监局(一式两份),同时抄送拟设机构所在地中国银监会派出机构。
The banking regulatory bureau of the place where the institution is to be established shall forward the application materials, the acceptance opinion together with its review opinion to the CBRC within 20 days from the date of receipt of the complete set of application materials for the commencement of business.
拟设机构所在地银监局应当自收到完整的开业申请资料之日起20日内将申请资料、验收合格意见书连同审核意见报送中国银监会。
Article 21: Once a foreign-invested banking institution of a business nature has received approval to commence business, it shall collect its finance permit in accordance with relevant provisions.
第二十一条 外资银行营业性机构获准开业后,应当按照有关规定领取金融许可証。
Article 22: A foreign-invested banking institution of a business nature shall commence business within six months from the date of receipt of its business licence. Under special circumstances and with the approval of the CBRC office of the place where it is located, it may postpone commencement of its business.
第二十二条 外资银行营业性机构应当自领取营业执照之日起6个月内开业。特殊情况下,经所在地中国银监会派出机构批准可以延期开业。
If a foreign-invested banking institution of a business nature wishes to apply for a postponement of commencement of its business, it shall submit an application to the CBRC office of the place where it is located one month prior to the expiration of the period for the commencement of business. The written application shall be signed by the chairperson of the board of directors or manager (or chief executive officer or general manager) of the wholly foreign-owned bank or Sino-foreign equity joint venture bank or the manager (or general manager) of the foreign bank's branch.
外资银行营业性机构申请延期开业的,应当在开业期限届满1个月前向所在地中国银监会派出机构提出延期开业申请。申请书由外商独资银行、中外合资银行的董事长或者行长(首席执行官、总经理)或者外国银行分行的行长(总经理)签署。
The CBRC office of the place where the foreign-invested banking institution of a business nature is located shall render its decision on whether or not to grant approval of the extension of the period for commencement of business and notify the applicant in writing within 15 days from the date of receipt of the complete set of application materials for the extension of the period for commencement of business. Additionally, it shall forward a copy thereof by level to the CBRC. If it decides to withhold its approval, it shall explain the reason therefor.
所在地中国银监会派出机构应当自接到延期开业的完整申请资料之日起15日内作出批准或者不批准延期开业的决定,并书面通知申请人,同时逐级抄报中国银监会。决定不批准的,应当说明理由。
If a foreign-invested banking institution of a business nature fails to submit its application for the extension of the period for the commencement of business within the specified period, the CBRC office will refuse to accept its application.
外资银行营业性机构未在规定期限内提出延期开业申请的,中国银监会派出机构不受理其延期开业申请。
The maximum extension of the period for commencement of business shall be three months. If a foreign-invested banking institution of a business nature fails to commence business by the expiration of the period for the commencement of business, its approval for the commencement of business shall automatically become null and void and it shall return its finance permit to the CBRC. The CBRC and its office will refuse to accept applications from the applicant for the establishment of an institution of a business nature in the same city in China for a period of one year from the date on which its approval to commence business became null and void.
开业延期的最长期限为3个月。外资银行营业性机构开业期限届满而未能开业的,原开业批准自动失效。外资银行营业性机构应当向中国银监会交回金融许可証。自原开业批准失效之日起1年内,中国银监会及其派出机构不受理该申请人在同一城市设立营业性机构的申请。
Article 23: Before it commences business, the foreign-invested banking institution of a business nature shall report the date for the commencement of its business in writing to the CBRC office of the place where it is located. Before the foreign-invested banking institution of a business nature commences business, it shall publish an announcement in the national newspaper(s) designated by the CBRC and the local newspaper(s) designated by the CBRC office of the place where it is located.
第二十三条 外资银行营业性机构在开业前应当将开业日期书面报送所在地中国银监会派出机构。外资银行营业性机构开业前应当在中国银监会指定的全国性报纸和所在地中国银监会派出机构指定的地方性报纸上公告。
Article 24: Articles 15 to 19 of the Regulations and Articles 16 to 23 hereof shall apply to the branches of wholly foreign-owned banks and Sino-foreign equity joint venture banks.
第二十四条 《条例》第十五条至第十九条以及本细则第十六条至第二十三条适用于外商独资银行分行以及中外合资银行分行。
Article 25: If a foreign bank wishes to convert its branch(es) in China into a wholly foreign-owned bank in which its head office is the sole investor, it shall satisfy the conditions of the Regulations and these Rules for the establishment of a wholly foreign-owned bank and shall have the capacity to operate in China over the long term and to effectively manage the proposed wholly foreign-owned bank.
第二十五条 外国银行将其在中国境内的分行改制为由其总行单独出资的外商独资银行,应当符合《条例》和本细则有关设立外商独资银行的条件,并且具备在中国境内长期持续经营以及对拟设外商独资银行实施有效管理的能力。
Article 26: A foreign bank that wishes to convert its branch(es) in China into a wholly foreign-owned bank in which its head office is the sole investor shall simultaneously apply for preparation for establishment of a wholly foreign-owned bank and for conversion of (all of) its branch(es) in China into branch(es) of the wholly foreign-owned bank. It shall submit the following application materials (in duplicate) to the banking regulatory bureau of the place where the head office of the proposed wholly foreign-owned bank is to be established, with copies to the CBRC offices of all of the places where its branches in China are located:
第二十六条 外国银行将其在中国境内的分行改制为由其总行单独出资的外商独资银行,应当同时申请筹建外商独资银行以及将其在中国境内的所有外国银行分行改制为外商独资银行分行,并将下列申请资料报送拟设外商独资银行总行所在地银监局(一式两份),同时抄送该外国银行在中国境内的所有分行所在地中国银监会派出机构:
(1) a written application addressed to the chairperson of the CBRC and signed by the chairperson of the board of directors or manager (or chief executive officer or general manager) of the foreign bank, which shall specify the names, locations and registered capital or operating capital of the proposed wholly foreign-owned bank and its (sub-)branches, the type(s) of business(es) applied for, etc.;
(一) 外国银行董事长或者行长(首席执行官、总经理)签署的致中国银监会主席的申请书,内容包括拟设外商独资银行及其分支机构的名称、所在地、注册资本或者营运资金、申请经营的业务种类等;
(2) a feasibility study report and the plan for the conversion of the institution(s);
(二) 可行性研究报告以及机构改制计划;
(3) a draft of the proposed wholly foreign-owned bank's articles of association and a legal opinion on the draft articles of association issued by a law firm lawfully established in China;
(三) 拟设外商独资银行的章程草案以及在中国境内依法设立的律师事务所出具的对章程草案的法律意见书;
(4) the resolution of the board of directors of the foreign bank agreeing to the conversion of the foreign bank's branch(es) into a wholly foreign-owned bank in which its head office is the sole investor;
(四) 外国银行董事会关于同意将原外国银行分行改制为由其总行单独出资的外商独资银行的决议;
(5) an opinion signed by the chairperson of the board of directors or manager (or chief executive officer or general manager) of the foreign bank agreeing to the proposed wholly foreign-owned bank succeeding to the claims, debts and taxes of the foreign bank's former branch(es) and an undertaking to operate in China over the long term and to effectively manage the proposed wholly foreign-owned bank;
(五) 外国银行董事长或者行长(首席执行官、总经理)签署的同意由拟设外商独资银行承继原外国银行分行债权、债务及税务的意见函,以及在中国境内长期持续经营并对拟设外商独资银行实施有效管理的承诺函;
(6) audited consolidated financial accounting reports of all of the foreign bank's branches in China for the two years preceding the submission of the application;
(六) 提出申请前2年该外国银行在中国境内所有分行经审计的合并财务会计报告;
(7) the opinion of the financial regulator of the applicant's domicile country or region on the conversion;
(七) 申请人所在国家或者地区金融监管当局对其改制的意见书;
(8) the applicant's annual reports for the most recent three years; and
(八) 申请人最近3年年报;
(9) other materials required by the CBRC.
(九) 中国银监会要求的其他资料。
The banking regulatory bureau of the place where the head office of the wholly foreign-owned bank is to be established shall forward the application materials together with its review opinion to the CBRC within 20 days from the date of receipt of the complete set of application materials.
拟设外商独资银行总行所在地银监局应当自收到完整的申请资料之日起20日内将申请资料连同审核意见报送中国银监会。
The CBRC shall render its decision on whether or not to approve the conversion and notify the applicant in writing within six months from the date of receipt of the complete set of application materials. If it decides to withhold its approval, it shall explain the reason therefor.
中国银监会应当自收到完整的申请资料之日起6个月内作出批准或者不批准改制的决定,并书面通知申请人。决定不批准的,应当说明理由。
Article 27: If the foreign bank wishes to retain one branch that engages in foreign exchange wholesale business, it shall submit an application to that effect together with its application for the preparation for establishment of the wholly foreign-owned bank.
第二十七条 外国银行拟保留1家从事外汇批发业务的分行,应当在申请筹建外商独资银行的同时提出申请。
The foreign bank's former branch(es) shall determine which claims, debts and taxes shall be succeeded to by the foreign bank's branch that engages in foreign exchange wholesale business and those that shall be succeeded to by the branch(es) of the wholly foreign-owned bank, and submit a list of the assets, liabilities and owner's equity together with a written application addressed to the chairperson of the CBRC and signed by the chairperson of the board of directors or manager (or chief executive officer or general manager) of the applicant along with the application materials specified in Article 26 hereof (in duplicate) to the banking regulatory bureau of the place where the head office of the wholly foreign-owned bank is to be established, with copies to the CBRC offices of the places where the foreign bank's former branch(es) was(were) located.
原外国银行分行应当确定分别由从事外汇批发业务的外国银行分行以及外商独资银行分行承继的债权、债务和税务,并将编制好的资产、负债和所有者权益的清单连同由申请人董事长或者行长(首席执行官、总经理)签署的致中国银监会主席的申请书,连同本细则第二十六条规定的申请资料一并报送拟设外商独资银行总行所在地银监局(一式两份),同时抄送原外国银行分行所在地中国银监会派出机构。
Article 28: If a foreign bank wishes to convert its branch(es) in China into a wholly foreign-owned bank in which its head office is the sole investor, subject to the approval of the CBRC, the operating capital of the foreign bank's former branch(es) may, after consolidation and verification, be converted into the registered capital of the wholly foreign-owned bank, or, alternatively, be returned to their head office.
