基础法律英语辅导热招
您的位置:外语教育网 > 法律英语 > 英文法规 > 正文

中华人民共和国外资金融机构管理条例实施细则(二)

2006-05-12 21:24   我要纠错 | 打印 | 收藏 | | |

  PART FIVE SUPERVISION AND ADMINISTRATION

  Article 67 Where a foreign bank has set up two or more branches in China, the head office or the authorized regional head office shall appoint a branch as its chief reporting branch, which shall be responsible for the reporting to the upper level of the consolidated reports and comprehensive information, appointing the compliance manager in China, and reporting in writing to the CBRC and the local agency of CBRC at the location of the chief reporting branch. The CBRC and its agencies shall implement consolidated regulation.

  Article 68 “Interest-generating assets” referred to in Article 24 of the Regulations shall include foreign exchange interest-generating assets and Renminbi interest-generating assets. 30% of the foreign exchange operating capital of a foreign bank branch shall be placed in a foreign currency term deposit with a term of not less than six months as foreign exchange interest-generating assets. 30% of the Renminbi operating capital shall be placed as Renminbi interest-generating assets in the form of Renminbi State bonds or a Renminbi term deposit with a term of not less than six months.

  Renminbi and foreign currency term deposits with a term of not less than six months shall be made with three or less than three wholly Chinese-owned commercial banks with steady and healthy operation, and certain economic strength in China. Rates applicable to term deposits of interest-generating assets shall be determined by both parties in accordance with relevant provisions. Foreign bank branches shall report to the agency of the CBRC at the place where they are located as to which bank it has deposited interest-generating assets, the amount, the applicable interest rates and the term. Foreign bank branches shall not use any of the interest-generating assets without the approval of the agency of the CBRC at the place where they are located. Foreign bank branches shall handle the change of interest-generating assets according to the approval documents of the agency of the CBRC at the place where they are located. Foreign bank branches shall not pledge or repurchase interest-generating assets deposited in the form of Renminbi State bonds, or adopt other handling methods that will affect the disposal rights of interest-generating assets.

  The preceding provisions of this Article shall not apply to branches of wholly foreign-owned banks and joint venture banks in China.

  Article 69 “Capital” referred to in Articles 26 and 28 of the Regulations shall mean the balance of the sum of paid-in capital, capital reserves, surplus reserves, undistributed profits, provisions for ordinary loan loss, revaluation reserves and long term secondary bonds of a term of five years or more, less investments in relation to unconsolidated financial institutions.

  The “sum of operating capital and reserve funds etc.” referred to in Article 28 of the Regulations shall mean the sum of operating capital, undistributed profits and provisions for ordinary loan loss.

  “Risk assets” referred to in Article 28 of the Regulations shall mean weighted risk assets, whether on balance sheet or off balance sheet, calculated in accordance with the relevant provisions in relation to weighted risk assets.

  The calculation, testing and verification methods for capital adequacy ratio referred to in Article 25 of the Regulations shall be implemented in accordance with relevant provisions in relation to the procedures on the administration of capital adequacy ratio of commercial banks.

  The ratio stipulated in Article 28 of the Regulations shall be calculated separately for each branch office of a foreign-funded financial institution in China and verified for each quarter, based on the average balance verified at the end of each month.

  The CBRC may make special request for the capital adequacy ratio of each foreign-funded legal person institution based on the risk that each has to bear.

  Article 70 “Affiliated enterprises” referred to in Article 26 of the Regulations shall mean two or more enterprises that directly or indirectly control or that are controlled by another enterprise or other enterprises, or that are jointly controlled by an enterprise (for instance, between a parent company, a subsidiary company and subsidiary companies that are controlled by the same parent company); equity joint ventures, associated enterprises, other enterprises directly controlled by the major investor, key management personnel or their close family members (including blood relations within three generations and relations by marriage within two generations); and other enterprises that may transfer assets and profits.

  “Credit amount” referred to in Article 26 of the Regulations and Article 95 hereof shall include loans, call loans, trade financing, acceptance and discounting of negotiable instruments, overdraft, factoring, guarantee, loan commitment and issue of letter of credit, etc.

  Article 71 The ratios set out in Articles 26 and 27 of the Regulations shall be examined on the basis of the balance at the end of each quarter.

