People's Republic of China promulgated by Decree No. 657
Announced the State Council on changes of People's Republic of China decision to foreign banks regulations, as of January 1, 2015.
Prime Minister Li keqiang
State Council on November 27, 2014, on the modification of the People's Republic of China regulations on the administration of foreign banks decided
Decision of the State Council of the People's Republic of China regulations on the management of foreign banks as follows: First, the eighth article is revised as follows: "foreign-funded banks, Sino-foreign joint venture banks in the People's Republic of China branch established in the territory, should be allocated by its head office free renminbi, or a freely convertible currency of working capital. Foreign-funded banks, Sino-foreign joint venture bank branches the sum of working capital, shall not exceed the total amount of capital 60%.
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Second, by deleting the article tenth, 11th and second, 12th, 28th and the second paragraph of article III.
Third, the 34th article is revised as follows: "foreign banking institutions operating in this section 29th or 31st provides service within the scope of RMB business, subject to the following conditions, and approved by the banking regulatory agency of the State Council:
"(A) before applying the People's Republic of China territory of more than 1 year;
"(B) the State Department other prudent requirements as prescribed by the banking regulatory authority.
"The restructuring of foreign bank branches from their headquarters on the separate funding of foreign-owned banks, first paragraph of the preceding paragraph the term since the date on which the foreign bank branches to set up. "1 branches of foreign banks have been approved to operate RMB business in accordance with this Ordinance, the other branch of the foreign bank applying for RMB business, without the limitation of paragraph one of this article first.
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This decision shall enter into force on January 1, 2015.
People's Republic of China regulations on the management of foreign banks in accordance with this decision be revised and republished.
People's Republic of China regulations on foreign banks
(November 11, 2006 People's Republic of China promulgated by Decree No. 478, released on July 29, 2014, on the decision to modify the part of the administrative regulations of the State Council revised November 27, 2014, for the first time the State Council on changes of People's Republic of China Foreign Bank decides second amendment to Regulation) Chapter I General provisions
The first in order to meet the needs of opening up and economic development, strengthening and improving the supervision of foreign banks and promote the sound operation of banking, this Ordinance is enacted.
Foreign banks referred to in article II of this Ordinance, is in accordance with People's Republic of China laws and regulations, approved in the People's Republic of China established the following institutions:
(A) individual contribution or 1 foreign 1 foreign banks banks and other foreign financial institutions co-financing the establishment of wholly foreign-owned banks;
(B) the foreign financial institutions and companies, enterprises jointly funded the establishment of Sino-foreign joint venture Bank;
(C) the branch of a foreign bank;
(Iv) a foreign Bank representative office.
First item of the preceding paragraph to third bodies, hereinafter referred to as foreign banks of commercial institutions.
Foreign financial institutions mentioned in article III of the regulations, refers to the People's Republic of China registered abroad and by the host countries or regions approved by the financial supervision authority or an approved financial institution.
Foreign banks mentioned in these regulations refers to in the People's Republic of China registered abroad and by the country or region of commercial bank approved by the financial supervision authority or license.
Fourth foreign banks must comply with People's Republic of China laws and regulations and must not harm People's Republic of China's national interests, public interests.
Foreign Bank activities and the legitimate rights and interests of People's Republic of China law. Article fifth banking regulatory agency of the State Council and its agencies (hereinafter referred to as the banking regulatory agency) is responsible for the supervision and management of foreign-funded banks and their activities.
Supervision and administration of laws, administrative regulations, other departments or agencies to supervise and administer the foreign-funded banks and their activities, in accordance with its provisions.
Article sixth banking regulatory agency of the State Council according to the national economic development strategy and related policy formulation on measures to encourage and guide, and submitted to the State Council for approval before implementation.
Chapter II establishment and registration
Article seventh foreign banks and their branches, should be examined and approved by the banking regulatory agencies. Article eighth foreign-funded banks, Sino-foreign joint venture Bank's minimum registered capital is RMB 1 billion yuan or its equivalent in a freely convertible currency.
Registered capital shall be paid up capital. Foreign-funded banks, Sino-foreign joint venture banks in the People's Republic of China branch established in the territory, should be allocated by its head office free renminbi, or a freely convertible currency of working capital.