第二十八条 外国银行将其在中国境内的分行改制为由其总行单独出资的外商独资银行的,经中国银监会批准,原外国银行分行的营运资金经合并验资可以转为外商独资银行的注册资本,也可以转回其总行。
Article 29: A foreign bank wishing to convert its branches in China into a wholly foreign-owned bank in which its head office is the sole investor shall, once the wholly foreign-owned bank has passed the acceptance check and the preparatory work is completed, submit the acceptance opinion together with the following application materials (in duplicate) to the banking regulatory bureau of the place where the head office of the wholly foreign-owned bank is to be established, with copies to the CBRC offices of the places where the foreign bank's former branches were located:
第二十九条 外国银行将其在中国境内的分行改制为由其总行单独出资的外商独资银行的,经验收合格完成筹建工作,应当将验收合格意见书连同下列申请资料报送拟设外商独资银行总行所在地银监局(一式两份),同时抄送原外国银行分行所在地中国银监会派出机构:
(1) a written application for the commencement of business addressed to the chairperson of the CBRC and signed by the person in charge of the preparatory committee of the wholly foreign-owned bank, which shall specify the names, business addresses and registered capital or operating capital of the proposed wholly foreign-owned bank and its (sub-)branches, the types of business applied for, etc.
(一) 拟设外商独资银行筹备组负责人签署的致中国银监会主席的开业申请书,内容包括拟设外商独资银行及其分支机构的名称、营业地址、注册资本或者营运资金、申请经营的业务种类等;
(2) a list of the proposed assets, liabilities and owner's equity to be turned over to the wholly foreign-owned bank;
(二) 拟转入拟设外商独资银行的资产、负债和所有者权益的清单;
(3) a registered capital verification certificate issued by a qualified accounting firm lawfully established in China;
(三) 由在中国境内依法设立的合格的会计师事务所出具的注册资本验资証明;
(4) a list of the persons proposed to serve as the chairperson of the board of directors and manager of the wholly foreign-owned bank, the managers of the branches of the wholly foreign-owned bank and the managers of the sub-branches in the same city, their résumés and photocopies of their proofs of identity and academic qualifications;
(四) 拟任外商独资银行的董事长、行长以及外商独资银行分行行长、同城支行行长的名单、简历、身份証明、学历証明的复印件;
(5) the powers of attorney of the managers of the branches of the wholly foreign-owned bank and the sub-branches in the same city;
(五) 对外商独资银行分行行长、同城支行行长的授权书;
(6) statements signed by the proposed persons that they do not have records of improper conduct; and
(六) 拟任人签署的无不良记录陈述书;
(7) other materials required by the CBRC.
(七) 中国银监会要求的其他资料。
The banking regulatory bureau of the place where the head office of the wholly foreign-owned bank is to be established shall forward the application materials, the acceptance opinion together with its review opinion to the CBRC within 20 days from the date of receipt of the complete set of application materials for the commencement of business.
拟设外商独资银行总行所在地银监局应当自收到完整的开业申请资料之日起20日内将申请资料、验收合格意见书连同审核意见报送中国银监会。
The CBRC shall render its decision on whether or not to approve the commencement of business and notify the applicant in writing within two months from the date of receipt of the complete set of application materials. If it decides to withhold its approval, it shall explain the reason therefor.
中国银监会应当自收到完整的申请资料之日起2个月内作出批准或者不批准开业的决定,并书面通知申请人。决定不批准的,应当说明理由。
Article 30: If the foreign bank intends to retain one branch in China that engages in foreign exchange wholesale business, it shall, at the time the proposed wholly foreign-owned bank applies for the commencement of business, submit the following application materials (in duplicate) to the banking regulatory bureau of the place where the head office of the wholly foreign-owned bank is to be established, with copies to the CBRC offices of the places where the foreign bank's former branches were located:
第三十条 外国银行拟在中国境内保留1家从事外汇批发业务的分行,应当在拟设外商独资银行申请开业的同时,将下列申请资料报送拟设外商独资银行总行所在地银监局(一式两份),同时抄送原外国银行分行所在地中国银监会派出机构:
(1) a written application addressed to the chairperson of the CBRC and signed by the chairperson of the board of directors or manager (or chief executive officer or general manager) of the foreign bank, which shall specify the location and operating capital of the branch to be retained, the type of business applied for, etc.;
(一) 外国银行董事长或者行长(首席执行官、总经理)签署的致中国银监会主席的申请书,内容包括拟保留分行的所在地、营运资金、申请经营的业务种类等;
(2) a feasibility study report;
(二) 可行性研究报告;
(3) a list of the assets, liabilities and owner equity of the foreign bank's branch to be retained for the purpose of engaging in foreign exchange wholesale business;
(三) 拟保留的从事外汇批发业务的外国银行分行的资产、负债和所有者权益的清单;
(4) a capital verification certificate issued by a qualified accounting firm lawfully established in China; and
(四) 由在中国境内依法设立的合格的会计师事务所出具的验资証明;
(5) other materials required by the CBRC.
(五) 中国银监会要求的其他资料。
The banking regulatory bureau of the place where the head office of the wholly foreign-owned bank is to be established shall forward the application materials together with its review opinion to the CBRC within 20 days from the date of receipt of the complete set of application materials.
拟设外商独资银行总行所在地银监局应当自收到完整的申请资料之日起20日内将申请资料连同审核意见报送中国银监会。
The CBRC shall render its decision on whether or not to approve the retention of one foreign bank's branch that engages in foreign exchange wholesale business and notify the applicant in writing within two months from the date of receipt of the complete set of application materials. If it decides to withhold its approval, it shall explain the reason therefor.
中国银监会应当自收到完整的申请资料之日起2个月内作出批准或者不批准保留1家从事外汇批发业务的外国银行分行的决定,并书面通知申请人。决定不批准的,应当说明理由。
Article 31: A foreign bank that converts its branch(es) in China into a wholly foreign-owned bank in which its head office is the sole investor shall, during the preparatory period for the proposed wholly foreign-owned bank and after completion of the registration procedures, publish an announcement in the national newspaper(s) designated by the CBRC and the local newspaper(s) designated by the local CBRC office.
第三十一条 外国银行将其在中国境内的分行改制为由其总行单独出资的外商独资银行的,应当在拟设外商独资银行筹建期间、办理注册登记手续后,在中国银监会指定的全国性报纸和所在地中国银监会派出机构指定的地方性报纸上公告。
Article 32: Once the representative office of a foreign bank has received approval for establishment, it shall carry out registration procedures with the administration for industry and commerce in accordance with relevant provisions.
第三十二条 外国银行代表处获得批准设立后,应当按照有关规定到工商行政管理部门办理注册登记手续。
Once the representative office of a foreign bank has completed registration procedures, it shall publish an announcement in the national newspaper(s) designated by the CBRC and the local newspaper(s) designated by the CBRC office of the place where it is located.
外国银行代表处应当在办理注册登记手续后,在中国银监会指定的全国性报纸以及所在地中国银监会派出机构指定的地方性报纸上公告。
The representative office of a foreign bank shall move into permanent office premises within six months from the date of approval of its establishment by the CBRC. If it fails to commence work within six months, the original approval decision of the CBRC shall become null and void.
外国银行代表处应当自中国银监会批准设立之日起6个月内迁入固定的办公场所,超出6个月后仍未开始办公的,中国银监会原批准决定失效。
Article 33: Once the representative office of a foreign bank has moved into permanent office premises, it shall submit the following materials to the CBRC office of the place where it is located:
第三十三条 外国银行代表处迁入固定办公场所后,应当向所在地中国银监会派出机构报送下列资料:
(1) a form for the registration of the basic particulars of the representative office;
(一) 代表处基本情况登记表;
(2) a photocopy of the business registration certificate;
(二) 工商登记証复印件;
(3) details of its internal control systems, including its duty arrangements, internal division of labour and internal reporting system, etc.;
(三) 内部管理制度,内容包括代表处的职责安排、内部分工以及内部报告制度等;
(4) a photocopy of the lease contract or title certificate for the office premises;
(四) 办公场所的租赁合同或者产权証明复印件;
(5) information on the office facilities equipped and on the lease of data communication lines from the telecommunications department;
(五) 配备办公设施以及租赁电信部门数据通讯线路的情况;
(6) specimens of its official stamp and letterhead paper, and of the business cards of its working personnel; and
(六) 公章、公文纸样本以及工作人员对外使用的名片样本;
(7) other materials required by the CBRC.
(七) 中国银监会要求的其他资料。
Article 34: The "other materials" mentioned in Item (6) of Article 17 of the Regulations shall, at minimum, include photocopies of the proof of identity and academic qualifications of the main person in charge and a statement signed by him/her that he/she does not have a record of improper conduct.
第三十四条 《条例》第十七条第(六)项所称其他资料,至少包括主要负责人的身份証明和学历証明的复印件及其签署的无不良记录陈述书。
For the purposes of Article 17 of the Regulations and the preceding paragraph of this Article, the term "main person in charge" means the chairperson of the board of directors, manager (or chief executive officer or general manager).
