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外资银行并表监管管理办法 Measures for the Administration on Consolidated Financial Statements in Conducting Supervision Over Foreign-funded Banks

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颁布日期:20040308  实施日期:20040401  颁布单位:中国银行业监督管理委员会

  China Banking Regulatory Commission

  March 8th, 2004

  Chapter I General Provisions

  Article 1 The present Measures are hereby formulated for the purpose of implementing the Banking Supervision Law of the People's Republic of China and the Regulations of the People's Republic of China on the Administration of Foreign-funded Financial Institutions and other laws and regulations, for the purpose of regulating the supervision over the consolidation of financial statements and implementing effective risk supervision.

  Article 2 China Banking Regulatory Commission (hereinafter referred to as CBRC) shall be responsible for the guidance over the administration of the consolidation of financial statements in foreign-funded banks.

  Article 3 CBRC shall conduct supervision over the solely foreign-owned banks or joint-stock banks that have established operative branch institutions or affiliated institutions, and foreign banks that have established two or more operative branches in China through the consolidation of financial statements.

  Through the consolidation of financial statements, CBRC can fully supervise over the worldwide operation and risk status of foreign-funded corporate institutions registered in China, the overall business and risk status of the foreign banks in China, and pay attention to the business risk and market behaviors thereof worldwide.

  Article 4 The leading reporting bank as mentioned hereinafter refers to the parent bank of the solely foreign-funded or joint-stock banks, and institutions for reporting consolidated financial statements and comprehensive information, which are designated by the parent bank of a foreign bank or the regional management departments it authorizes and are put on records at the agencies of CBRC. The “supervision bureau of consolidated financial statements ” refers to the agency of CBRC at the place where the leading reporting bank of a foreign-funded bank is located. And “the territorial supervision bureau” refers to the agency of CBRC at the place where other business branches of a foreign-funded bank are located.

  Article 5 The “year” as mentioned in the present Measures refers to the year of the Gregorian calendar from January 1 to December 31. The fiscal year refers to the legal fiscal year of each country.

  Chapter II The Determination of the Leading Reporting Banks and their Functions

  Article 6 The foreign-funded banks that the conditions of consolidated financial statement in conducting supervision as prescribed in Article 3 of the present Measures shall determine a leading reporting bank.

  Article 7 Those foreign-funded corporate institutions that meet the conditions for the supervision over the consolidation of financial statements as a result of the establishment of additional branch institutions or mergers shall file for a record at an agency of the CBRC at the place where the parent bank is located within one month after the conditions are met.

  Where a foreign bank meets the conditions for the supervision over the consolidation of financial statements due to the establishment of additional institutions, its parent bank or authorized regional management department shall assign a leading reporting bank within one month after they have been approved officially by the CBRC. And the leading reporting bank shall then file for a record at the agency of CBRC at the place where it is located, and send a copy to the relevant territorial supervision bureau.

  Article 8 Where a foreign bank needs to change the leading reporting bank, its parent bank or authorized regional management department shall change the leading reporting bank one month before the end of the fiscal year. The former leading reporting bank and newly appointed one shall put this on records at the respective local agencies of the CBRC, and send a copy to the relevant territorial supervision bureau.

  The newly appointed leading reporting bank shall undertake the functions of the leading reporting bank from the next fiscal year.

  Article 9 The leading reporting bank shall employ full-time or part-time eligible managers in the China Region in light of circumstances. The examination on the qualifications for holding such a post shall apply the filing system for the senior management personnel of foreign-funded financial institutions as prescribed in the Detailed Rules for the Implementation of the Regulations of the People's Republic of China on the Administration of the Foreign-funded Financial Institutions.

  Article 10 The leading reporting bank is an institution for the collection of consolidated financial statements and the comprehensive information of a foreign-funded bank. It performs the following functions:

  1. The leading reporting bank shall submit or put on record the supervision statements, statement and report of major matters concerned, and other supervision materials to the supervisory bureaus of consolidated financial statements according to the requirements of supervision, and shall be responsible for the truthfulness, accuracy and timeliness of the contents submitted and filed on record.

  The leading reporting bank shall also be responsible for submitting the business applications concerning several branch banks within China to the supervisory bureaus of consolidated financial statements uniformly, and send a copy thereof to the territorial supervisory bureaus.

  2. The leading reporting bank may attend the work meeting or proseminar convened by the CBRC on behalf of the foreign-funded bank it is subordinated to, and propose opinions and suggestions in the name of the foreign-funded bank. The leading reporting bank, which attends the meeting shall report in time the information of the meeting to the parent bank (general bank) or the regional management departments and circulate a timely notice to other business branches within the territory.

  The opinions and suggestions of foreign-funded banks on relevant Chinese supervision laws and regulations shall be submitted to the supervisory bureaus of consolidated financial statements uniformly by the leading reporting bank after being collected by it, After obtaining the feedback opinions, the leading reporting bank convey them to other business branches within China in time.

