China Banking Regulatory Commission, Guidelines for the Consolidated Supervision of Banks (Trial Implementation)

中国银行业监督管理委员会银行并表监管指引 (试行)

April 02, 2008 | BY

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CBRC requires tighter consolidated supervision of banking groups to prevent risks.

Clp Reference: 3610/08.02.04 Promulgated: 2008-02-04 Effective: 2008-02-04

Issued: February 4 2008
Effective: as of date of issuance
Interpreting Authority: the banking regulatory authority

Applicability: These Guidelines shall apply to commercial banks established in the People's Republic of China in accordance with the law and their subordinate organizations (hereinafter collectively referred to as “Banking Groups”). The term “subordinate organizations” means the domestic and foreign subsidiary banks, non-bank financial institutions, non-financial organizations and other organizations falling within the scope of consolidation in accordance herewith that are controlled by a bank (Article 2).

For the purposes of these Guidelines, the term “consolidated supervision” means, on the basis of the supervision of a single legal person, the comprehensive and ongoing supervision of the capital, finances and risks of a Banking Group to identify, weigh, monitor and evaluate its overall risk position (Article 3).

Main Contents: The Guidelines set forth the conditions under which an investee organization of a commercial bank shall be included within the scope of consolidated supervision (Part Two). The Guidelines also detail the elements of consolidated supervision including the capital adequacy ratio, large exposures, internal transactions and other risks (Part Three). Parts Three to Five of the Guidelines cover consolidated supervision methods, cross-border consolidated supervision and consolidated management of Banking Groups.

Related Legislation: PRC Banking Regulation Law, Dec 27 2004, CLP 2004 No.1 p.45; PRC Commercial Banking Law (Revised), Dec 27 2003, CLP 2004 No.1 p.4 & May 10 1995, CLP 1995 No.5 p.32; and Enterprise Accounting Guidelines

clp reference:3610/08.02.04prc reference:银监发 (2008) 5号promulgated:2008-02-04effective:2008-02-04

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