《条例》第十七条以及本条前款所称主要负责人是指董事长、行长(首席执行官、总经理)。
Article 35: If a wholly foreign-owned bank or Sino-foreign equity joint venture bank is to make a change to its registered capital or shareholders or adjust its shareholders' shareholding percentages, or if a foreign bank is to make a change to the operating capital of a branch in China, it shall submit the following application materials (in duplicate) to the local banking regulatory bureau, with a copy to the CBRC office of the place where the foreign-invested banking institution of a business nature is located:
第三十五条 外商独资银行、中外合资银行变更注册资本、变更股东或者调整股东持股比例,外国银行变更在中国境内分行营运资金,应当将下列申请资料报送所在地银监局(一式两份),同时抄送外资银行营业性机构所在地中国银监会派出机构:
(1) a written application addressed to the chairperson of the CBRC and signed by the chairperson of the board of directors or manager (or chief executive officer or general manager) of the applicant;
(一) 申请人董事长或者行长(首席执行官、总经理)签署的致中国银监会主席的申请书;
(2) the resolution of the board of directors of the wholly foreign-owned bank or Sino-foreign equity joint venture bank on the change;
(二) 外商独资银行、中外合资银行关于变更事项的董事会决议;
(3) the resolutions of the boards of directors or the opinions signed by the legal representatives of the investors in the wholly foreign-owned bank or Sino-foreign equity joint venture bank on the change, and if the transferor or the intended transferee of the wholly foreign-owned bank or Sino-foreign equity joint venture bank is financial institution, the opinion of the financial regulator of its domicile country or region on the change;
(三) 外商独资银行、中外合资银行出资各方关于变更事项的董事会决议或者其法定代表人签署的意见书,外商独资银行、中外合资银行转让方和拟受让方是金融机构的,应当报送所在国家或者地区金融监管当局关于变更事项的意见书;
(4) the transfer agreement or contract executed by the relevant shareholder(s) of the wholly foreign-owned bank or Sino-foreign equity joint venture bank; and
(四) 外商独资银行、中外合资银行相关股东签署的转让协议或者合同;
(5) other materials required by the CBRC.
(五) 中国银监会要求的其他资料。
The local banking regulatory bureau shall forward the application materials together with its review opinion to the CBRC within 20 days from the date of receipt of the complete set of application materials.
所在地银监局应当自收到完整的申请资料之日起20日内将申请资料连同审核意见报送中国银监会。
The CBRC shall render its decision on whether or not to approve the change and notify the applicant in writing within three months from the date of receipt of the complete set of application materials. If it decides to withhold its approval, it shall specify the reason therefor.
中国银监会应当自收到完整的申请资料之日起3个月内作出批准或者不批准变更的决定,并书面通知申请人。决定不批准的,应当说明理由。
Article 36: If a foreign-invested banking institution of a business nature receives approval to make a change to its registered capital or operating capital, or its shareholders or adjust its shareholders' shareholding percentages, it shall engage a qualified accounting firm lawfully established in China to carry out a capital verification and submit the capital verification certificate to the CBRC office of the place where it is located within 30 days from the date of receipt of the approval document from the CBRC.
第三十六条 外资银行营业性机构获准变更注册资本或者营运资金、变更股东或者调整股东持股比例,应当自接到中国银监会批准文件之日起30日内,聘请在中国境内依法设立的合格的会计师事务所进行验资,并将验资証明报送所在地中国银监会派出机构。
Article 37: If, due to a merger or division, a foreign bank intends to change the names of its (sub-)branches in China, it may submit a preliminary application together with the following application materials to the CBRC:
第三十七条 外国银行因合并、分立拟变更其在中国境内分支机构名称的,可以向中国银监会提出初步申请,并报送下列申请资料:
(1) a written application addressed to the chairperson of the CBRC and signed by the chairperson of the board of directors or manager (or chief executive officer or general manager) of the foreign bank; and
(一) 外国银行董事长或者行长(首席执行官、总经理)签署的致中国银监会主席的申请书;
(2) the permission document or approval certificate issued by the financial regulator of the foreign bank's domicile country or region with respect to its merger or division.
(二) 外国银行所在国家或者地区金融监管当局对其合并、分立的许可文件或者批准书。
Once the CBRC has received the complete set of application materials, it shall confirm the application in the form of a signed letter.
中国银监会收到完整的申请资料后,以签署信函的形式确认其申请。
Within five days of the occurrence of the formal merger, division or other such change, the foreign bank shall report the same to the CBRC and the CBRC offices of the places where its (sub-)branches in China are located and, within 30 days, it shall submit the following application materials (in duplicate) to the CBRC:
外国银行应当在正式合并、分立等变更事项发生5日内,向中国银监会及该外国银行在中国境内分支机构所在地中国银监会派出机构报告,并于30日内将下列申请资料报送中国银监会(一式两份):
(1) a written application addressed to the chairperson of the CBRC and signed by the chairperson of the board of directors or manager (or chief executive officer or general manager) of the applicant;
(一) 申请人董事长或者行长(首席执行官、总经理)签署的致中国银监会主席的申请书;
(2) a completed application form issued by the CBRC;
(二) 填写好的中国银监会印发的申请表;
(3) the applicant's articles of association;
(三) 申请人章程;
(4) an organizational chart of the applicant and lists of its board members and major shareholders;
(四) 申请人组织结构图、董事会以及主要股东名单;
(5) an undertaking of liability for the taxes and debts of its branches in China signed by the chairperson of the board of directors or manager (or chief executive officer or general manager) of the applicant;
(五) 申请人董事长或者行长(首席执行官、总经理)签署的对其在中国境内分行承担税务、债务的责任保証书;
(6) the applicant's consolidated financial statements;
(六) 申请人合并财务报表;
(7) the résumés and photocopies of the proofs of identity and academic qualifications of the managers (or general managers) of the applicant's branches in China and chief representative(s);
(七) 申请人在中国境内分行行长(总经理)、首席代表的简历、身份証明和学历証明的复印件;
(8) the powers of attorney of the managers (or general managers) of the applicant's branches in China and chief representative(s) signed by its chairperson of the board of directors or manager (or chief executive officer or general manager);
(八) 申请人董事长或者行长(首席执行官、总经理)或者授权签字人签署的对其在中国境内分行行长(总经理)、首席代表的授权书;
(9) a photocopy of the applicant's business licence or a photocopy of another document granting permission to engage in the finance business and the permission document or approval certificate issued by the financial regulator of the foreign bank's domicile country or region with respect to the change; and
(九) 申请人营业执照复印件或者其他经营金融业务许可文件复印件以及所在国家或者地区金融监管当局对外国银行变更事项的许可文件或者批准书;
(10) other materials required by the CBRC.
(十) 中国银监会要求的其他资料。
At the time that the foreign bank submits the preliminary application and the formal application materials for the change to the CBRC, it shall forward copies of the application materials to CBRC offices of the places where its (sub-)branches in China are located.
外国银行在向中国银监会递交变更的初步申请和正式申请资料的同时,应当将申请资料抄送该外国银行在中国境内分支机构所在地中国银监会派出机构。
The CBRC shall render its decision on whether or not to approve the change and notify the applicant in writing within three months from the date of receipt of the complete set of application materials. If it decides to withhold its approval, it shall specify the reason therefor.
中国银监会应当自收到完整的申请资料之日起3个月内作出批准或者不批准变更的决定,并书面通知申请人。决定不批准的,应当说明理由。
Article 38: If a foreign bank applies to change the names of its (sub-)branches in China for another reason, it shall submit the following application materials (in duplicate) to the CBRC, with copies to the CBRC offices of the places where its (sub-)branches in China are located:
第三十八条 外国银行因其他原因申请变更在中国境内分支机构名称的,应当将下列申请资料报送中国银监会(一式两份),同时抄送外国银行在中国境内分支机构所在地中国银监会派出机构:
(1) a written application addressed to the chairperson of the CBRC and signed by the chairperson of the board of directors or manager (or chief executive officer or general manager) of the applicant; and
(一) 申请人董事长或者行长(首席执行官、总经理)签署的致中国银监会主席的申请书;
(2) a photocopy of the applicant's post-change business licence or a photocopy of another document granting permission to engage in the finance business and the approval certificate for its change of name issued by the financial regulator of the its domicile country or region; and
(二) 更名后营业执照复印件或者其他经营金融业务许可文件复印件以及外国银行所在国家或者地区金融监管当局对其更名的批准书;
(3) other materials required by the CBRC.
(三) 中国银监会要求的其他资料。
The CBRC shall render its decision on whether or not to approve the change and notify the applicant in writing within three months from the date of receipt of the complete set of application materials. If it decides to withhold its approval, it shall specify the reason therefor.
中国银监会应当自收到完整的申请资料之日起3个月内作出批准或者不批准变更的决定,并书面通知申请人。决定不批准的,应当说明理由。
Article 39: The post-merger or post-division registered capital or operating capital and scope of business of a foreign-invested banking institution of a business nature shall be subject to approval anew by the CBRC.
第三十九条 外资银行营业性机构合并、分立后的注册资本或者营运资金、业务范围由中国银监会重新批准。
Article 40: If a wholly foreign-owned bank or Sino-foreign equity joint venture bank is to change its name, it shall submit to the CBRC a written application (in duplicate) addressed to the chairperson of the CBRC and signed by its chairperson of the board of directors or manager (or chief executive officer or general manager), with a copy to the CBRC office of the place where its head office is located.
第四十条 外商独资银行、中外合资银行更名,应当向中国银监会报送由其董事长或者行长(首席执行官、总经理)签署的致中国银监会主席的申请书(一式两份),同时抄送其总行所在地中国银监会派出机构。
The CBRC shall render its decision on whether or not to approve the change and notify the applicant in writing within three months from the date of receipt of the complete set of application materials. If it decides to withhold its approval, it shall specify the reason therefor.
中国银监会应当自收到完整的申请资料之日起3个月内作出批准或者不批准变更的决定,并书面通知申请人。决定不批准的,应当说明理由。
Article 41: If a foreign-invested banking institution of a business nature or a (sub-)branch thereof is to change its place of business within the same city, or if the representative office of a foreign bank is to change its office address within the same city, it shall submit the following application materials to the CBRC office of the place where it is located:
第四十一条 外资银行营业性机构及其分支机构在同一城市内变更营业场所或者外国银行代表处在同一城市内变更办公地址,应当将下列申请资料报送所在地中国银监会派出机构:
(1) a written application addressed to the CBRC office of the place where it is located and signed by the chairperson of the board of directors or manager (or chief executive officer or general manager) of the wholly foreign-owned bank or Sino-foreign equity joint venture bank, or the manager (or general manager) of the foreign bank's branch or the chief representative of the representative office;
(一) 外商独资银行、中外合资银行的董事长或者行长(首席执行官、总经理)、外国银行分行的行长(总经理)或者代表处首席代表签署的致所在地中国银监会派出机构的申请书;
(2) a photocopy of the letter of intent on the lease or purchase contract for the place of business or office address to which the foreign-invested bank intends to relocate; and
(二) 外资银行拟迁入营业场所或者办公地址的租赁或者购买合同意向书复印件;
(3) other materials required by the CBRC.