Foreign-funded banks, Sino-foreign joint venture bank branches the sum of working capital, shall not exceed the total amount of capital 60%.
Branches of foreign banks should be allocated by their headquarters for free no less than RMB 200 million or its equivalent in a freely convertible currency of working capital.
Banking regulatory body under the State Council of foreign banking institutions business and prudential supervision needs, can increase the minimum amount of the registered capital or working capital, and provides one of its share.
Nineth proposed wholly foreign-funded banks, Sino-foreign joint venture Bank shareholders or intends to establish a branch, Representative Office of a foreign bank shall satisfy the following conditions:
(A) continuing profitability, in good standing, no major violation records;
(B) the shareholder of the proposed wholly foreign-funded Bank, Sino-foreign joint venture Bank's foreign shareholder or the proposed branches and representative offices of foreign banks have experience in international financial activities;
(C) have an effective anti-money laundering regime;
(D) of the proposed wholly foreign-funded Bank shareholders, foreign shareholders of Sino-foreign joint venture Bank, or the proposed branches, representative offices of foreign banks by country or region effective supervision of the financial supervision authority, and its application for consent of the country or region in which the financial supervision authority;
(E) the State Council other prudent requirements as prescribed by the banking regulatory authority.
Of the proposed wholly foreign-funded Bank shareholders, foreign shareholders of Sino-foreign joint venture Bank, or the proposed branches and representative offices of foreign banks from countries or regions should have a sound financial supervision and regulation system, and the financial supervision authority has with the banking regulatory agency of the State Council to establish good cooperation on supervision and management mechanism.
Tenth the shareholder of the proposed wholly foreign-funded Bank shall provide financial institutions, inter alia shall meet the requirements stipulated in this section Nineth, of which only or controlling shareholders should also meet the following conditions:
(A) for commercial banks;
(B) the total assets of the proposed end of the 1 year prior to the application of not less than US $ 10 billion;
(C) capital adequacy in line with national or regional financial regulatory authorities and banking regulatory body under the State Council.
11th Sino-foreign joint venture Bank shareholders are proposed in addition to the Ordinance article Nineth conditions, sole or principal shareholders foreign shareholders and the Chinese side should be for financial institutions, and foreign sole or major shareholders should also meet the following conditions:
(A) for commercial banks;
(B) the total assets of the proposed end of the 1 year prior to the application of not less than US $ 10 billion;
(C) capital adequacy in line with national or regional financial regulatory authorities and banking regulatory body under the State Council.
12th proposed establishment of branches of foreign banks should have the Ordinance article Nineth conditions, shall meet the following conditions:
(A) the total assets of the proposed end of the 1 year prior to the application of not less than US $ 20 billion;
(B) capital adequacy in line with national or regional financial regulatory authorities and banking regulatory body under the State Council.
13th foreign banks in People's Republic of China established a commercial institution, apart from the representative office has been set up, and no additional representative offices, but in line with national and regional economic development strategies and relevant policy except in the area.
Representative Office is approved for conversion to a commercial institution, shall handle the registration of the representative office.
14th to set up foreign-funded banking institutions should apply first to build, and to submit the following application information the proposed locality of the banking regulatory agencies:
(A) the application, includes the proposed organization's name, location, registered capital or working capital, application management business;
(B) feasibility studies;
(C) the proposed draft regulation of foreign-funded banks, Sino-foreign joint venture Bank;
(D) the proposed establishment of foreign-funded banks, Sino-foreign joint venture Bank shareholders to sign business contracts;
(E) the proposed wholly foreign-funded banks, Sino-foreign joint venture Bank shareholders or the proposed regulation of the branch of the foreign bank;
(F) the proposed wholly foreign-funded banks, Sino-foreign joint venture Bank shareholders or proposed establishment of branches of foreign banks and the Group's organization chart, list of major shareholders, overseas subsidiaries and associated companies;
(G) the proposed wholly foreign-funded banks, Sino-foreign joint venture Bank shareholders or the proposed foreign bank branch annual reports of the past 3 years;
(H) the proposed establishment of foreign-funded banks, Sino-foreign joint venture Bank shareholders or branch of a foreign bank's anti-money laundering regime to be established;
(I) of the proposed wholly foreign-funded Bank shareholders, foreign shareholders of Sino-foreign joint venture banks or branches of foreign banks are proposed country or region issued by the financial supervision authority of the business license or financial business license copy of the document and the submission of its application;
(10) other information prescribed by the banking regulatory agency of the State Council.
