People's Republic Of China Commercial Bank Law (Revised)

Original Language Title: 中华人民共和国商业银行法(修正)

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"Enactment date" 2003.12.27 "implementation date" 2004.02.01 "expiration date" and "regulatory classification" the national people's Congress "content category" and "enacted" NPC "content" People's Republic of China commercial bank law (May 10, 1995 adopted at the 13th meeting of the Standing Committee of national people's Congress on December 27, 2003, deputies of the sixth meeting of the Standing Committee on adaptation People's Republic of China commercial banks method of decided Amendment) directory first chapter General second chapter commercial banks of established and organization institutions third chapter on deposits people of protection fourth chapter loan and other business of basic rules fifth chapter financial accounting sixth chapter supervision management seventh chapter took over and terminated eighth chapter legal responsibility Nineth chapter schedule first chapter General first article to protection commercial banks, and deposits people and other customer of lawful rights and interests of, specification commercial banks of behavior, improve credit assets quality, strengthening supervision management,
Guarantees stable operation of commercial banks to maintain financial order, promoting the development of the Socialist market economy, this law is enacted.
Referred to in article II of this law refers to the commercial banks in accordance with this law and the People's Republic of China established under the companies act of absorbing public deposits and make loans, settlement and other business enterprises.
Third article commercial banks can business following part or all business: (a) absorption public deposits; (ii) issued short-term, and medium-term and long-term loan; (three) handle both at home and abroad settlement; (four) handle notes acceptance and discount; (five) issued financial bonds; (six) agent issued, and agent honour, and underwriting Government bonds; (seven) sale Government bonds, and financial bonds; (eight) engaged in peer lending; (nine) sale, and agent sale Exchange; (10) engaged in bank card business; (11) provides credit service and the guarantees;
(12) the Agency receipts and payments and insurance agency business, (13) provides safekeeping services; (14) other businesses approved by the banking regulatory agency of the State Council.
Operating range by commercial banks under the approval of the banking regulatory agency of the State Council.
Commercial banks approved by the people's Bank of China, engaged in the settlement and sale businesses.
Fourth commercial bank based on principles of safety, liquidity, efficiency, and independently operate, at your own risk and profit, self-restraint.
Operating commercial banks according to law, are not subject to any interference by any unit or individual.
Commercial Bank, with all of its property independently assume civil liability of legal persons.
Fifth commercial bank business dealings with the customer shall follow the principle of equality, voluntariness, fairness and honesty.
Sixth commercial bank should protect the legitimate rights and interests of the depositors are not affected by any unit and individual violations.
Article seventh credit business of commercial banks, should critically examine the borrower's credit and guarantee, ensure timely recovery of loans.
Commercial banks according to law to recover the loan maturity, the principal and interest of the borrower and are protected by law.
Article eighth commercial banks operate, shall comply with the provisions of relevant laws and administrative regulations and must not harm national interests and public interests.
Nineth operating commercial banks should abide by the principle of fair competition, not to engage in unfair competition.
Article tenth shall be subject to the supervision and management of the banking regulatory agency of the State Council, but the law requires the operations other supervision and management departments or institutions supervision and management in accordance with its provisions.
Chapter II establishment and organization of the 11th to set up commercial banks commercial banks shall be examined and approved by the banking regulatory agency of the State Council.
Without the approval of the banking regulatory agency of the State Council, no unit or individual is allowed to engage in public deposits and other commercial banking business, no unit may not be used in the name "Bank".
12th article established commercial banks, should has following conditions: (a) has meet this method and People's Republic of China company law provides of articles; (ii) has meet this method provides of registered capital minimum limit; (three) has has served expertise and business work experience of Director, and senior management personnel; (four) has sound of organization institutions and management system; (five) has meet requirements of business places, and security prevention measures and and business about of other facilities.