(三) 中国银监会要求的其他资料。
The local CBRC office shall conduct an acceptance check of the proposed new place of business of the foreign-invested banking institution of a business nature or its (sub-)branch. If the place of business passes the acceptance check, the CBRC office shall issue an acceptance opinion, and if it fails to pass the acceptance check, the CBRC office shall explain the reason therefor. The foreign-invested banking institution of a business nature may reapply to the CBRC office for a new acceptance check commencing 10 days after receipt of the notice of the failure to pass the acceptance check.
所在地中国银监会派出机构应当对外资银行营业性机构及其分支机构拟变更的营业场所进行验收。验收合格的,应当发给验收合格意见书。验收不合格的,应当说明理由。外资银行营业性机构可以在接到验收不合格通知书之日起10日后向所在地中国银监会派出机构申请复验。
The CBRC office shall render its decision on whether or not to approve the change in place of business or office address and notify the applicant in writing within three months from the date of receipt of the complete set of application materials. Additionally, it shall forward such decision by level to the CBRC. If it decides to withhold its approval, it shall specify the reason therefor.
所在地中国银监会派出机构应当自收到完整的申请资料之日起3个月内作出批准或者不批准变更营业场所或者办公地址的决定,并书面通知申请人,同时逐级抄报中国银监会。决定不批准的,应当说明理由。
The foreign-invested bank may not relocate to its new place of business or office address until it has received the approval for the change from the CBRC office of the place where it is located.
外资银行在获得所在地中国银监会派出机构批准其变更营业场所或者办公地址前,不得迁入新的营业场所或者办公地址。
Article 42: If a change in the matters stated in the articles of association of a wholly foreign-owned bank or Sino-foreign equity joint venture bank occurs, the wholly foreign-owned bank or Sino-foreign equity joint venture bank shall amend its articles of association within one year after such change. When applying to amend its articles of association, the applicant shall submit the following application materials (in duplicate) to the banking regulatory bureau of the place where it is located, with a copy to the CBRC office of the place where it is located:
第四十二条 外商独资银行、中外合资银行章程所列内容发生变动,应当在其章程所列内容变动后1年内修改章程。申请修改章程,申请人应当将下列申请资料报送所在地银监局(一式两份),同时抄送所在地中国银监会派出机构:
(1) a written application addressed to the chairperson of the CBRC and signed by the chairperson of the board of directors or manager (or chief executive officer or general manager) of the applicant;
(一) 申请人董事长或者行长(首席执行官、总经理)签署的致中国银监会主席的申请书;
(2) the resolution of the shareholders' general meeting or board of directors of the applicant;
(二) 申请人股东会或者董事会决议;
(3) the applicant's existing articles of association and a draft of the new articles of association;
(三) 申请人的原章程和新章程草案;
(4) a comparative table showing the changes between the existing articles of association and the draft of the new articles of association;
(四) 原章程和新章程草案变动对照表;
(5) a legal opinion on the draft of the new articles of association issued by a law firm lawfully established in China; and
(五) 由在中国境内依法设立的律师事务所出具的对新章程草案的法律意见书;
(6) other materials required by the CBRC.
(六) 中国银监会要求的其他资料。
The local banking regulatory bureau shall forward the application materials together with its review opinion to the CBRC within 20 days from the date of receipt of the complete set of application materials.
所在地银监局应当自收到完整的申请资料之日起20日内将申请资料连同审核意见报送中国银监会。
The CBRC shall render its decision on whether or not to approve the amendment of the articles of association and notify the applicant in writing within three months from the date of receipt of the complete set of application materials. If it decides to withhold its approval, it shall specify the reason therefor.
中国银监会应当自收到完整的申请资料之日起3个月内作出批准或者不批准修改章程的决定,并书面通知申请人。决定不批准的,应当说明理由。
Article 43: If a foreign-invested banking institution of a business nature intends to suspend business for a period between three days (inclusive) and six months, it shall submit an application to the CBRC office of the place where it is located, explaining the reason for the suspension and setting forth the arrangements for the period during which its business are suspended.
第四十三条 外资银行营业性机构临时停业3天以上6个月以下,应当向所在地中国银监会派出机构提出申请,并说明理由以及临时停业期间安排。
The local CBRC office shall render its decision on whether or not to approve the suspension of business within 10 days from the date of receipt of the application for the suspension of business from the foreign-invested banking institution of a business nature. If it decides to withhold its approval, it shall specify the reason therefor.
所在地中国银监会派出机构应当自收到外资银行营业性机构临时停业申请之日起10日内作出批准或者不批准临时停业的决定。决定不批准的,应当说明理由。
If its suspension of business is approved, the foreign-invested banking institution of a business nature shall post an announcement to such effect at its place of business.
经批准临时停业的,外资银行营业性机构应当在营业场所外公告。
Article 44: Once the approved period of suspension of business expires or the reason for the suspension of business is eliminated, the institution that suspended business shall resume its business. The applicant that has applied for suspension of business earlier shall submit a report to the CBRC office of the place where it is located within five days after resuming business. If the institution's place of business was constructed anew, the applicant may only resume business once it has submitted to the local CBRC office a photocopy of the letter of intent on the lease or on the purchase contract for the place of business and photocopies of the structure safety and fire safety certificates.
第四十四条 经批准的临时停业期限届满或者导致临时停业的原因消除,临时停业机构应当复业。原申请人应当在复业后5日内向所在地中国银监会派出机构报告。营业场所重新修建的,申请人应当向所在地中国银监会派出机构报送营业场所的租赁或者购买合同意向书的复印件、安全和消防合格証明的复印件方可复业。
If, under special circumstances, the period of suspension of business needs to be extended, a new application shall be made in accordance with Article 43 hereof.
特殊情况需要延长临时停业期限的,应当按照本细则第四十三条规定重新申请。
Article 45: If a foreign-invested banking institution of a business nature is characterized by any of the circumstances specified in Article 27 of the Regulations and needs to amend the particulars recorded on its finance permit, it shall carry out amendment procedures in accordance with relevant provisions for the administration of finance permits.
第四十五条 外资银行营业性机构有《条例》第二十七条所列情形须变更金融许可証所载内容的,应当根据金融许可証管理的有关规定办理变更事宜。
If a capital verification is required, the foreign-invested banking institution of a business nature shall submit the capital verification certificate issued by a qualified accounting firm lawfully established in China to the CBRC office of the place where the institution is located. If an acceptance check is required, the CBRC office of the place where the foreign-invested banking institution of a business nature is located shall conduct the acceptance check.
需要验资的,外资银行营业性机构应当将在中国境内依法设立的合格的会计师事务所出具的验资証明报送所在地中国银监会派出机构。需要验收的,外资银行营业性机构所在地中国银监会派出机构应当进行验收。
The foreign-invested banking institution of a business nature shall carry out procedures for the amendment of registration with, and collect its new business licence from, the administration for industry and commerce on the strength of the approval document from the CBRC.
外资银行营业性机构持中国银监会的批准文件向工商行政管理机关办理变更登记,换领营业执照。
If the foreign-invested banking institution of a business nature is characterized by any of the circumstances specified in Items (1) to (3) of Article 27 of the Regulations, it shall publish an announcement in the national newspaper(s) designated by the CBRC and the local newspaper(s) designated by the CBRC office of the place where it is located. The announcement shall be made within 30 days from the effective date of the business licence.
外资银行营业性机构有《条例》第二十七条第(一)项至第(三)项所列情形之一的,应当在中国银监会指定的全国性报纸以及所在地中国银监会派出机构指定的地方性报纸上公告。公告应当自营业执照生效之日起30日内完成。
Article 46: After a representative office of a foreign bank has changed its name, changed its office premises or another such change has occurred, it shall publish an announcement in the local newspaper(s) designated by the CBRC office of the place where it is located after it has completed the procedures for amendment of business registration.
第四十六条 外国银行代表处发生更名、变更办公场所等变更事项,应当在办理变更工商登记手续后在所在地中国银监会派出机构指定的地方性报纸上公告。
PART THREE: SCOPE OF BUSINESS
第三章 业务范围
Article 47: "Dealing in government bonds and financial bonds, and dealing in other negotiable securities, other than stocks, denominated in foreign currencies" as mentioned in Item (4) of Article 29 and Item (4) of Article 31 of the Regulations includes but is not limited to the following foreign exchange investment business: Chinese and foreign government bonds, bonds of Chinese financial institutions and bonds of Chinese non-financial institutions issued outside China.
第四十七条 《条例》第二十九条第(四)项、第三十一条第(四)项所称买卖政府债券、金融债券,买卖股票以外的其他外币有价証券包括但不限于下列外汇投资业务:在中国境外发行的中国和外国政府债券、中国金融机构债券和中国非金融机构债券。
Article 48: For the purposes of Item (12) of Article 29 and Item (11) of Article 31 of the Regulations, the phrase "provision of credit investigation and consulting services" means credit investigation and consulting services relating to banking business.
第四十八条 《条例》第二十九条第(十二)项和第三十一条第(十一)项所称资信调查和咨询服务是指与银行业务有关的资信调查和咨询服务。
Article 49: A foreign bank's branch that engages in the foreign exchange business specified in Article 31 of the Regulations shall have operating capital of not less than Rmb200 million or the equivalent in a freely convertible currency.
第四十九条 外国银行分行经营《条例》第三十一条规定的外汇业务,营运资金应当不少于2亿元人民币或者等值的自由兑换货币。
Article 50: A foreign bank's branch that engages in the foreign exchange business and renminbi business specified in Article 31 of the Regulations shall have operating capital of not less than Rmb300 million or the equivalent in a freely convertible currency, and not less than Rmb100 million thereof shall be operating capital denominated in renminbi.
第五十条 外国银行分行经营《条例》第三十一条规定的外汇业务和人民币业务,营运资金应当不少于3亿元人民币或者等值的自由兑换货币,其中人民币营运资金应当不少于1亿元人民币。
Article 51: A foreign bank's branch that has been converted into a wholly foreign-owned bank in which its head office is the sole investor may succeed to all of the business that the foreign bank's former branch was approved to engage in.