  Article 72 “Liquid assets” referred to in Article 29 of the Regulations shall mean cash, gold, deposits with the People's Bank of China, interbank deposits, interbank loans that shall mature within one month, interbank lendings that shall mature within one month, net assets from inter-branch transactions abroad and from transactions with offshore subordinate institutions, discounts and other purchased negotiable instruments that shall mature within one month, other account receivables that shall mature within one month, loans that shall mature within one month, bonds that shall mature within one month and other assets that can be realized within one month. Deductions shall be made to the above items for items that are not expected to be recoverable. Interest-generating assets shall not be included in liquid assets.

  “Liquid liabilities” referred to in Article 29 of the Regulations shall mean deposits that shall mature within one month, interbank borrowings that shall mature within one month, interbank lendings that shall mature within one month, accounts payable that shall mature within one month, net liabilities from inter-branch transactions abroad and from transactions with offshore subordinate institutions and other liabilities that shall mature within one month. Frozen deposits shall not be included in liquid liabilities.

  Foreign-funded financial institutions shall calculate and maintain, on a daily basis, the liquidity ratio in both Renminbi and foreign currencies set out in Article 29 of the Regulations. The CBRC shall verify the liquidity ratio of foreign-funded legal person institutions on a consolidated basis, and in respect of foreign bank branches on an individual basis.

  Article 73 “Total amount of foreign exchange deposits taken up in China” referred to in Article 30 of the Regulations shall include foreign exchange interbank and non-interbank deposits. The method of calculating “total foreign exchange assets in China” is as follows:

  Total foreign exchange assets in China = total foreign exchange assets - foreign exchange interbank offshore transactions (assets) - foreign exchange transactions of offshore subordinate institutions (assets) - overseas foreign exchange loans - offshore interbank foreign exchange deposits - offshore interbank foreign exchange loans - offshore foreign exchange investments.

  The following foreign exchange investments shall not be included in offshore foreign exchange investments: Chinese government bonds issued abroad, bonds issued by Chinese financial institutions and bonds issued by Chinese non-financial institutions.

  The ratio specified in Article 30 of the Regulations shall be examined on the basis of the balance at the end of each month for each institution individually.

  Article 74 No foreign-funded financial institution may falsely, unduly, or under-list its assets, liabilities and owner's equity.

  Article 75 The transfer of any credit asset from the head office or the associated bank of a foreign-funded financial institution must be approved by the agency of the CBRC at the place where it is located.

  Article 76 A foreign-funded financial institution shall establish a classification system of risk assets that is not below the requirements of the Classification of Loan Risks Guiding Principles, and shall report the corresponding relationship between its own classification standard of the risk assets and the classification standard stipulated in the Classification of Loan Risks Guiding Principles to the agency of the CBRC at the place where it is located. Where there is a change in the corresponding relationship, the foreign-funded financial institution shall report the change to the agency of the CBRC at the place where it is located in writing in a timely manner.

  Article 77 Foreign-funded financial institutions shall make provisions for loan loss according to the relevant provisions on bank loan loss provisioning.

  Article 78 Foreign-funded financial institutions shall adopt a prudential accounting system, and implement the provisions on the financial enterprise accounting system.

  Article 79 Foreign-funded financial institutions shall not grant credit to related persons on conditions that are more preferential than those that apply to any other borrower in respect of similar credit.

  A “related person” referred to in this article shall mean:

  1. directors, supervisors, management personnel, credit business personnel and their close relatives of a foreign-funded financial institution;

  2. the companies, enterprises and other economic organizations in which the persons specified above invest or undertake a senior management position; or

  3. shareholders and the affiliated enterprises of a foreign-funded legal person institution.

  Article 80 A “Chinese certified accountant” referred to in Article 32 of the Regulations shall mean an accountant registered in China that has passed the annual examination and has experience in finance-related auditing business. A foreign-funded financial institution shall, one month prior to appointing the Chinese certified accountant to conduct annual audit, submit in writing the basic information of the accounting firm to which the accountant belongs and the principal certified accountants participating in the audit to the agency of the CBRC at the place where the foreign-funded financial institution is located.

  Article 81 At the end of each fiscal year, a foreign-funded financial institution shall appoint an accounting firm recognized by the agency of the CBRC to conduct an annual audit. The foreign-funded financial institution shall submit the audit report and management proposal to the agency of the CBRC at the place where it is located within four months after the end of the fiscal year.