Proposed establishment of the banking regulatory agency of the place of application materials should be submitted together with an audit opinion, submitted to the banking regulatory agency of the State Council in a timely manner. 15th banking regulatory body under the State Council shall set up foreign-funded banking institutions received a complete application within 6 months from the date of approval or not approval decision and notify the applicant in writing.
Decided not to grant, and shall state the reasons.
Special cases, the banking regulatory agency of the State Council could not complete the review within the time limit specified in the preceding paragraph and make approval or not approval decisions, may extend the review period, and notify the applicant in writing, but the extension period shall not exceed 3 months.
Applicant approval documents to the banking regulatory agencies, where the proposed branch to obtain application form for opening.
16th the applicant shall be allowed to complete the preparation within 6 months from the date of preparation. Did not complete the preparation within the prescribed period, it shall explain the reasons, after approval of the banking regulatory agency of the place of proposed, can be extended by 3 months.
During the extended period has yet to complete the preparation, approval of the banking regulatory body under the State Council decided to automatically expire.
17th acceptance completed preparatory work, the applicant shall fill in the application form for opening, together with data submitted to the proposed establishment of the banking regulatory agency of the place of:
(A) the proposed branch of the main charge and resumes;
(B) to the organs of power of attorney to be appointed;
(C) capital verification certificate issued by a statutory capital verification organization;
(D) safety precautions and information and other business-related facilities;
(E) on the branch of a foreign bank branches bear the tax, debt responsibility of guarantee;
(F) other information prescribed by the banking regulatory agency of the State Council.
Proposed establishment of the banking regulatory agency of the place of application materials should be submitted together with an audit opinion, submitted to the banking regulatory agency of the State Council in a timely manner. Article 18th banking regulatory body under the State Council shall, on receipt of the completed applications within 2 months from the date of incorporation, to approve or disapprove the opening decision and notify the applicant in writing.
Approved by decision should be issuing financial licenses; decided not to ratify, it shall explain the reasons.
19th foreign banks established approved commercial agencies shall use the financial license to register with the Administrative Department for industry and commerce to obtain business licenses.
Foreign Bank representative office 20th, following application materials should be submitted to the banking regulatory agency of the proposed representative office is located:
(A) the application, including the proposed representative office name, location, etc;
(B) feasibility studies;
(C) the statutes of the applicant;
(D) the applicant and the Group's organization chart, list of major shareholders, overseas subsidiaries and associated companies;
(E) annual reports of the last 3 years of the applicant;
(F) the applicant's anti-money laundering regime;
(VII) to be appointed the Chief Representative of the identity and qualifications of copy of curriculum vitae and statement of the person to be appointed has no adverse record;
(H) to be appointed as the Chief Representative of the power of Attorney;
(I) issued by the financial supervision authority of the applicant's country or region business licenses or financial business license copy of the document and the submission of its application;
(10) other information prescribed by the banking regulatory agency of the State Council.
Banking regulatory agencies, where the proposed Representative Office application materials should be submitted together with an audit opinion, submitted to the banking regulatory agency of the State Council in a timely manner. 21st banking regulatory body under the State Council should be since foreign Bank representative office receives the complete application within 6 months from the date of approval or the decision not to approve the establishment of, and notify the applicant in writing.
Decided not to grant, and shall state the reasons.
22nd approved the establishment of representative offices of foreign banks, should present the document to the administrative authorities for industry and commerce registration, receiving the registration certificate.
23rd article this article 14th, 17th, 20th, the information listed, in addition to an annual report, where written in foreign language, shall be accompanied by a Chinese translation. 24th article in accordance with the principles of legality, prudent and sustainable management, approved by the banking regulatory agency of the State Council, foreign banks can be in the People's Republic of China established within the branch for conversion to wholly foreign-funded Bank funded by the separate.
The applicant shall in accordance with the provisions of the banking regulatory agency of the State Council for approval conditions, procedures, application data application for establishment of foreign-owned banks. 25th restructuring of foreign bank branches from their headquarters on the separate funding of foreign-owned banks, approved by the banking regulatory agency of the State Council, the foreign bank can remain within the prescribed time limit 1 foreign exchange wholesale business in the branch.