第五十一条 外国银行分行改制的由其总行单独出资的外商独资银行可以承继原外国银行分行已经获准经营的全部业务。
Article 52: A wholly foreign-owned bank or Sino-foreign equity joint venture bank shall authorize its (sub-)branches to engage in business falling within its approved scope of business.
第五十二条 外商独资银行、中外合资银行在获准的业务范围内授权其分支机构开展业务。
A foreign bank's branch shall authorize its sub-branches in the same city to engage in business falling within its approved scope of business.
外国银行分行在获准的业务范围内授权其同城支行开展业务。
Article 53: Article 34 of the Regulations refers to the conditions that a foreign-invested banking institution of a business nature is required to satisfy when applying to engage in renminbi business for the first time and Items (1) and (2) thereof mean that the foreign-invested banking institution of a business nature intending to apply to engage in renminbi business has been in business for three years or more and that it has been profitable for two years in succession prior to the submission of its application. The phrase "has been in business for three years" means a full three years from the date on which the foreign-invested banking institution of a business nature received approval to commence business to the application date. The phrase "has been profitable for two years in succession prior to the submission of its application" means that the financial accounting reports of the foreign-invested banking institution of a business nature for the two financial years prior to the date of the application indicate a profit.
第五十三条 《条例》第三十四条是指外资银行营业性机构初次申请经营人民币业务应当具备的条件,其中第(一)项、第(二)项是指拟申请经营人民币业务的外资银行营业性机构开业3年以上,申请前2年连续盈利。开业3年是指自外资银行营业性机构获准开业之日起至申请日止满3年,申请前2年连续盈利是指外资银行营业性机构截至申请日的前2个会计年度经审计的财务会计报告显示盈利。
A foreign-invested banking institution of a business nature that has received approval to engage in renminbi business and applies to expand the scope of the customers to which it provides the renminbi services shall satisfy the prudential conditions specified by, and be subject to the examination and approval of, the CBRC.
已经获准经营人民币业务的外资银行营业性机构申请扩大人民币业务服务对象范围,应当具备中国银监会规定的审慎性条件,并经中国银监会审批。
Article 54: A wholly foreign-owned bank or Sino-foreign equity joint venture bank that provides renminbi services to citizens in China shall, in addition to satisfying the prudential conditions specified by the CBRC, have business outlets that conform with the particular characteristics of its business and its business development requirements.
第五十四条 外商独资银行、中外合资银行经营对中国境内公民的人民币业务,除应当具备中国银监会规定的审慎性条件外,还应当具备符合业务特点以及业务发展需要的营业网点。
Article 55: When a foreign-invested banking institution of a business nature applies to engage in renminbi business or expand the scope of the customers to which it provides renminbi services, it shall submit the following application materials (in duplicate) to the banking regulatory bureau of the place where it is located, with a copy to the CBRC office of the place where it is located:
第五十五条 外资银行营业性机构申请经营人民币业务或者扩大人民币业务服务对象范围,应当将下列申请资料报送所在地银监局(一式两份),同时抄送所在地中国银监会派出机构:
(1) a written application addressed to the chairperson of the CBRC and signed by the chairperson of the board of directors or manager (or chief executive officer or general manager) of the applicant;
(一) 申请人董事长或者行长(首席执行官、总经理)签署的致中国银监会主席的申请书;
(2) a feasibility study report;
(二) 可行性研究报告;
(3) details of the internal control systems and operating rules for the proposed business;
(三) 拟经营业务的内部控制制度及操作规程;
(4) audited balance sheets and profit and loss statements for the two financial years preceding the application date; and
(四) 截至申请日的前2个会计年度经审计的资产负债表及损益表;
(5) other materials required by the CBRC.
(五) 中国银监会要求的其他资料。
The local banking regulatory bureau shall forward the application materials together with its review opinion to the CBRC within 20 days from the date of receipt of the complete set of application materials.
所在地银监局应当自收到完整的申请资料之日起20日内将申请资料连同审核意见报送中国银监会。
The CBRC shall render its decision on whether or not to approve the engagement in renminbi business or expansion of the scope of the customers to which the renminbi services are provided and notify the applicant in writing within three months from the date of receipt of the complete set of application materials. If it decides to withhold its approval, it shall specify the reason therefor.
中国银监会应当自收到完整的申请资料之日起3个月内作出批准或者不批准经营人民币业务或者扩大人民币业务服务对象范围的决定,并书面通知申请人。决定不批准的,应当说明理由。
Article 56: The foreign-invested banking institution of a business nature shall complete the following preparatory work within four months from the date of receipt of the approval from the CBRC for engaging in renminbi business or expanding the scope of the customers to which its provides renminbi services:
第五十六条 外资银行营业性机构应当自接到中国银监会批准其经营人民币业务或者扩大人民币业务服务对象范围之日起4个月内完成下列筹备工作:
(1) having a sufficient number of business personnel that satisfy its business development requirements;
(一) 配备符合业务发展需要的、适当数量的业务人员;
(2) printing of important business vouchers and receipts to be used externally and submitting specimens thereof to the CBRC office of the place it is located;
(二) 印制拟对外使用的重要业务凭証和单据,并将样本报送所在地中国银监会派出机构;
(3) putting in place security facilities approved by the relevant departments and submitting photocopies of the relevant supporting documentation to the CBRC office of the place where it is located;
(三) 配备经有关部门认可的安全防范设施,并将有关証明的复印件报送所在地中国银监会派出机构;
(4) establishing sound internal control systems and operating rules for the renminbi business and submitting details to the CBRC office of the place where it is located; and
(四) 建立健全人民币业务的内部控制制度和操作规程,并报送所在地中国银监会派出机构;
(5) if it needs to increase its registered capital or operating capital, engaging a qualified accounting firm lawfully established in China to carry out a capital verification and submitting the capital verification certificate to the CBRC office of the place where it is located.
(五) 外资银行营业性机构需要增加注册资本或者营运资金的,应当聘请在中国境内依法设立的合格的会计师事务所验资,并将验资証明报送所在地中国银监会派出机构。
If the foreign-invested banking institution of a business nature fails to complete the preparatory work within four months, the CBRC's earlier approval decision shall automatically become null and void.
外资银行营业性机构未能在4个月内完成筹备工作的,中国银监会原批准决定自动失效。
Article 57: Once a foreign-invested banking institution of a business nature has completed its preparatory work, it shall apply to the CBRC office of the place where it is located for an acceptance check. The CBRC office of the place where it is located shall conduct the acceptance check within 10 days. If the foreign-invested banking institution of a business nature passes the acceptance check, it shall be issued an acceptance opinion. If it fails the acceptance check, it may apply to the CBRC office of the place where it is located for a re-check commencing 10 days after the date of receipt of the notice.
第五十七条 外资银行营业性机构在筹备工作完成后,应当向所在地中国银监会派出机构提出验收,所在地中国银监会派出机构应当在10日内进行验收。验收合格的,应当发给验收合格意见书。验收不合格的,外资银行营业性机构可以自接到通知书10日后向所在地中国银监会派出机构提出复验。
The foreign-invested banking institution of a business nature shall collect its approval certificate from the CBRC on the strength of the acceptance opinion.
外资银行营业性机构持验收合格意见书到中国银监会领取批准书。
Article 58: Branches of a wholly foreign-owned bank or Sino-foreign equity joint venture bank shall, as authorized, engage in renminbi business within the scope of business of their head office. Before commencing such business, such a branch shall carry out the preparatory work in accordance with Article 56 hereof and submit to the CBRC office of the place where it is located the authorization letter from its head office to engage in renminbi business.
第五十八条 外商独资银行分行、中外合资银行分行在其总行业务范围内经授权经营人民币业务。在开展业务前,应当按照本细则第五十六条的规定进行筹备并将总行对其经营人民币业务的授权书报送所在地中国银监会派出机构。
Once the branch of a wholly foreign-owned bank or Sino-foreign equity joint venture bank has completed its preparatory work, it shall apply to the CBRC office of the place where it is located for an acceptance check. The CBRC office of the place where it is located shall conduct the acceptance check within 10 days after receipt of the materials for the acceptance check. If the branch passes the acceptance check, it shall be issued an acceptance opinion. If it fails the acceptance check, it may apply to the CBRC office of the place where it is located for a re-check commencing 10 days after the date of receipt of the notice.
筹备工作完成后,外商独资银行分行、中外合资银行分行应当向所在地中国银监会派出机构提出验收。所在地中国银监会派出机构应当自收到验收资料后10日内进行验收。验收合格的,应当发给验收合格意见书。验收不合格的,外商独资银行分行、中外合资银行分行可以自接到通知书10日后向所在地中国银监会派出机构提出复验。
The branch of the wholly foreign-owned bank or Sino-foreign equity joint venture bank shall collect its written confirmation for engaging in renminbi business from the CBRC on the strength of the acceptance opinion and carry out the procedures for the amendment of its business licence with the administration for industry and commerce.
外商独资银行分行、中外合资银行分行凭验收合格意见书到中国银监会领取经营人民币业务的确认函,并到工商行政管理机关办理营业执照变更事宜。
Article 59: When a foreign-invested banking institution of a business nature or a (sub-) branch thereof is to engage in renminbi business or expand the scope of the customers to which it provides renminbi services, it shall publish an announcement in the national newspaper(s) designated by the CBRC and the local newspaper(s) designated by the CBRC office of the place where it is located.
第五十九条 外资银行营业性机构及其分支机构经营人民币业务或者扩大人民币业务服务对象范围,应当在中国银监会指定的全国性报纸和所在地中国银监会派出机构指定的地方性报纸上公告。
Article 60: If a foreign-invested banking institution of a business nature is to engage in the business specified in Item (13) of Article 29 or Item (12) of Article 31 of the Regulations, it shall submit the following application materials (in duplicate) to the banking regulatory bureau of the place where the head office of the wholly foreign-owned bank or Sino-foreign equity joint venture bank, or the foreign bank's managing branch is located, with a copy to the CBRC office of the place where the foreign-invested banking institution of a business nature is located:
第六十条 外资银行营业性机构经营《条例》第二十九条第(十三)项或者第三十一条第(十二)项业务,应当向外商独资银行、中外合资银行总行或者外国银行管理行所在地银监局报送下列申请资料(一式两份),同时抄送外资银行营业性机构所在地中国银监会派出机构:
(1) a written application addressed to the chairperson of the CBRC and signed by the authorized signatory of the applicant;
(一) 申请人授权签字人签署的致中国银监会主席的申请书;
(2) a detailed description of the proposed business and the internal control systems and the operating rules therefor; and
(二) 拟经营业务的详细介绍以及内部控制制度和操作规程;
(3) other materials required by the CBRC.