  Foreign-funded legal person institutions and foreign banks with two or more branches in China shall also appoint an accounting firm recognized by the agency of the CBRC to conduct an audit on all their business institutions in China on a consolidated basis, and shall submit the audit report and management proposal to the agency of the CBRC at the place where the head office of the foreign-funded legal person institution or the chief reporting branch of the foreign bank is located within five months after the end of the fiscal year.

  The annual audit on foreign bank branches shall include at least the following particulars: financial report, risk management, operation control, operation compliance status and asset quality. The annual audit on foreign-funded legal person institutions shall include at least the following particulars: capital adequacy status, asset quality, internal management, profitability, liquidity and details of market risk management.

  Article 82 In the event of an adjustment and/or transfer of the registered capital of a foreign-funded legal person institution, or change in a shareholder that holds 10% or more of its total capital or shares, or the application of a foreign bank for adjustment of the operating capital of its branches in China, the following materials shall be submitted to the agency of the CBRC at the place where the institution or bank is located. Upon the issue of opinion on preliminary examination by the agency of the CBRC, the materials shall be directly submitted to the CBRC for examination and approval, and at the same time be forwarded through progressive levels to the agency of the CBRC at the upper level:

  1. a letter of application signed by the applicant's chairman of the board or president (chief executive officer or general manager);

  2. board resolution of the foreign-funded legal person institution in relation to the adjustment and/or transfer of the registered capital, or change in shareholders;

  3. in respect of changes in the amount of capital investment or shareholdings of the investors of a foreign-funded legal person institution, the board resolution of all investors or the opinion signed by its legal representative shall be provided. If the investor of a foreign-funded legal person institution is a financial institution, the opinion recognized by the financial regulatory authorities of the country or region in which the investor is located shall be provided;

  4. transfer agreement or contract signed by the relevant shareholder of the foreign-funded legal person institution; and

  5. other materials required for submission by the CBRC.

  Article 83 A foreign-funded financial institution approved to change its registered or operating capital, or change in a shareholder that holds 10% or more of its total capital or shares shall appoint a certified accounting firm recognized by the agency of the CBRC at the place where it is located to conduct capital verification within 30 days of the receipt of approval documents issued by the CBRC, and shall submit the capital verification certificate to the agency of the CBRC at the place where it is located.

  Article 84 New shareholders of foreign-funded legal person institutions shall fulfil the conditions stipulated in the Regulations and these Rules.

  Article 85 In respect of a proposed change of name of its branch office in China due to the merger or division of any foreign bank, the procedures for the official name change may be split into two stages or be conducted directly:

  The foreign bank may submit its initial application to the CBRC together with the following materials:

  1. a letter of application addressed to the Chairman of the CBRC signed by the chairman of the board or president (the chief executive officer or general manager) of the foreign bank; and

  2. a letter of acknowledgement or approval document in relation to the merger or division issued by the financial regulatory authorities of the country or region where the foreign bank is located.

  Upon receipt of a complete set of application materials, the CBRC shall confirm the application for name change in the form of a signed letter.

  Within five days after the official change of its name, the foreign bank shall report to the CBRC and the agency of the CBRC at the place where its branch office in China is located, and submit the following materials to the CBRC within 30 days in order to complete the procedures to officially change the names of its branches in China:

  1. a letter of application addressed to the Chairman of the CBRC signed by the chairman of the board or president (chief executive officer or general manager) of the new institution;

  2. the application form printed by the CBRC that is completed by the new institution in accordance with provisions;

  3. the official approval document issued by the financial regulatory authorities of the country or region where the new institution is located;

  4. the business licence (copy) of the new institution or the photocopy of any other approval document for the operation of financial business;

  5. a guarantee to undertake the liability for tax and debts of its branch offices in China issued by the new institution and signed by the chairman of the board or president (chief executive officer or general manager) of the new institution;

  6. the consolidated financial statements of the new institution;

  7. the articles of association of the new institution;

  8. a list of directors of the new institution;

  9. the organizational structure chart of the new institution;

  10. the résumé, proof of identification and academic record of the head, general manager, general representative or chief representative of the branch office of the new institution in China; and

  11. the power of attorney in favour of the head or general manager of the branch in China signed by the chairman of the board or president (chief executive officer or general manager) of the new institution.

  When a foreign bank submits the initial application and the official application materials for name change to the CBRC, it shall at the same time submit copies of the relevant application materials to the local agency of the CBRC at the place where its branch in China is located.

  Article 86 The registered capital, operating capital and business scope of foreign-funded financial institutions following a merger or division shall be re-verified by the CBRC.