The establishment of commercial banks should also conform to other prudent conditions. Article 13th national commercial banks ' minimum registered capital of 1 billion yuan. Establishment of city commercial bank's minimum registered capital of 100 million Yuan, setting up rural commercial bank the minimum registered capital of 50 million Yuan.
Registered capital shall be paid up capital.
Banking regulatory agency of the State Council according to the requirements of prudential supervision can adjust the minimum amount of the registered capital, but shall not be less than the limits prescribed in the preceding paragraph.
14th to set up commercial banks, the applicant shall submit the following documents to the banking regulatory agency of the State Council and the information: (a) the application, the application shall set forth the proposed commercial names, location, registered capital, scope of business, (ii) feasibility studies; (c) the banking regulatory body under the State Council submit the additional documents and information. 15th article established commercial banks of application by review meet this method 14th article provides of, applicants should fill in official application table, and submitted following file, and information: (a) articles draft; (ii) intends served of Director, and senior management personnel of qualification proved; (three) statutory inspection funding institutions issued of inspection funding proved; (four) shareholders roster and funded amount, and shares; (five) holds registered capital 5% above of shareholders of funding letter proved and about information; (six) business approach and plans; (seven) business places, and
Safety precautions and information and other business-related facilities, (VIII) other documents prescribed by the banking regulatory agency of the State Council, information.
16th commercial banks established approved, by the banking regulatory agency of the State Council issued operating licences, and pursuant to the license to register with the Administrative Department for industry and commerce to obtain business licenses.
17th commercial bank organization and institutions the application of the People's Republic of China company law provisions.
Commercial banks established before the implementation of this law, its organization, the organization is not fully compatible with the People's Republic of China Act, you can continue to follow the existing provisions applicable date provided for in the preceding paragraph shall be prescribed by the State Council. 18th Board of supervisors of State-owned commercial banks.
Method for selecting the Board of supervisors shall be prescribed by the State Council.
Board of supervisors for State-owned commercial bank credit assets quality, the ratio between assets and liabilities, the State-owned asset increment, and senior administrative personnel who violate laws, administrative regulations or the Regulations Act and damage the interests of bank supervision. 19th commercial banks according to the business needs in the People's Republic of China to set up branches in and outside. Establishment of branches must be approved by the banking regulatory agency of the State Council for examination and approval.
People's Republic of China territory branches, not according to the Administrative Division was established. Commercial banks in the People's Republic of China to set up branches in the territory shall be in accordance with the provisions of its business to adapt to the size of the allocated amount of working capital.
Branches operating funds allocated the sum total shall not exceed the total capital of 60%. 20th article established commercial banks branch institutions, applicants should to state banking supervision management institutions submitted following file, and information: (a) applications, applications should contains Ming intends established of branch institutions of name, and operating funds amount, and business range, and head office and the branch institutions location,; (ii) applicants recently two years of financial accounting report; (three) intends served of senior management personnel of qualification proved; (four) business approach and plans; (five) business places, and
Safety and other business-related facilities information, (vi) other documents prescribed by the banking regulatory agency of the State Council, information.
21st branches of commercial banks established approved, by the banking regulatory agency of the State Council issued operating licences, and pursuant to the license to register with the Administrative Department for industry and commerce to obtain business licenses.
22nd commercial bank on its branches the whole unified accounting, consolidated fund control and classification management of financial systems.
Branches of commercial banks do not have legal personality, operating in headquarters within the scope authorized by law, their civil liability borne by the head office.
23rd the approved establishment of the commercial banks and their branches, by the banking regulatory agency of the State Council shall be announced.
Commercial banks and their subsidiaries from the date of obtaining the business license not opened for more than six months without good reason, or ceases to continuously for more than six months after opening, the banking regulatory agency of the State Council shall revoke its business license, and shall be published.
24th article commercial banks has following change matters one of of, should by State banking supervision management institutions approved: (a) change name; (ii) change registered capital; (three) change head office or points branch location; (four) adjustment business range; (five) change holds capital total or shares total 5% above of shareholders; (six) modified articles; (seven) state banking supervision management institutions provides of other change matters.