(三) 中国银监会要求的其他资料。
The local banking regulatory bureau shall forward the application materials together with its review opinion to the CBRC within 20 days from the date of receipt of the complete set of application materials.
所在地银监局应当自收到完整的申请资料之日起20日内将申请资料连同审核意见报送中国银监会。
The CBRC shall render its decision on whether or not to grant its approval and notify the applicant in writing within three months from the date of receipt of the complete set of application materials. If it decides to withhold its approval, it shall specify the reason therefor.
中国银监会应当自收到完整的申请资料之日起3个月内,作出批准或者不批准的决定,并书面通知申请人。决定不批准的,应当说明理由。
Article 61: When a foreign-invested banking institution of a business nature or a (sub-) branch thereof is to deal in a new product falling within its scope of business, it shall report the same in writing to the CBRC office of the place where it is located within five days after commencing to deal in such product. Such report shall include a description of the new product, the characteristics of the risks therein, the internal control systems and operating rules therefor, etc.
第六十一条 外资银行营业性机构及其分支机构经营业务范围内的新产品,应当在经营业务后5日内向所在地中国银监会派出机构书面报告,内容包括新产品介绍、风险特点、内部控制制度和操作规程等。
Article 62: Foreign-funded banking institutions of a business nature may engage in renminbi interbank lending business in accordance with relevant provisions.
第六十二条 外资银行营业性机构可以按照有关规定从事人民币同业借款业务。
PART FOUR: ADMINISTRATION OF PROFESSIONAL QUALIFICATIONS
第四章 任职资格管理
Article 63: For the purposes of the Regulations and these Rules, the term "senior management personnel" means the management personnel of a foreign-invested bank whose qualifications to serve in such capacity are subject to the check and approval of the CBRC or the local banking regulatory bureau.
第六十三条 《条例》和本细则所称高级管理人员是指需经中国银监会或者所在地银监局核准任职资格的外资银行管理人员。
Article 64: Persons serving as the directors, senior management personnel or chief representative of a foreign-invested bank shall be natural persons with full civil capacity and satisfy the following basic conditions:
第六十四条 担任外资银行的董事、高级管理人员和首席代表的人员应当是具有完全民事行为能力的自然人,并具备下列基本条件:
(1) he/she shall be familiar with and abide by the laws, administrative regulations and rules of China;
(一) 熟悉并遵守中国法律、行政法规和规章;
(2) he/she shall have good professional ethics, personal integrity, conduct and reputation, have a good compliance record of the law and other rules and no record of improper conduct;
(二) 具有良好的职业道德、操守、品行和声誉,有良好的守法合规记录,无不良记录;
(3) he/she shall have an undergraduate or higher degree from a university and the professional knowledge, work experience and organizational and management skills appropriate for the position in which he/she serves. If he/she does not have an undergraduate or higher degree from a university, he/she shall have at least six years of finance work experience or at least eight years of related economic work experience (of which at least four years shall be finance work experience); and
(三) 具备大学本科以上(包括大学本科)学历,且具有与担任职务相适应的专业知识、工作经验和组织管理能力;不具备大学本科以上学历,应当相应增加6年以上从事金融或者8年以上相关经济工作经历(其中从事金融工作4年以上);
(4) he/she shall have the independence required to perform his/her duties.
(四) 具有履职所需的独立性。
Article 65: A director, member of the senior management personnel or chief representative of a foreign-invested bank may not perform his/her duties until his/her qualifications to serve in such position have been checked and approved by the CBRC or the local banking regulatory bureau.
第六十五条 外资银行的董事、高级管理人员、首席代表在中国银监会或者所在地银监局核准其任职资格前不得履职。
Article 66: A person may not serve as a director, member of the senior management personnel or chief representative of a foreign-invested bank if:
第六十六条 有下列情形之一的,不得担任外资银行的董事、高级管理人员和首席代表:
(1) he/she has a criminal record involving a deliberate act or gross negligence;
(一) 有故意或者重大过失犯罪记录的;
(2) he/she is serving or has served as a director or member of the senior management personnel of an institution that has gone into receivership, been closed down, merged, declared bankrupt or had its business licence revoked as result of illegal business, unless he/she is able to establish that he/she was not at fault;
(二) 担任或者曾任因违法经营而被接管、撤销、合并、宣告破产或者吊销营业执照的机构的董事或者高级管理人员的,但能够証明自己没有过错的除外;
(3) he/she directed or participated in the interference with or obstruction of a monitoring inspection of, or the investigation of a case involving, an institution in which he/she served that was carried out by the CBRC or an office thereof;
(三) 指使、参与所任职机构阻挠、对抗中国银监会及其派出机构进行监督检查或者案件查处的;
(4) he/she breached professional ethics, violated personal integrity or committed a serious dereliction of duty resulting in the institution in which he/she served incurring a material loss or suffering an adverse effect;
(四) 违反职业道德、操守或者工作严重失职给所任职的机构造成重大损失或者恶劣影响的;
(5) he/she or his/her spouse is burdened by a relatively large debt and is insolvent;
(五) 本人或者其配偶负有数额较大的债务且到期未偿还的;
(6) laws, administrative regulations or departmental rules specify that he/she may not serve as a director, member of the senior management personnel or chief representative of a financial institution; or
(六) 法律、行政法规、部门规章规定的不得担任金融机构董事、高级管理人员或者首席代表的;
(7) he/she is characterized by another circumstance determined by the CBRC.
(七) 中国银监会认定的其他情形。
Article 67: The CBRC shall be responsible for the approval and revocation of the qualifications to serve in their positions in foreign-invested banks of the following persons:
第六十七条 中国银监会负责核准或者取消外资银行下列人员的任职资格:
(1) the chairperson of the board of directors, manager (or chief executive officer or general manager) of wholly foreign-owned banks and Sino-foreign equity joint venture banks, and the manager (or general manager) of the branches of wholly foreign-owned banks and Sino-foreign equity joint venture banks;
(一) 外商独资银行、中外合资银行的董事长、行长(首席执行官、总经理),外商独资银行分行、中外合资银行分行的行长(总经理);
(2) the manager (or general manager) of foreign bank's branches; and
(二) 外国银行分行的行长(总经理);
(3) the chief representative of the representative offices of foreign banks.
(三) 外国银行代表处的首席代表。
Article 68: The CBRC has delegated to the banking regulatory bureaux of the places where foreign-invested banks are located the authority to check and approve professional qualifications when managers of branches of wholly foreign-owned banks and Sino-foreign equity joint venture banks, managers (or general managers) of foreign bank's branches and chief representatives of representative offices are replaced.
第六十八条 中国银监会授权外资银行所在地银监局核准更换外商独资银行分行的行长、中外合资银行分行的行长、外国银行分行的行长(总经理)、代表处首席代表的任职资格。
Article 69: A banking regulatory bureau shall be responsible for the approval and revocation of the qualifications of the following persons to serve in their positions in foreign-invested banks within the bureau's jurisdiction:
第六十九条 银监局负责核准或者取消本辖区外资银行下列人员的任职资格:
(1) the directors, vice chairpersons of the board of directors, board secretary, deputy managers (or deputy general managers), managerial assistant, chief operating officer, chief risk control officer, chief financial officer (or financial controller or person in charge of financial affairs), chief technical officer and persons in charge of internal audits and legal compliance of wholly foreign-owned banks and Sino-foreign equity joint venture banks;
(一) 外商独资银行、中外合资银行的董事、副董事长、董事会秘书、副行长(副总经理)、行长助理、首席运营官、首席风险控制官、首席财务官(财务总监、财务负责人)、首席技朮官、内审负责人和合规负责人;
(2) the deputy manager(s) (or deputy general manager(s)) and person in charge of legal compliance of the branches of wholly foreign-owned banks and Sino-foreign equity joint venture banks and the deputy manager(s) (or deputy general manager(s)) and person in charge of legal compliance of foreign bank's branches;
(二) 外商独资银行分行、中外合资银行分行的副行长(副总经理)和合规负责人,外国银行分行的副行长(副总经理)和合规负责人;
(3) sub-branch managers; and
(三) 支行行长;
(4) other persons who have decision making authority with respect to operations and management or have an important role in risk control.