  Article 87 In the event of an application for name change due to other reasons, a letter of application addressed to the Chairman of the CBRC signed by the chairman of the board or president (chief executive officer or general manager) of the foreign-funded financial institution, the official approval document issued by the financial regulatory authorities of the country or region in which the foreign bank is located for its name change, the business licence (copy) after the name change or photocopies of other approval documents for the operation of financial business shall be submitted to the CBRC, with a copy of the same submitted to the agency of the CBRC at the place where the foreign-funded financial institution is located.

  Article 88 In the event of a change in business site within the same city, a foreign-funded financial institution shall submit the following materials to the agency of the CBRC at the place where it is located:

  1. a letter of application addressed to the local agency of the CBRC signed by the chairman of the board or president (chief executive officer or general manager) of the foreign-funded legal person institution or the president or general manager of a foreign bank branch;

  2. a photocopy of the letter of intent for the lease or purchase contract for the proposed business site of the foreign-funded financial institution; and

  3. other materials required for submission by the CBRC.

  The agency of the CBRC at the place where the foreign-funded financial institution is located shall conduct inspection of the new business site of the foreign-funded financial institution in accordance with relevant provisions. If the foreign-funded financial institution fails the inspection, it may, within 10 days of the receipt of the notification of inspection, apply to the inspection authorities for re-inspection. If the inspection is passed, the agency of the CBRC at the place where it is located shall issue an approval document in relation to the change of business site within the same city to the foreign-funded financial institution, and at the same time submit the same to the CBRC and the agency of CBRC at the upper level.

  Foreign-funded financial institutions shall not move into the proposed business site to engage in operation prior to obtaining the official approval of the agency of the CBRC for change of business site.

  Article 89 A foreign-funded legal person institution shall amend its articles of association within one year after an amendment is made in the articles of association. To apply for an amendment in the article of association, it shall submit the following materials to the agency of the CBRC at the place where it is located. Upon the issue of opinion on preliminary examination by the local agency of the CBRC, the materials shall be directly submitted to the CBRC for examination and approval, and at the same time be forwarded through progressive levels to the agency of the CBRC at the upper level:

  1. a letter of application signed by the applicant's chairman of the board or president (chief executive officer or general manager);

  2. the shareholders' resolution or board resolution of the applicant;

  3. the original articles of association and the draft of the new articles of association of the applicant; and

  4. other materials required by the CBRC.

  Article 90 In the event that any changes have to be made to the permit to conduct financial business due to any matter specified in Article 33 of the Regulations, the foreign-funded financial institution shall proceed to effect such changes within 30 days of receipt of the official approval document according to the relevant provisions of the procedures on the administration of permits to conduct financial business.

  In the event that capital verification is required, the foreign-funded financial institution shall submit the capital verification certificate issued by an accounting firm to the CBRC. In the event that inspection is required, the agency of the CBRC at the place where the foreign-funded financial institution is located shall carry out inspection according to the relevant provisions.

  A foreign-funded financial institution shall bring along the approval documents issued by the CBRC and its agency to the administration authority for industry and commerce in China to handle a change in registration and to replace its business licence.

  In the event of any circumstances or events specified under Items (1), (2), (3), (4) and (7) of Article 33 of the Regulations, the foreign-funded financial institution shall issue a public notice in the national newspapers designated by the CBRC, as well as local newspapers designated by the agency of the CBRC at the place where the foreign-funded financial institution is located. The public notice shall be published within 30 days from the date on which approval is obtained.

  Article 91 A foreign-funded financial institution shall report to the agency of the CBRC at the place where it is located immediately upon the occurrence of the following events:

  1. serious problems in relation to the financial status or operations of the foreign-funded financial institution;

  2. major adjustments to business strategy of the foreign-funded financial institution;

  3. the passing of important board resolutions of the foreign legal person institution;

  4. any change to the articles of association, registered capital or registered address of either the head office of a foreign bank branch, or the investors of any foreign-funded legal person institution;

  5. reorganization such as merger and division and any changes to the chairman or president (chief executive officer or general manager) of the head office of a foreign bank branch or the investors of a foreign-funded legal person institution;

  6. serious problems in relation to the financial status or operations of the head office of a foreign bank branch or the investors of a foreign-funded legal person institution;

  7. any major changes in the regulatory laws and regulations of the place where the head office of a foreign bank branch or the foreign investor of a foreign-funded institution is registered;

  8. except for reasons of force majeure, a foreign-funded financial institution shall notify the agency of the CBRC at the place where it is located in writing seven days prior to the suspension of its business on dates that are not statutory holidays; and

  9. other events required by the CBRC.