Replacement of the directors and senior management staff, should be reported to the banking regulatory agency of the State Council to review their qualifications.
25th Division or merger of commercial banks governed by the People's Republic of China company law provisions.
The Division and merger of commercial banks, should be examined and approved by the banking regulatory agency of the State Council. 26th commercial banks should be used in accordance with provisions of laws and administrative regulations, operating permits.
Forgery, alteration, transfer, lease or loan the business license. 27th article has following case one of of, shall not served as commercial banks of Director, and senior management personnel: (a) for made has corruption, and bribery, and occupation property, and misappropriated property crime or damage social economic order crime, was sentenced to penalty, or for crime was deprived civil of; (ii) served as for mismanagement bankruptcy liquidation of company, and enterprise of Director or Director, and Manager, and on the company, and enterprise of bankruptcy has personal responsibility of; (three) served as for illegal was revoked license of company, and enterprise of statutory representative people,
Individual responsibility and (iv) the large amount of debt outstanding.
28th no units and individuals to purchase shares in commercial banks 5% per cent of the total, should be prior to the approval of the banking regulatory agency of the State Council. Chapter III protection of depositors

Article 29th for personal savings deposits, shall follow the voluntary deposit, withdrawn freely and bear interest with confidentiality for depositors the principle.
Individual savings deposits, commercial banks have the right to refuse any unit or individual to inquire about, freeze and deduction, but, except as otherwise provided by law.
Article 30th deposits, commercial banks have the right to refuse any unit or individual to inquire, but except as otherwise provided in laws and administrative regulations; the right to refuse any unit or individual to freeze and deduction, but, except as otherwise provided by law.
31st commercial bank should deposit rates in accordance with the rules of the upper and lower limits, determine interest rates on deposits, and make an announcement.
32nd commercial banks should, in accordance with the provisions of the people's Bank of China, reserves deposited with the people's Bank of China, sufficient provision for payment.
33rd commercial banks should ensure the payment of the deposit and the interest must not delay, refused to pay the deposit and interest.
Fourth chapter 34th commercial bank loans and other basic rules under the national economic and social development needs, carried out under the guidance of the national industrial policy loans.
35th commercial bank loans should be the purpose of the loan, repayment ability, repayment of a rigorous review.
Commercial bank loans, separation, classification approval should be introduced for credit institutions. Article 36th commercial bank loans, the borrower must provide security.
Commercial banks should be the guarantor's ability to repay, mortgaged, pledged property ownership and value and the feasibility of realizing the mortgage right and pledge a rigorous review.
Review, evaluation of commercial bank and a borrower credit good, do have the right to repay the loan, and can not provide security. 37th commercial bank loans, should enter into a written contract with the borrower.
Contracts shall specify the loan type, loan purpose, amount, interest rate, repayment period, repayment way, breach of contract and the parties consider it necessary to other matters as agreed.
38th article should be in accordance with the provisions of the rules of the lending rates of commercial banks lower and upper limits determine the loan interest rate.
39th commercial bank loans, shall comply with the following provisions of the asset-liability ratio management: (a) the capital adequacy ratio shall not be less than 8%, (ii) the ratio of loans to deposits shall not exceed 75%; (c) the ratio of liquid assets and current liabilities balances shall not be less than 25% and (iv) for the same borrower's loan balance and capital balances ratio shall not exceed 10%;
(E) the banking regulatory agency of the State Council on other provisions of the asset-liability ratio management. Commercial banks established before the implementation of this law, after the promulgation of this law, the ratio between assets and liabilities do not meet the provisions of the preceding paragraph, shall must meet within the period prescribed in the preceding paragraph.
Specific measures shall be formulated by the State Council.
40th commercial banks are not allowed to provide credit loans to those relationships; conditions for issuing guarantees loans to related condition may be better than similar loans to other borrowers.