(四) 其他对经营管理具有决策权或者对风险控制起重要作用的人员。
Article 70: A director, member of the senior management personnel or chief representative of a foreign-invested bank who serves in any of the following positions shall satisfy the conditions set forth below:
第七十条 担任下列职务的外资银行董事、高级管理人员和首席代表应当分别具备下列条件:
(1) if he/she serves as the chairperson of the board of directors of a wholly foreign-owned bank or Sino-foreign equity joint venture bank, he/she shall have at least 8 years of finance work experience or at least 12 years of related economic work experience (of which at least 5 years shall be finance work experience);
(一) 担任外商独资银行、中外合资银行董事长,应当具有8年以上金融工作或者12年以上相关经济工作经历(其中从事金融工作5年以上);
(2) if he/she serves as a vice chairperson of the board of directors of a wholly foreign-owned bank or Sino-foreign equity joint venture bank, he/she shall have at least 5 years of finance work experience or at least 10 years of related economic work experience (of which at least 3 years shall be finance work experience);
(二) 担任外商独资银行、中外合资银行副董事长,应当具有5年以上金融工作或者10年以上相关经济工作经历(其中从事金融工作3年以上);
(3) if he/she serves as the manager (or chief executive officer or general manager) of a wholly foreign-owned bank or Sino-foreign equity joint venture bank, he/she shall have at least 8 years of finance work experience or at least 12 years of related economic work experience (of which at least 4 years shall be finance work experience);
(三) 担任外商独资银行、中外合资银行行长(首席执行官、总经理),应当具有8年以上金融工作或者12年以上相关经济工作经历(其中从事金融工作4年以上);
(4) if he/she serves as the board secretary, deputy manager (or deputy general manager), managerial assistant, chief operating officer, chief risk control officer, chief financial officer (or financial controller or person in charge of financial affairs) or chief technical officer of a wholly foreign-owned bank or Sino-foreign equity joint venture bank or the manager (or general manager) of a branch of a wholly foreign-owned bank, Sino-foreign equity joint venture bank or foreign bank, he/she shall have at least 5 years of finance work experience or at least 10 years of related economic work experience (of which at least 3 years shall be finance work experience);
(四) 担任外商独资银行、中外合资银行董事会秘书、副行长(副总经理)、行长助理、首席运营官、首席风险控制官、首席财务官(财务总监、财务负责人)、首席技朮官,外商独资银行分行、中外合资银行分行、外国银行分行行长(总经理),应当具有5年以上金融工作或者10年以上相关经济工作经历(其中从事金融工作3年以上);
(5) if he/she serves as a director of a wholly foreign-owned bank or Sino-foreign equity joint venture bank, he/she shall have at least 5 years of economic, finance, legal or financial related work experience, and be capable of using financial statements and statistical statements to judge the business, management and risk positions of a bank, understand the bank's corporate governance structure, articles of association, duties of the board of directors and the rights and obligations of the directors;
(五) 担任外商独资银行、中外合资银行董事,应当具有5年以上与经济、金融、法律、财务有关的工作经历,能够运用财务报表和统计报表判断银行的经营、管理和风险状况,理解银行的公司治理结构、公司章程、董事会职责以及董事的权利和义务;
(6) if he/she serves as a deputy manager (or deputy general manager) of a branch of a wholly foreign-owned bank, Sino-foreign equity joint venture bank or foreign bank or as a sub-branch manager, he/she shall have at least 4 years of finance work experience or at least 6 years of related economic work experience (of which at least 2 years shall be finance work experience);
(六) 担任外商独资银行分行、中外合资银行分行、外国银行分行副行长(副总经理),支行行长,应当具有4年以上金融工作或者6年以上相关经济工作经历(其中从事金融工作2年以上);
(7) if he/she serves as the person in charge of internal audits or legal compliance of a wholly foreign-owned bank or Sino-foreign equity joint venture bank, he/she shall have at least 4 years of finance work experience;
(七) 担任外商独资银行、中外合资银行内审负责人和合规负责人,应当具有4年以上金融工作经历;
(8) if he/she serves as the person in charge of legal compliance of a branch of a wholly foreign-owned bank, Sino-foreign equity joint venture bank or foreign bank, he/she shall have at least 3 years of finance work experience; or
(八) 担任外商独资银行分行、中外合资银行分行、外国银行分行合规负责人,应当具有3年以上金融工作经历;
(9) if he/she serves as the chief representative of the representative office of a foreign bank, he/she shall have at least 3 years of finance work experience or at least 6 years of related economic work experience (of which at least 1 year shall be finance work experience).
(九) 担任外国银行代表处首席代表,应当具有3年以上金融工作或者6年以上相关经济工作经历(其中从事金融工作1年以上)。
Article 71: When a foreign-invested bank applies for the check and approval of the qualifications of a person to serve as a director, member of its senior management personnel or chief representative, it shall submit the following application materials (in duplicate) to the banking regulatory bureau of the place where the institution in which he/she is to serve is located, with a copy to the CBRC office of the place where the institution in which he/she is to serve is located:
第七十一条 外资银行申请核准董事、高级管理人员和首席代表任职资格,应当将下列申请资料报送拟任职机构所在地银监局(一式两份),同时抄送拟任职机构所在地中国银监会派出机构:
(1) a written application addressed to the CBRC and signed by the authorized signatory of the applicant: if subject to the approval of the CBRC, addressed to the chairperson of the CBRC, and if subject to the approval of the banking regulatory bureau, addressed to the bureau head of the relevant banking regulatory bureau; the application shall specify the proposed position, duties and authority of the proposed person and the status of the position in the organizational structure of the institution;
(一) 申请人授权签字人签署的致中国银监会的申请书,其中,由中国银监会核准的,致中国银监会主席,由银监局核准的,致有关银监局局长,申请书中应当说明拟任人拟任的职务、职责、权限,及该职务在本机构组织结构中的位置;
(2) the power of attorney of the proposed person signed by the authorized signatory of the applicant and the signatory's power of attorney;
(二) 申请人授权签字人签署的对拟任人的授权书及该签字人的授权书;
(3) photocopies of the proof of identity and academic qualifications of the proposed person;
(三) 拟任人身份証明、学历証明的复印件;
(4) the résumé of the proposed person and a detailed explanation of his/her future duty performance plan;
(四) 拟任人简历和未来履职计划的详细说明;
(5) a statement signed by the proposed person that he/she has no record of improper conduct and an undertaking that he/she will abide by the law and duly perform his/her duties after taking up his/her position;
(五) 由拟任人签署的无不良记录陈述书以及任职后将守法尽责的承诺书;
(6) if the articles of association of the wholly foreign-owned bank or Sino-foreign equity joint venture bank requires the convening of a shareholders' meeting or a meeting of the board of directors, the relevant resolution; and
(六) 外商独资银行、中外合资银行章程规定应当召开股东会或者董事会会议的,还应当报送相应的会议决议;
(7) other materials required by the CBRC.
(七) 中国银监会要求的其他资料。
Article 72: The résumé and the photocopies of the proof of identity and academic qualifications of the proposed person mentioned in the Regulations and these Rules shall be signed by the authorized signatory.
第七十二条 《条例》和本细则所称拟任人的简历、身份証明和学历証明的复印件应当经授权签字人签字。
Article 73: If a proposed person has served as a director, member of the senior management personnel or chief representative of a banking financial institution in China, the CBRC or the local banking regulatory bureau may, as required, before approving his/her qualifications to serve in the proposed position, seek the opinion of the banking regulatory bureau of the place where the institution in which the proposed person previously served is located.
第七十三条 拟任人在中国境内的银行业金融机构担任过董事、高级管理人员和首席代表的,中国银监会或者所在地银监局在核准其任职资格前,可以根据需要征求拟任人原任职机构所在地银监局的意见。
The banking regulatory bureau of the place where the institution in which the proposed person previously served is located shall provide feedback in a timely manner.
拟任人原任职机构所在地银监局应当及时提供反馈意见。
Article 74: After the foreign-invested bank has submitted the professional qualification application materials, the CBRC or local banking regulatory bureau may interview the proposed person before he/she takes up his/her position.
第七十四条 外资银行递交任职资格申请资料后,中国银监会以及所在地银监局可以约见拟任人进行任职前谈话。
Article 75: If the manager (or chief executive officer or general manager) of a foreign-invested banking institution of a business nature or the chief representative of the representative office of a foreign bank is to be absent from his position for one month or more, he/she shall submit a written report to the local CBRC office and designate someone to perform his/her duties on his/her behalf. If, in the absence of special circumstances, he/she is absent from his/her position for three consecutive months or more, he/she shall be replaced.
第七十五条 外资银行营业性机构行长(首席执行官、总经理)、外国银行代表处首席代表离岗连续1个月以上的,应当向所在地中国银监会派出机构书面报告,并指定专人代行其职;无特殊情况离岗连续3个月以上的,应当更换人选。
Article 76: If a director, member of the senior management personnel or chief representative of a foreign-invested bank is characterized by any of the following circumstances, the CBRC or its office may, depending on the circumstances, revoke his/her qualifications to serve in his/her position for a fixed period of time up to a lifetime ban:
第七十六条 外资银行董事、高级管理人员和首席代表存在下列情形之一的,中国银监会及其派出机构可以视情节轻重,取消其一定期限直至终身的任职资格:
(1) he/she has his/her criminal liability pursued in accordance with the law;
(一) 被依法追究刑事责任的;
(2) he/she refuses, interferes with, obstructs or seriously affects the regulation carried out in accordance with the law by the CBRC or its office;
(二) 拒绝、干扰、阻挠或者严重影响中国银监会及其派出机构依法监管的;
(3) the institution in which he/she serves suffers a material property loss or a major financial crime occurs due to a lack of soundness in its internal management and control systems or lax implementation or supervision thereof;
(三) 因内部管理与控制制度不健全或者执行监督不力,造成所任职机构重大财产损失,或者导致重大金融犯罪案件发生的;
(4) the institution in which he/she serves goes into receivership, is merged or is declared bankrupt due to operating in serious violation of laws or regulations, unsound internal controls or long-term incompetent operation and management;
(四) 因严重违法违规经营、内控制度不健全或者长期经营管理不善,造成所任职机构被接管、兼并或者被宣告破产的;
(5) the institution in which he/she serves incurs material losses due to long-term incompetent operation and management;
(五) 因长期经营管理不善,造成所任职机构严重亏损的;
(6) the CBRC discovers that an incumbent director, member of the senior management personnel or chief representative of a foreign-invested bank had committed a violation of laws or regulations before taking up his/her position or other circumstances that make him/her ineligible to serve in his/her position; or
(六) 对已任职的外资银行董事、高级管理人员、首席代表,中国银监会如发现其任职前有违法、违规或者其他不宜担任所任职务的;
(7) he/she is characterized by another circumstance determined by the CBRC.
(七) 中国银监会认定的其他情形。
Article 77: If the qualifications of the proposed person for the position in which he/she is to serve require a submission to the CBRC for check and approval, the local banking regulatory bureau shall forward the application materials together with its review opinion to the CBRC within 20 days from the date of receipt of the complete set of application materials. The CBRC shall render its decision on whether or not to grant its approval and notify the applicant in writing within 30 days from the date of receipt of the complete set of application materials. If it decides to withhold its approval, it shall explain the reason therefor.
第七十七条 拟任人任职资格需报中国银监会核准的,所在地银监局应当自收到完整的申请资料之日起20日内将申请资料连同审核意见报送中国银监会。中国银监会应当自收到完整的申请资料之日起30日内,作出核准或者不核准的决定,并书面通知申请人。决定不核准的,应当说明理由。
If the qualifications of the proposed person for the position in which he/she is to serve require a submission to the local banking regulatory bureau for approval, the local banking regulatory bureau shall render its decision on whether or not to grant its approval and notify the applicant in writing within 30 days from the date of receipt of the complete set of application materials. If it decides to withhold its approval, it shall explain the reason therefor.