  Article 92 The CBRC and its agencies may, where necessary, appoint an accounting firm to conduct an audit on the operational and financial status, internal risk control system and its implementation of a foreign-funded financial institution.

  Article 93 Matters of sale and reconciliation of foreign exchange such as changes between Renminbi and foreign currency of the capital or operating capital of a foreign-funded financial institution and changes by the institution of Renminbi profits into foreign currency for remittance outside China, and other matters related to foreign exchange examination and approval shall be verified and approved by the State Administration of Foreign Exchange and its branches.

  Article 94 All matters of foreign-funded financial institutions in relation to foreign exchange administration shall be conducted in accordance with relevant provisions of the State Administration of Foreign Exchange.

  Article 95 According to Article 35 of the Regulations, the CBRC and its agencies may according to the circumstances impose special regulatory measures on foreign-funded financial institutions that are in any of the following circumstances:

  1. if the sum of the undistributed profits and the net balance for the current year of the foreign bank branch is negative, and the sum of the absolute value of such negative and the remaining provisions for loan loss exceeds 30% of the operating capital, the foreign-funded financial institution shall report to the agency of the CBRC at the place where it is located each quarter;

  2. if the credit amount to all major customers by a foreign-funded financial institution exceeds eight times its capital or operating capital, the foreign-funded financial institution shall report to the agency of the CBRC at the place where it is located each quarter. “Major customers” shall mean customers with credit amount exceeding 10% of the capital or operating capital of the foreign-funded financial institution. Such ratio shall be calculated on a consolidated basis according to the branches of the foreign-funded financial institution in China, and be reported each quarter based on the average balance at the end of each month;

  3. if the amount of accumulative outflow of capital of a foreign-funded financial institution within a month is greater than the amount of inflow, it shall report monthly to the agency of the CBRC at the place where it is located;

  The “amount of outflow of capital” shall mean offshore interbank deposits, offshore interbank loans, offshore interbank lending, offshore inter-branch transactions (creditor), transactions with offshore subordinate institutions (creditor), various offshore loans, offshore investments and purchase of offshore re-sold securities. The “amount of inflow of capital” shall mean offshore interbank deposits, offshore deposits, offshore interbank borrowings, offshore interbank lending, offshore inter-branch transactions (debtor), transactions with offshore subordinate institutions (debtor), offshore financing of negotiable instruments, sale of offshore repurchase securities, borrowings of offshore fund, difference in conversion between paid-in capital or operating funds and capital; or

  4. other acts of imprudent operation of the foreign-funded financial institution.

  Article 96 The special regulatory measures imposed by the CBRC and its agencies on foreign-funded financial institutions shall include at least the following particulars:

  1. to interview the responsible persons of a foreign-funded financial institution or the relevant responsible persons of a foreign bank for warning dialogue;

  2. to require a foreign-funded financial institution to submit written reports regarding the relevant issues periodically;

  3. to adopt restrictive measures on the business development or outflow of capital of a foreign-funded financial institution;

  4. to require the issue of letter of guarantee by a foreign-funded financial institution;

  5. to propose special requirements on the relevant risk regulatory index;

  6. to require supplementation of capital or operating capital by a foreign-funded financial institution within a time limit;

  7. to dispatch special regulatory personnel to a foreign-funded financial institution in order to supervise and guide its daily operation and management;

  8. to require the change of senior management personnel of a foreign-funded financial institution within a time limit; and

  9. other prudential regulatory measures.

  Article 97 Foreign-funded financial institutions shall satisfy the following requirements according to Articles 34 and 36 of the Regulations:

  1. a foreign-funded financial institutions shall set up an internal audit system and maintain its independence. After the completion of internal audit, the audit report shall be submitted to the agency of the CBRC at the place where it is located. The agency of the CBRC at the place where it is located may adopt appropriate methods for communicating with the internal audit personnel of the foreign-funded financial institution;

  2. a foreign-funded financial institution shall appoint personnel to be responsible for compliance work. Such position shall not be taken up by an internal audit personnel; and

  3. a foreign-funded financial institution shall, within two months after the end of each fiscal year, submit the business report of the previous year and the business development plan of the following year to the agency of the CBRC at the place where it is located;

  A business report shall include at least the following particulars: comparison of the operation status of various businesses in the previous year with that in the year before, and the reasons for the major difference; asset quality and the profit and loss of the previous year; the implementation of the financial budget, and the reasons for the difference.