Referred to in the preceding paragraph refers to the relationship between: (a) the Bank's directors, supervisors, managers and credit business and its close relative, (ii) persons referred to in the foregoing paragraph or investment in senior management positions in companies, enterprises and other economic organizations. 41st no unit or individual is allowed to force commercial banks to issue loans or provide guarantees.
Commercial banks have the right to refuse any units and individuals force their loans or provide guarantees.
42nd the borrower shall repay the loan principal and interest. A borrower does not return the loan, commercial bank legally entitled to demand that the surety loan principal and interest or in respect of the collateral priority right to be repaid.
Obtained commercial mortgage, pledge of real estate or equity, shall be made within two years from the date of the disposition.
A borrower not returned credit should take responsibility in accordance with the contract.
Article 43rd in the People's Republic of China territory shall not engage in trust investment and stock business, and not to non-private real estate investments or investing in non-banking financial institutions and enterprises, except as otherwise provided. 44th commercial bank acceptance bills, remittances, entrusted collections of such business, shall, in accordance with the prescribed time limit to cash, cash recorded shall not be pressure, pressure or violation of regulations for refund.
About cash, receipts and payments accounting requirement shall be made public.
45th commercial bank issues financial bonds or borrowing from overseas, in accordance with the provisions of laws and administrative regulations upon approval. Article 46th interbank, shall comply with the provisions of the people's Bank of China.
Prohibit the use of borrowed funds to issue fixed assets loans or to invest. Interbank funding limited to paid reserve, sufficient provision for payment and the return of the people's Bank of China loan maturity, the idle cash.
Borrowed funds used to cover the settlement, lack of interbank exchange different positions and temporary working capital needs.
47th commercial banks shall not violate the provisions of article raise or lower interest rates and other improper means to absorb deposits and issue loans.
48th enterprises and institutions will be free to choose the business premises of a commercial bank to open a handle daily transfer and settlement and cash accounts may not open more than two basic accounts.
No units and individuals will be no money to open an account in his own name is stored. 49th commercial bank business hours should be convenient to customers, and make an announcement.
Commercial banks should open within hours of the announcement, it may not stop or shorten the hours of business. 50th commercial banks to conduct business and provide services and charge fees in accordance with the provisions.
Fees and standards shall be formulated by the banking regulatory agencies, people's Bank of China according to the Division of responsibilities, respectively, in conjunction with the competent departments.
51st save commercial banks should, in accordance with the relevant provisions of the State's financial accounting reports, business contracts and other information. 52nd article commercial banks of staff should comply with legal, and administrative regulations and other the business management of provides, shall not has following behavior: (a) using positions Shang of convenience, obtained, and received bribery or violation national provides received various name of rebate, and procedures fee; (ii) using positions Shang of convenience, corruption, and misappropriated, and occupation Bank or customer of funds; (three) violation provides favoritism to relatives, and friends issued loan or provides guarantees; (four) in other economic organization part-time; (five) violation legal, and
Other acts stipulated by administrative regulation and business management.
53rd commercial bank's staff shall not disclose during its tenure it knows State secrets, business secrets.
Fifth chapter 54th commercial bank financial accounting in accordance with the law and the uniform accounting system of the State as well as the relevant provisions of the banking regulatory agency of the State Council, establish and improve the Bank's financial and accounting systems. 55th commercial banks should, in accordance with the relevant provisions of the State, true record and fully reflect its business activities and the financial situation, prepare an annual financial report, to the banking regulatory agency of the State Council, the people's Bank of China and the State Council finance departments to submit.
Commercial banks are not allowed outside the statutory accounting records separate accounting records.
56th commercial banks shall, within three months following the end of each fiscal year, in accordance with the provisions of the banking regulatory agency of the State Council, announced its business performance and audit reports of the previous year.
57th commercial banks should, in accordance with the relevant provisions of the State, extract the doubtful, offsetting bad debts.
Article 58th of the Gregorian l from 1st to December 31 for the fiscal year.