  3. The leading reporting bank shall report the relevant information in respect of economy and finance of the parent bank and home country or region as supervision requires;

  4. The leading reporting bank shall be responsible for the information disclosure of the domestic business branches of a foreign-funded bank.;

  5. Implementing other requirements of the supervision bureau;

  The leading reporting bank shall attach electronic documents at the time of submitting written material.

  Article 11 The person in charge of the leading reporting bank shall be responsible for the consolidation of financial statements undertaken by the leading reporting bank.

  Chapter III Non-On-The-Spot Supervision

  Article 12 The CBRC shall be responsible for guiding and supervising over the work of its agencies in the non-on-the-spot supervision over the consolidation of financial statements at foreign-funded banks.

  Article 13 The supervisory bureaus of consolidated financial statements shall supervise over the quarterly reports on consolidated financial statements from the institutions operating at home submitted by the leading reporting bank, of which, the financial statements from the overseas branches and subordinate institutions of a solely foreign-funded bank or joint-stock bank and the consolidated financial statements of a group company shall be reported with written documents by year.

  Article 14 The supervisory bureaus of consolidated financial statements shall see to it that the leading reporting banks file for a timely record of the following matters:

  1. The annual report already publicized and the information disclosure of the business branches operating at home for the fiscal year.

  2. The rating by external rating institutions.

  3. The major news released by the parent bank.

  4. The documents specifying the events under investigation.

  5. Appraisal of the supervision bureau of the home country or region and major supervision measures.

  6. The statement on major adjustment of policies in respect of finance and economy of the home country or region. And

  7. Other relevant documents as prescribed in the Detailed Rules for the Implementation of the Regulations of the People's Republic of China on the Administration of Foreign-funded Financial Institutions

  Article 15 The consolidated financial statement supervision bureaus shall require the leading reporting bank to submit one copy of the Summary Report of the Business Conditions of Foreign Funded Banks half a year, which shall include basic information (the number of operative institutions, number of employees, alteration of the business scope, etc.), the specification on centralization of loan granting, analysis on reserves for losses of loans, the transfer of large amount of assets, analysis on flowing in or out of capitals, connected transaction, listing of overseas loans or investment, and the trends in operation of the business branches, and other contents. There are also statements on alteration of the structure, business strategies, level of capital adequacy, financial status and market credit standing of the parent banks.

  Article 16 The consolidated financial statement supervision bureaus shall be responsible for monitoring the indicators for eligible supervision over the examination through consolidated financial statement on a quarterly basis, and make analysis on the trend of risk supervision indicators and overall business behaviors.

  Article 17 The consolidated financial statement supervision bureaus shall collect the business management systems of foreign-funded banks, and communicate with the leading reporting bank or senior management personnel of regional management departments on contents of risk management of foreign-funded banks such as the pattern of management, management information system, risk and authorization management, compliance management, credit management and financial management, etc……

  Article 18 The consolidated financial statement supervision bureaus shall submit the following matters concerned to the CBRC according to relevant provisions:

  1. The major events concerned and various management systems that have been put on records by foreign-funded banks.

  2. The errors in the reports of the data about consolidated financial statements.

  3. The regulation violation and abnormal alteration of the indexes for examination through consolidated financial statement. And

  4. Attitude toward supervision over consolidated financial statements.

  Article 19 The consolidated financial statement supervision bureaus shall, on the basis of comprehensive analysis of various supervision information and on-the-spot examination, complete the half-year and annual supervision reports on consolidated financial statements

  Article 20 The CBRC shall be responsible for communicating with the supervision authorities of the home country or region of the foreign-funded corporate institutions and the supervision authorities of the home country or region of a foreign bank on issues of supervision they commonly concern, and carry out cooperation on supervision information exchange.

  Article 21 The CBRC shall be responsible for promoting the exchange and share of the comprehensive supervision information within their organs, and provide or disclose the business conditions of the foreign-funded banks within China.

  Article 22 The CBRC shall be responsible for unifying the procedures and requirements for the supervision over the consolidation of financial statements.

  Chapter IV On-the-spot Examination

  Article 23 The CBRC shall be responsible for organizing, guiding and coordinating the on-the-spot examination of consolidated financial statements at foreign-funded banks.

  Article 24 There shall be two ways for organizing on-the-spot examination through consolidated financial statements:

  1. Entrusting the consolidated financial statement supervision bureaus and the territorial supervision bureaus to assign examination groups, and carrying out on-the-spot examination through consolidated financial statements respectively according to examination plans. And

  2. The CBRC shall organize the supervisors of foreign-funded banks to form an examination group to carry out on-the-spot examination through consolidated financial statement on the consolidated financial statement institutions.

  Article 25 The CBRC shall, according to the conditions of risk supervision and periods of on-the-spot examination, determine plans of on-the-spot examination of consolidated financial statement at foreign-funded banks, and put forward guiding requirements for the form, contents and emphasis of the examination.

  Article 26 The CBRC shall adjust the contents of consolidated financial statement for on-the-spot examination in light of realities, and coordinate the time and progress of the examination items. In case the examination group finds any major problem in the examination, it shall report to the CBRC in time.