  A business development plan shall include at least the following particulars: the business development strategy of the foreign-funded financial institution; the key points of business development, the development plan for the organization and personnel, and the financial budget of the following year;

  4. a foreign-funded financial institution shall consolidate local laws and regulations in formulating the internal control system and operational procedures, and submit the amendments to the internal control system and operational procedures to the agency of the CBRC at the place where it is located before the end of March each year;

  a Chinese translation of the internal control system, business operational procedures and samples of business receipts of a foreign-funded financial institution shall be included; where regulatory personnel deems that other relevant documents of business files and management files are necessary, the Chinese translation shall also be included;

  5. if a non-employee of a foreign-funded financial institution that engages in such work as strategic planning, business guidance and provision of service support for internal departments of the institution has worked consecutively for over 30 days or accumulatively for over 60 working days within 90 days at such institution, the foreign-funded financial institution shall report the matter to the agency of the CBRC at the place where it is located;

  6. a foreign bank branch shall submit the annual report of its head office for the previous year in a timely manner to the agency of the CBRC at the place where it is located each year.

  PART SIX DISSOLUTION AND LIQUIDATION

  Article 98 The term “dissolution and liquidation” referred to in the Regulations shall include the following circumstances:

  1. Foreign-funded legal person institutions shall be dissolved voluntarily in any of the following circumstances upon obtaining approval from the CBRC:

  (1) expiration of the term of business specified in the articles of association or the occurrence of any dissolution event specified in the articles of association;

  (2) a resolution for dissolution adopted at a shareholders' meeting or a board meeting; or

  (3) dissolution as a result of merger or division.

  2. closure of a branch in China of a foreign bank, wholly foreign-owned bank or joint venture bank approved by or at the order of the CBRC;

  3. shut down of the foreign-funded legal person institution by the CBRC; or

  4. the foreign-funded legal person institution being declared bankrupt according to law.

  Article 99 A foreign-funded legal person institution that applies for voluntary dissolution shall submit the following materials to the agency of the CBRC at the place where it is located. Upon the issue of opinion on preliminary examination by the local agency of the CBRC, the materials shall be submitted to the CBRC for examination and approval, and at the same time be forwarded through progressive levels to the agency of the CBRC at the upper level:

  1. a letter of application signed by the chairman or president (chief executive officer or general manager);

  2. shareholders' resolution or board resolution;

  3. a letter of confirmation on voluntary dissolution signed by the chairman of the board or president (chief executive officer or general manager) of each investor; and

  4. other materials required for submission by the CBRC.

  The CBRC shall decide whether or not to approve the application within three months of receipt of a complete set of application materials.

  Article 100 A foreign bank, wholly foreign-owned bank or a joint venture bank applying to close its branch in China shall submit the following materials to the agency of the CBRC at the place where it is located. Upon the issue of opinion on preliminary examination by the agency of the CBRC at the place where it is located, the materials shall be submitted to the CBRC for examination and approval, and at the same time be forwarded through progressive levels to the agency of the CBRC at the upper level:

  1. a letter of application signed by the chairman of the board or president (chief executive officer or general manager) of the applicant;

  2. in respect of an application by a wholly foreign-owned bank or a joint venture bank, the board resolution shall be submitted;

  3. an opinion on the application issued by the financial regulatory authorities of the place where the foreign bank is registered; and

  4. other materials required for submission by the CBRC.

  The CBRC shall decide whether or not to approve the application within three months of receipt of a complete set of application materials.

  Article 101 From the date on which the decision of the CBRC becomes effective to approve the voluntary dissolution of a foreign-funded legal person institution, the closure of a branch in China of a foreign bank, wholly foreign-owned bank or a joint venture bank, or the closure of such a branch at the order of the CBRC, the foreign-funded financial institution that is the subject of such approvals shall immediately cease its business activities and surrender its permit to conduct financial business, and shall set up a liquidation committee within 15 days.

  Article 102 The members of the liquidation committee shall include the president (general manager), the chief accountant, a Chinese certified accountant and any other personnel appointed by the CBRC. The liquidation committee of a foreign-funded legal person institution shall also include a shareholder representative and the chairman of the board. Members of the liquidation committee shall be approved by the local agency of the CBRC.