拟任人任职资格需报所在地银监局核准的,所在地银监局应当自收到完整的申请资料之日起30日内作出核准或者不核准的决定,并书面通知申请人。决定不核准的,应当说明理由。
PART FIVE: REGULATION
第五章 监督管理
Article 78: A foreign-invested banking institution of a business nature shall establish internal control systems and operating rules appropriate to the development of its China business and shall submit the amendments made to such internal control systems and operating rules to the CBRC office of the place where it is located by the end of March each year.
第七十八条 外资银行营业性机构应当建立与其中国业务发展相适应的内部控制制度和业务操作规程,并于每年3月末前将内部控制制度和业务操作规程的修订内容报送所在地中国银监会派出机构。
Article 79: A wholly foreign-owned bank or Sino-foreign equity joint venture bank shall establish an independent risk management department, compliance department and internal audit department.
第七十九条 外商独资银行、中外合资银行应当设置独立的风险管理部门、合规管理部门和内部审计部门。
A foreign bank's branch shall designate a dedicated department or person to be responsible for compliance work.
外国银行分行应当指定专门部门或者人员负责合规工作。
Article 80: Once a foreign-invested banking institution of a business nature completes an internal audit, it shall timely submit the internal audit report to the CBRC office of the place where it is located. The CBRC office of the place where it is located may adopt appropriate means to communicate with the internal audit personnel of the foreign-invested banking institution of a business nature.
第八十条 外资银行营业性机构结束内部审计后,应当及时将内审报告报送所在地中国银监会派出机构,所在地中国银监会派出机构可以采取适当方式与外资银行营业性机构的内审人员沟通。
Article 81: A foreign-invested banking institution of a business nature shall establish a system for classifying loan risks and submit the correspondence between its loan risk classification criteria and the classification standards specified by the CBRC to the CBRC office of the place where it is located.
第八十一条 外资银行营业性机构应当建立贷款风险分类制度,并将贷款风险分类标准与中国银监会规定的分类标准的对应关系报送所在地中国银监会派出机构。
Article 82: For the purposes of Article 40 of the Regulations, the phrase "provisions on the administration of asset-liability ratios" means the provisions of Article 39 of the PRC Commercial Banking Law.
第八十二条 《条例》第四十条所称资产负债比例管理的规定是指《中华人民共和国商业银行法》第三十九条的规定。
The provisions of the system of indicators for banking regulatory statements shall apply to the method of calculating the asset-liability ratio of wholly foreign-owned banks and Sino-foreign equity joint venture banks and it shall be assessed by way of the consolidated statement approach under which renminbi and foreign currency amounts are calculated together.
外商独资银行、中外合资银行有关资产负债比例的计算方法执行银行业监管报表指标体系的规定,按照本外币合计的并表口径考核。
Article 83: A wholly foreign-owned bank or Sino-foreign equity joint venture bank shall establish a system for the management of affiliated transactions. Affiliated transactions must comply with commercial principles and the transaction terms may not be more favorable than the terms of transactions conducted with non-affiliated parties.
第八十三条 外商独资银行、中外合资银行应当建立关联交易管理制度,关联交易必须符合商业原则,交易条件不得优于与非关联方进行交易的条件。
The CBRC and its offices shall determine affiliated parties and affiliated transactions in accordance with relevant measures for the administration of the affiliated transactions of commercial banks.
中国银监会及其派出机构按照商业银行关联交易有关管理办法的规定对关联方及关联交易进行认定。
Article 84: A foreign-invested banking institution of a business nature shall formulate policies and management systems for the outsourcing of business, including the decision making procedure for the outsourcing of business, the evaluation and management of contractors, measures and contingency plans to control the confidentiality and security of bank information, etc.
第八十四条 外资银行营业性机构应当制定与业务外包相关的政策和管理制度,包括业务外包的决策程序、对外包方的评价和管理、控制银行信息保密性和安全性的措施和应急计划等。
Before a foreign-invested banking institution of a business nature executes an agreement for the outsourcing of business, it shall report to the CBRC office of the place where it is located the principal risks under the agreement and the corresponding risk avoidance measures taken, etc.
外资银行营业性机构签署业务外包协议前应当向所在地中国银监会派出机构报告业务外包协议的主要风险及相应的风险规避措施等。
Article 85: The "interest bearing assets" of a foreign bank's branch as mentioned in Article 44 of the Regulations shall include interest bearing foreign exchange assets and interest bearing renminbi assets.
第八十五条 《条例》第四十四条所称外国银行分行的生息资产包括外汇生息资产和人民币生息资产。
Thirty percent of the operating capital denominated in foreign exchange of a foreign bank's branch shall be interest bearing foreign exchange assets in the form of foreign currency term deposits with a term of at least six months, and 30% of its operating capital denominated in renminbi shall be interest bearing renminbi assets in the form of renminbi denominated sovereign bonds or renminbi term deposits with a term of at least six months.
外国银行分行外汇营运资金的30%应当以6个月以上(含6个月)的外币定期存款作为外汇生息资产;人民币营运资金的30%应当以人民币国债或者6个月以上(含6个月)的人民币定期存款作为人民币生息资产。
The interest bearing assets of a foreign bank's branch in the form of term deposits shall be deposited with no more than three Chinese-invested commercial banks in China whose business is stable and that have a certain strength. A foreign bank's branch may not pledge or buy back interest bearing assets that it holds in the form of sovereign bonds or otherwise treat the interest bearing assets in a manner that affects its control over them.
外国银行分行以定期存款形式存在的生息资产应当存放在中国境内经营稳健、具有一定实力的3家或者3家以下中资商业银行。外国银行分行不得对以人民币国债形式存在的生息资产进行质押回购,或者采取其他影响生息资产支配权的处理方式。
A foreign bank's branch shall submit a report on its interest bearing assets to the CBRC office of the place where it is located at the end of June and again at the end of December each year, which shall specify the banks with which its term deposits are deposited, their amounts and terms, and the interest rates thereon, the amount in renminbi denominated sovereign bonds it holds, their forms and maturity dates, etc.
外国银行分行应当分别于每年6月末和12月末向所在地中国银监会派出机构报告生息资产的存在情况,包括定期存款的存放银行、金额、期限和利率,持有人民币国债的金额、形式和到期日等内容。
If a foreign bank's branch wishes to change the form of its interest bearing assets or a bank with which it has deposited term deposits, it shall require the approval of the CBRC office of the place where it is located. A foreign bank's branch may not utilize its interest bearing assets without the approval of the CBRC office of the place where it is located.
外国银行分行变更生息资产存在形式、定期存款存放银行应当经所在地中国银监会派出机构批准。未经所在地中国银监会派出机构批准,外国银行分行不得动用生息资产。
Article 86: For the purposes of Article 45 of the Regulations, the phrase "the total of operating capital plus reserves, etc." means the total of operating capital, retained profits and general reserve for loan losses; the term "risk assets" means both on and off balance sheet risk-weighted assets calculated in accordance with relevant provisions on risk-weighted assets.
第八十六条 《条例》第四十五条所称营运资金加准备金等项之和是指营运资金、未分配利润和贷款损失一般准备之和,所称风险资产是指按照有关加权风险资产的规定计算的表内、表外加权风险资产。
The percentage specified in Article 45 of the Regulations shall be calculated by each individual branch in China of the foreign bank and the balance shall be assessed at the end of each quarter.
《条例》第四十五条所规定的比例,按照外国银行在中国境内分行单家计算,按季末余额考核。
Article 87: The current assets of a foreign bank's branch shall include cash, gold, deposits with the People's Bank of China, deposits with other banks, placements with other banks maturing within one month, loans to other banks maturing within one month, net assets of transactions with affiliated banks and subsidiaries overseas, interest receivable and other receivables due within one month, loans maturing within one month, bond investments maturing within one month, other bond investments on secondary markets in China and abroad that can be realized at any time and other assets that can be realized within one month. The portion of the foregoing assets that is deemed unrecoverable shall be deducted from the current assets. The interest bearing assets shall not be counted as part of current assets.
第八十七条 外国银行分行的流动性资产包括现金、黄金、在中国人民银行存款、存放同业、1个月内到期的拆放同业、1个月内到期的借出同业、境外联行往来及附属机构往来的资产方淨额、1个月内到期的应收利息及其他应收款、1个月内到期的贷款、1个月内到期的债券投资、在国内外二级市场上可随时变现的其他债券投资、其他1个月内可变现的资产。上述各项资产中应当扣除预计不可收回的部分。生息资产不计入流动性资产。
A foreign bank's branch's current liabilities shall include current deposits, term deposits maturing within one month, deposits from other banks, placements from other banks maturing within one month, loans from other banks maturing within one month, net liabilities of transactions with affiliated banks and subsidiaries overseas, interest payable and other payables maturing within one month and other liabilities maturing within one month. Frozen deposits shall not be counted as part of current liabilities.
外国银行分行的流动性负债包括活期存款、1个月内到期的定期存款、同业存放、1个月内到期的同业拆入、1个月内到期的借入同业、境外联行往来及附属机构往来的负债方淨额、1个月内到期的应付利息及其他应付款、其他1个月内到期的负债。冻结存款不计入流动性负债。
A foreign bank's branch shall calculate its renminbi and foreign currency liquidity percentages separately each day and maintain the same in line with Article 46 of the Regulations. The same shall be assessed by each individual branch in China of the foreign bank.
外国银行分行应当每日按人民币、外币分别计算并保持《条例》第四十六条规定的流动性比例,按照外国银行在中国境内分行单家考核。
Article 88: The "balance of renminbi and foreign currency assets in China" and "the balance of renminbi and foreign currency liabilities in China" mentioned in Article 47 of the Regulations shall be calculated as follows:
第八十八条 《条例》第四十七条所称境内本外币资产余额、境内本外币负债余额按照以下方法计算:
balance of renminbi and foreign currency assets in China = total renminbi and foreign currency assets
境内本外币资产余额=本外币资产总额-境外联行往来(资产)-境外附属机构往来(资产)-境外贷款-存放境外同业-拆放境外同业-买入境外返售资产-境外投资-其他境外资产。
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