Sixth regulatory 59th commercial banks should, in accordance with the relevant provisions of chapter, formulate their own business rules, establish and improve the Bank's risk management and internal control systems.
60th commercial banks should build and improve their own deposits, loans, settlement, bad debts and other auditing and inspection system.
Bank branch offices shall carry out regular audits and inspection and supervision.
61st commercial banks the State Council shall be in accordance with the provisions of the banking regulatory body, the people's Bank of China shall submit the balance sheet and the profit and other financial and statistical reports and information. 62nd banking regulatory body under the State Council are entitled to in accordance with this chapter, the fourth chapter, the provisions of the fifth chapter, at any time the Bank's deposits, loans and settlement monitoring checks, bad debts, etc. When checking supervision, inspection supervisors shall present a valid document.
Commercial banks should be requested by the banking regulatory agency of the State Council, provide financial accounting data, business contracts and other information related to management.
People's Bank of China is entitled to in accordance with the People's Republic of China Law on the rules of the 32nd, 34th, provide for inspection and supervision of commercial banks.
63rd shall accept auditing by the auditing departments of commercial banks.
Seventh chapter over and termination article 64th credit crisis has been or may be, seriously affecting the interests of depositors, banking regulatory body under the State Council shall be applied to the Bank takeover. Over seeks to effect was taken over by commercial banks to take the necessary measures to protect the interests of depositors and restore the normal operation of commercial banks.
Debt was taken over by commercial banks will not change because of the take-over. 65th taken over by the banking regulatory agency of the State Council decision and implementation.
Take over decisions of the banking regulatory agency of the State Council shall set out the following information: (a) the name of the Bank was taken over, (ii) to take over reason, (iii) take over the Organization; (d) the term.
Take over the decision by the banking regulatory agency of the State Council shall be announced.
66th over since the take-over decision will commence from the date of implementation.
Since taking over as starting date, by taking over bodies, commercial bank operation and management powers.
67th over expires, the banking regulatory agency of the State Council can decide to postpone, but the term shall not exceed two years. 68th under any of the following circumstances, to terminate the take-over: (a) the deadline set by the take-over decision expires or the banking regulatory agency of the State Council decided to take over expired; (b) before the expiration of the term, the banks ' ability to resume normal operations, (iii) before the expiration of the term, the commercial banks to be merged or declared bankrupt according to law.

Article 69th Division or merger or any articles of dissolution dissolution is required, an application shall be submitted to the banking regulatory agency of the State Council, together with reasons for the dissolution and paid a deposit of principal and interest on debt settlement programme.
Upon approval by the banking regulatory agency of the State Council dissolved. Dissolution of the Bank, they shall set up a group to carry out the liquidation, in accordance with the settlement plan timely reimbursement of the deposit and interest on debt.
State banking regulatory agencies overseeing the liquidation process.
70th commercial banks due to revocation of business licenses were revoked, banking regulatory body under the State Council shall, promptly set up a group to carry out the liquidation, in accordance with the settlement plan timely reimbursement of the deposit and interest on debt. 71st commercial banks cannot pay the due debt, agreed by the banking regulatory agency of the State Council, the people's Court declared bankrupt according to law.
Commercial banks were declared bankrupt, organized by the people's Court banking regulatory agency of the State Council and other relevant departments and associated personnel set up a group to carry out the liquidation.
While the bankrupt banks, payment of liquidation expenses, wages and labor insurance fees, priority should be given to pay principal and interest on a savings account.
72nd commercial banks due to dissolution, cancellation and termination is declared bankrupt.
Eighth chapter legal responsibility 73rd article commercial banks has following case one of, on deposits people or other customer caused property damage of, should bear paid delay perform of interest and other civil responsibility: (a) for no reason delay, and refused to paid deposits principal and interest of; (ii) violation notes acceptance, settlement business provides, not cash, not received pay recorded, pressure single, and pressure votes or violation provides refund of; (three) illegal query, and freeze, and buckle designated personal savings deposits or units deposits of;
(D) violations of the provisions of this law on depositor or other acts that cause harm to other clients.