  Article 103 The liquidation committee shall notify the relevant authorities, such as the administration authorities for industry and commerce, taxation authorities and labour and social security department in writing.

  Article 104 Other liquidation matters in relation to the voluntary dissolution of a foreign-funded legal person institution, the closure of a branch in China of a wholly foreign-owned bank, a joint venture bank and a foreign bank shall be handled in accordance with the relevant provisions of the PRC, Company Law.

  Article 105 The agency of CBRC at the place where a foreign-funded financial institution to be dissolved or closed is located shall be responsible for the supervision of the dissolution and liquidation processes and shall report, through progressive levels, major matters and the result of the liquidation to the CBRC.

  Article 106 Within 30 days of its establishment, the liquidation committee shall appoint an accounting firm recognized by the CBRC to conduct an audit, and shall submit an audit report to the local agency of the CBRC within 60 days of the appointment.

  Article 107 If the liquidation process resulting from dissolution or closure involves matters relating to the examination and approval or verification and approval of foreign exchange, such matters shall be approved by the State Administration of Foreign Exchange and its branches.

  Article 108 During the liquidation process, the liquidation committee shall give priority to the payment of the principals and interests of individual savings deposits after paying the liquidation fee, and the outstanding workers' wages and labour insurance premiums.

  Article 109 The liquidation committee shall report on the development of debt repayment, assets disposal, loan settlement and account cancellation to the local agency of the CBRC before the tenth day of each month.

  Article 110 After the institution to be liquidated has fully repaid all debts, if its liquidation committee applies to withdraw the interest-generating assets, it shall provide the following information to the agency of the CBRC at the place where it is located for examination and approval

  1. a letter of application signed by the chairman of the liquidation committee;

  2. a report on the development of the liquidation; and

  3. other information required for submission by the CBRC.

  Article 111 After completion of the liquidation process, the liquidation committee shall prepare a liquidation report to be submitted to the local agency of the CBRC for confirmation and also to the administration authorities for industry and commerce to apply for the cancellation of its registration, and issue a public notice in national newspapers designated by the CBRC, as well as local newspapers designated by the local agency of the CBRC. The liquidation committee shall submit the contents of the public notice in writing to the local agency of the CBRC three days before the date of publication.

  Article 112 Post-liquidation accounting records and business materials shall be handled in accordance with the relevant provisions.

  Article 113 A foreign bank whose branch has been liquidated may not apply for the establishment of a business institution in the same city in China within two years from the date on which the liquidation of the branch was completed.

  Article 114 In the event that a foreign bank applies for the closure of its branch in China and applies for the establishment of a representative office in the same city, the foreign bank shall submit the following materials to the agency of the CBRC at the place where it is located. Upon the issue of opinion on preliminary examination by the local agency of the CBRC, the materials shall be submitted to the CBRC for examination and approval, and at the same time be forwarded through progressive levels to agency of the CBRC at the upper level:

  1. a letter of application signed by chairman of the board or president (chief executive officer or general manager) of the applicant;

  2. a power of attorney for the authorization of the chief representative signed by the signatory authorized by the foreign bank;

  3. the résumé of the proposed chief representative;

  4. photocopies of the identification certificate and academic certificate of the proposed chief representative;

  5. a statement confirming no record of misconduct signed by the proposed chief representative; and

  6. other materials required by the CBRC.

  Article 115 If a foreign-funded legal person institution operates in violation of laws and regulations or its business is not properly managed, such that the financial order would be seriously harmed and the interests of the social public would be damaged if it is not shut down, the CBRC shall shut it down in accordance with the provisions of the Shutting Down of Financial Institutions Regulations.

  The closure of a foreign bank branch at the order of the CBRC shall be handled in accordance with the relevant provisions of the PRC, Company Law.

  Article 116 In the event that liquidation is conducted as a result of the dissolution of any foreign-funded legal person institution and that the liquidation committee, having cleared the assets, prepared the balance sheet and the list of assets, discovers that the assets of the foreign-funded legal person institution are insufficient to repay its debts, it may, upon obtaining the approval of the CBRC, immediately apply to the people's court to declare the institution bankrupt. Once the foreign-funded legal person institution is declared bankrupt by the people's court, the liquidation committee shall hand over the liquidation matters to the people's court.