  Article 27 The CBRC shall uniformly formulate plans of consolidated financial statement for on-the-spot examination organized by it. The examination group shall carry out on-the-spot examination in light of the procedures and requirements as prescribed in the examination handbook and plan, and complete the examination task within the prescribed time limit.

  After ending the on-the-spot task, the examination group shall finish the “Examination Facts and Appraisal” and relevant ratings of CAMELs/ROCA, and make a final confirmation on the facts concerned with the senior management of the examined institution. After the end of the examination, the examination team shall transfer the “Examination Facts and Appraisal” and the result of the grading of CAMELs/ROCA and the examination files to the agency of the CBRC at their locality.

  Upon completion of all the examination plans, the examination group shall collect the report of consolidated financial statement for on-the-spot examination, and report it to the CBRC together with the “Examination Facts and Appraisal” and the ratings of a single institution.

  Article 28 The supervision opinions on consolidated financial statement for on-the-spot examination shall be coordinated uniformly by the CSRC, who shall then propose suggestions according to the “Examination Facts and Appraisal” and reflect to the corresponding agencies of the CBRC.

  Article 29 The agencies of the CBRC shall be responsible for following up and handling the consolidated financial statement for on-the-spot examination.

  The agencies of the CBRC shall, according to the “Examination Facts and Appraisal” and the suggestions of the CBRC, issue opinions on the consolidated financial statement for on-the-spot examination to the institutions at their locality, require them to rectify and correct, and impose punishment on acts in violation of regulations according to relevant provisions.

  The agencies of the CBRC shall, within 3 months after the on-the-spot examination through consolidated financial statement, follow up the implementation of the measures for rectification, or make follow-up on-the-spot examination on the consolidated financial statement institutions at their locality, and report the rectification and correction to CBRC in time.

  Article 30 The CBRC shall be responsible for accepting the application of the supervision bureau of the home country or region of a foreign bank for the transnational on-the-spot examination, and entrust the local agencies of the CBRC and the examination team to exchange opinions on the supervision over the examined institution.

  After the end of the contact, the agencies of the CBRC shall report the information they have acquired to the CBRC in time, and follow up the issues referred to by the examination team.

  Chapter V External Audit and Three Party Talks

  Article 31 Where a foreign-funded bank conforms to the conditions for consolidated financial statement supervision, it shall engage the same accountant office in principle to be responsible for auditing and consolidated financial statement auditing on domestic business branches and affiliated institutions.

  Article 32 The leading reporting bank shall, one month before the end of the fiscal year, put on records the external auditors and auditing group they engage in the current fiscal year at the consolidated financial statement supervision bureau, and send a copy to the corresponding territorial supervision bureau at the same time. In case of changing accountant office, the leading reporting bank shall also submit statement in writing.

  In case the agencies of the CBRC have negative opinions on auditing quality made by the external auditors, who are engaged by the foreign-funded banks, they may make a suggestion to the foreign-funded banks and ask it to change the auditing team or accountant office within 14 working days after receiving the letter of recording.

  Article 33 The external auditors shall communicate with the consolidated financial statement supervision bureau on the auditing requirements before conducting the consolidated financial statement auditing.

  Article 34 The leading reporting banks shall, within 5 months after the end of the fiscal year, report the “Auditing Report for Consolidated Financial Statement” and the “Letter of Suggestion on Management through Consolidated Financial Statement” to the consolidated financial statement supervision bureaus.

  Article 35 The territorial supervision bureaus shall, within 30 days after receiving the External Auditing Report and the Letter of Suggestion on Management, reflect the opinions of appraisal on quality of external auditing to the consolidated financial statement supervision bureau.

  The consolidated financial statement supervision bureaus shall be responsible for making comprehensive appraisal on quality of external auditing through combination of the feedback opinions of each territorial supervision bureau, and issues reflected in the Auditing Report for Consolidated Financial Statement and the Letter of Suggestion on Management through Consolidated Financial Statement.

  Article 36 The consolidated financial statement supervision bureaus shall, on the basis of comprehensive supervision of foreign-funded banks, be responsible for proposing plans for three -party talks.

  The three-party talks on consolidated financial statement shall be organized by the CBRC, and the participating parties shall include the CBRC, the consolidated financial statement supervision bureau, the territorial supervision bureau, external auditors and the leading reporting banks. After the end of the talks, the consolidated financial statement supervision bureaus shall complete the summary of three parties meeting for the consolidated financial statement, and supervise over the leading reporting bank for its timely feedback of the implementation of the opinions for rectification and correction.

  Chapter VI Supplementary Provisions

  Article 37 The present Measures shall be interpreted by the CBRC.

  Article 38 The relevant opinions on consolidated financial statement in conducting supervision shall be considered as the basis for examination of such applications as the establishment of additional institutions of a foreign-funded bank and business access, etc……

  Article 39 The present Measures shall come into force as of April 1, 2004. Where other relevant provisions concerning the supervision over consolidated financial statement at foreign-funded banks conflict with the present Measures, the former will be invalidated simultaneously.

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