Of the circumstances prescribed in the preceding paragraph, the banking regulatory agency of the State Council shall order rectification, has illegally obtained, confiscation of illegal gains, illegal gains of more than 50,000 yuan, and the illegal gains more than 1 time penalty of five times; not less than 50,000 yuan of illegal income or the illegal income, fines of between 50,000 yuan and 500,000 yuan.
74th article commercial banks has following case one of, by State banking supervision management institutions ordered corrected, has illegal proceeds of, confiscated illegal proceeds, illegal proceeds 500,000 yuan above of, and at illegal proceeds 1 time times above five times times following fine; no illegal proceeds or illegal proceeds insufficient 500,000 yuan of, at 500,000 yuan above 2 million Yuan following fine; plot special serious or late not corrected of, can ordered closed reorganization or revoked its business license; constitute crime of, law held criminal: (A) without approved established branch institutions of; (ii) without approved Division, and merged or violation provides on change matters not approval of; (three) violation provides improve or reduced interest rate and used other not due means, absorption deposits, issued loan of; (four) rental, and lending business license of; (five) without approved sale, and agent sale exchange of; (six) without approved sale Government bonds or issued, and sale financial bonds of; (seven) violation national provides engaged in trust investment and securities business business, and
To non-private real estate investments or investing in non-banking financial institutions and enterprises, and (VIII) to provide credit to those loans or guaranteed loans terms more favorable than conditions of similar loans to other borrowers.
75th article commercial banks has following case one of, by State banking supervision management institutions ordered corrected, and at 200,000 yuan above 500,000 yuan following fine; plot special serious or late not corrected of, can ordered closed reorganization or revoked its business license; constitute crime of, law held criminal: (a) refused to or hinder state banking supervision management institutions check supervision of; (ii) provides false of or hide important facts of financial accounting report, and report and statistics report of;
(C) failure to comply with capital adequacy ratio, loan ratio, liquidity ratio, the same borrower loans and the banking regulatory agency of the State Council other provisions related to asset-liability ratio management. 76th article commercial banks has following case one of, by people's Bank of China ordered corrected, has illegal proceeds of, confiscated illegal proceeds, illegal proceeds 500,000 yuan above of, and at illegal proceeds 1 time times above five times times following fine; no illegal proceeds or illegal proceeds insufficient 500,000 yuan of, at 500,000 yuan above 2 million Yuan following fine; plot special serious or late not corrected of, people's Bank of China can recommends state banking supervision management institutions ordered closed reorganization or revoked its business license
Constitutes a crime, criminal responsibility shall be investigated according to law: (I) unauthorized handling of foreign exchange settlement and sale, (ii) unauthorized inter-bank bond market, buying and selling bonds or borrowing from overseas, (iii) violations of the provisions of the interbank. 77th article commercial banks has following case one of, by people's Bank of China ordered corrected, and at 200,000 yuan above 500,000 yuan following fine; plot special serious or late not corrected of, people's Bank of China can recommends state banking supervision management institutions ordered closed reorganization or revoked its business license; constitute crime of, law held criminal: (a) refused to or hinder people's Bank of China check supervision of; (ii) provides false of or hide important facts of financial accounting report, and
Reports and statistical reports and (iii) not in accordance with the rules of the ratio of deposit reserves.
78th commercial banks under the circumstance of the 73rd to 77th of this law, directors and senior managers directly responsible and other persons directly responsible, should be given disciplinary punishment constitutes a crime, criminal responsibility shall be investigated according to law.
79th article has following case one of, by State banking supervision management institutions ordered corrected, has illegal proceeds of, confiscated illegal proceeds, illegal proceeds 50,000 yuan above of, and at illegal proceeds 1 time times above five times times following fine; no illegal proceeds or illegal proceeds insufficient 50,000 yuan of, at 50,000 yuan above 500,000 yuan following fine: (a) without approved in name in the using "Bank" words of; (ii) without approved purchase commercial banks shares total 5% above of;
(C) unit of stored funds to open an account in his own name.