  Article 117 A foreign-funded financial institution that applies to resume its business in accordance with Article 39 of the Regulations shall submit the following materials to the agency of the CBRC at the place where it is located. Upon the issue of opinion on preliminary examination by the local agency of the CBRC, the materials shall be directly submitted to the CBRC for examination and approval, and at the same time be forwarded through progressive levels to agency of CBRC at the upper level:

  1. a letter of application signed by the chairman of the board or president (chief executive officer or general manager) of the applicant;

  2. board resolution of the foreign-funded legal person institution; and

  3. other materials required for submission by the CBRC.

  PART SEVEN SUPPLEMENTARY PROVISIONS

  Article 118 The CBRC shall refer to the provisions on foreign bank branches in regulating branches of wholly foreign-owned banks and joint venture banks in China.

  Article 119 Foreign-funded financial institution that violate these Rules shall be penalized by the CBRC in accordance with the Regulations and other relevant provisions.

  Article 120 These Rules shall be implemented as of 1 September 2004. The PRC Administration of Foreign-funded Financial Institutions Regulations Implementing Rules promulgated on 25 January 2002 by the People's Bank of China shall be repealed simultaneously.

[1][2]
相关资讯:
网站导航:
 四六级 指南 动态 经验 试题 资料  托福 指南 动态 经验 留学 备考
 雅思 指南 动态 机经 经验 辅导  公共英语 指南 动态 备考 试题 辅导
 日语 就业 辅导 留学 考试 报考  法语 资料 文化 考试 留学 辅导
 韩语 入门 口语 阅读 留学 文化  西语 辅导 资料 考试 留学 风采
基础法律英语
350元/门
系统讲解知识,全面提升水平
课时数:18课时左右
学员 tueiwi:
自我感觉LEC考得不错,感谢外语教育网的法律英语课程老师。
学员 tyjf:
外语教育网的法律英语信息不错,希望有朝一日可以成为法律达人,顶起!
学员 Alice12345:
我报的是法律英语的辅导班。因为英语底子不太好,一直没有太大的进步。后来,我在外语教育网报名参加了网上培训。感觉老师很负责。课程内容也详细。在老师的帮助下,感觉我的法律英语的水平得到了长足的提高。很感谢法律英语的老师的教导。谢谢老师!
学员 lionm:
一直在学法律英语,但总是找不到门路。不但单词多,而且本来认识的单词意思又变了,头痛死了。听了李文沛老师的法律英语课程后,我觉得好多了。希望能网校的法律英语课程能继续开个中级班。
学员 xyz521:
我一直在找法律英语的课程都没找到,偶然的机会来到外语教育网,发现这里的法律英语的课程真的很不错、信息也很齐全,绝对支持哦!
学员 futami:
以前自己看书,感觉非常吃力,很多地方看不懂。抱着试试看的心理,我报名参加了外语教育网的基础法律英语辅导。沙老师和李老师讲得非常好,重点、难点,经过老师的系统讲解,我都基本掌握了。就连冥思苦想都不能解决的难题,也通过答疑板请教老师而得到了满意的答复。在此衷心感谢网校的老师。
学员 hnigni:
我是法律专业的本科生,因为工作的需要,必须得会法律英语,可之前在学校的时候没好好学过啊。正头疼,同事推荐了外语教育网,于是我就报了名,开始学习。在学习过程中,发现沙老师的课真的很不错,她不但英语口语发音标准,而且她授课的内容通俗易懂,很方便我们接受和学习。另外,外语教育网的教学模式很适合我这种已经参加了工作的人,可以让我兼顾工作和学习,也很不错。特此,到网上来赞一下沙老师!沙老师,谢谢您!也谢谢网校的良好服务!在外语教育网学习,真值!
版权声明
   1、凡本网注明 “来源:外语教育网”的所有作品,版权均属外语教育网所有,未经本网授权不得转载、链接、转贴或以其他方式使用;已经本网授权的,应在授权范围内使用,且必须注明“来源:外语教育网”。违反上述声明者,本网将追究其法律责任。
  2、本网部分资料为网上搜集转载,均尽力标明作者和出处。对于本网刊载作品涉及版权等问题的,请作者与本网站联系,本网站核实确认后会尽快予以处理。
  本网转载之作品,并不意味着认同该作品的观点或真实性。如其他媒体、网站或个人转载使用,请与著作权人联系,并自负法律责任。
  3、本网站欢迎积极投稿
  4、联系方式:
编辑信箱:for68@chinaacc.com
电话:010-82319999-2371