80th article in accordance with the provisions of commercial banks to the banking regulatory agency of the State Council to submit relevant documents and information, the banking regulatory agency of the State Council shall order rectification, it fails, fines of between 100,000 yuan and 300,000 yuan.
Commercial banks in accordance with the provisions to the people's Bank of China shall submit the relevant documents and information, and by the people's Bank of China ordered corrective action and fails to correct it, fines of between 100,000 yuan and 300,000 yuan.
81st without the approval of the banking regulatory agency of the State Council, any establishment of commercial banks, or illegal pooling of public deposits, absorbing public deposits in disguised form, constitute a crime, criminal responsibility shall be investigated in accordance with law and be banned by the banking regulatory agency of the State Council.
Forging, altering, transferring commercial bank license constitutes a crime, criminal responsibility shall be investigated according to law.
82nd the borrower fraudulently obtaining credit and constitutes a crime, criminal responsibility shall be investigated according to law.
83rd 81st, 82nd article of this law, does not constitute a crime, by the banking regulatory agency of the State Council confiscated, illegal income of more than 500,000 yuan, and illegal gains more than 1 time penalty of five times; no illegal income or the illegal income is less than 500,000 yuan, fined a maximum of 500,000 yuan and more than 2 million Yuan.
84th commercial bank who used the convenience of duty, to ask for or accept bribes or rebates, and in violation of State regulations to accept a variety of fees, constitute a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, he shall be given disciplinary sanctions.
The preceding paragraph, make loans or provide guarantees losses, shall be liable for all or part of the liability.
85th commercial bank who used the convenience of duty, embezzlement, misappropriation, embezzlement or customer funds of the Bank, constitutes a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, he shall be given disciplinary sanctions.
86th commercial bank who violates this law damage caused by negligence, disciplinary action shall be constitutes a crime, criminal responsibility shall be investigated according to law.
Violates the provisions of favouritism to relatives, friends, loan or guarantee losses, shall be liable for all or part of the liability.
87th commercial bank who leaked while in Office is aware of State secrets, business secrets, should be given disciplinary punishment constitutes a crime, criminal responsibility shall be investigated according to law.
88th units or individuals for forcing commercial banks to make loans or provide guarantees, should be directly responsible for the officer in charge of disciplinary action and the other persons or individuals; losses caused, shall be liable for all or part of the liability.
Commercial banks against employees or forced loans or provide guarantees do not refuse, should be given disciplinary sanctions losses, should bear the compensation responsibility.
89th commercial bank violates the provisions of this law, banking regulatory body under the State Council can distinguish different situations, directly responsible to cancel the directors and senior management must term life qualifications, prohibition is directly responsible for the directors and senior management staff and other persons directly responsible for a certain period until a lifetime engaged in banking.
Commercial banks do not constitute a crime, to directors and senior managers directly responsible and other persons directly responsible, given a warning and fines of between 50,000 yuan and 500,000 yuan.
90th commercial banks and their staff on the State banking regulatory institutions, the people's Bank of China refuses to accept the decision, in accordance with the People's Republic of China administrative litigation lawsuit to the people's Court.
Before Nineth chapter supplementary articles article 91st implementation of this law, in accordance with the provisions of the State Council approved the establishment of the Bank not to proceed with the approval procedure.
92nd foreign-funded banks, Sino-foreign joint venture commercial banks, branches of foreign banks apply the provisions of this law, otherwise stipulated by laws, administrative regulations, in accordance with its provisions. 93rd urban credit cooperatives, rural credit cooperative deposit, loans and settlement businesses, this law shall apply to the relevant provisions.

94th postal enterprises handle the commercial banking business, this law shall apply to the relevant provisions. 95th article this law shall enter into force on July 1, 1995.

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