The applicant shall in accordance with the provisions of the banking regulatory agency of the State Council for approval conditions, procedures, applications for information.
Foreign Exchange wholesale business referred to in the preceding paragraph, refers to the foreign exchange business in addition to individual customers.
Article 26th foreign bank directors and senior managers and the Chief qualifications shall meet the conditions prescribed by the banking regulatory agency of the State Council, and approved by the banking regulatory agency of the State Council.
27th foreign bank has one of the following circumstances shall be subject to approval of the banking regulatory agency of the State Council, and in accordance with the requirements to submit application materials to law relating to registration with the industrial and commercial administrative authority:
(A) change of the registered capital or working capital;
(B) change the organization name, place of business or Office premises;
(C) change of business scope;
(D) change or adjust the shareholding ratio of the shareholders;
(E) revision of articles;
(Vi) other circumstances as prescribed by the banking regulatory agency of the State Council.
Change of Directors, senior management, the Chief Representative of foreign banks should be reported to their qualifications approved by the banking regulatory agency of the State Council.
Article 28th of foreign-funded banks, Sino-foreign joint venture Bank shareholders, changing the shareholder shall, subject to this Ordinance after Nineth, tenth and 11th on the condition of shareholder.
Chapter III business scope
Article 29th foreign-funded banks, Sino-foreign joint venture Bank business scope approved by the banking regulatory agency of the State Council, and can handle some or all of the following foreign exchange and RMB businesses:
(A) take deposits from the public;
(B) granting short-term, medium-term and long-term loans;
(C) Bills acceptance and discount;
(D) the sale of government bonds, financial bonds, stock trading foreign currencies other than securities;
(E) provision of credit services and guarantees;
(F) handle domestic and international settlement;
(G) the sale, agent sale of foreign exchange;
(H) the insurance agent;
(I) engaging in inter-bank;
(J) engage in the bank card business;
(11) providing safe deposit box services;
(12) providing credit information and advisory services;
(13) other businesses approved by the banking regulatory agency of the State Council.
Foreign-funded banks, Sino-foreign joint venture banks approved by the people's Bank of China, engaged in the settlement and sale businesses.
30th foreign-funded banks, Sino-foreign joint venture Bank branch at head office to operate within the scope of authority, its civil liability borne by the head office.
31st foreign bank branch business scope approved by the banking regulatory agency of the State Council, may in part or all of the following foreign exchange business and RMB business to customers besides the Chinese residents:
(A) take deposits from the public;
(B) granting short-term, medium-term and long-term loans;
(C) Bills acceptance and discount;
(D) the sale of government bonds, financial bonds, stock trading foreign currencies other than securities;
(E) provision of credit services and guarantees;
(F) handle domestic and international settlement;
(G) the sale, agent sale of foreign exchange;
(H) the insurance agent;
(I) engaging in inter-bank;
(10) providing safe deposit box services;
(11) providing credit information and advisory services;
(12) other businesses approved by the banking regulatory agency of the State Council.
Branches of foreign banks can absorb the Chinese citizens in each of not less than 1 million-Yuan deposit.
Branches of foreign banks approved by the people's Bank of China, engaged in the settlement and sale businesses.
Article 32nd foreign bank branches and branches of civil liability borne by its head office.
Article 33rd Foreign Bank representative offices can engage in foreign banking business-related contacts, market research, consulting and other non-business activities.
Foreign Bank representative offices of civil liability arising out of acts, borne by the foreign bank it represents.
Article 34th foreign banking institutions operating in this section 29th or 31st provides service within the scope of RMB business, subject to the following conditions, and approved by the banking regulatory agency of the State Council:
(A) before applying the People's Republic of China territory of more than 1 year;
(B) the State Department other prudent requirements as prescribed by the banking regulatory authority.
Branch of a foreign bank for conversion to wholly foreign-funded Bank funded by the its headquarters alone, first paragraph of the preceding paragraph the term since the date on which the foreign bank branches to set up.
1 branches of foreign banks have been approved to operate RMB business in accordance with this Ordinance, the other branch of the foreign bank applying for RMB business, without the limitation of paragraph one of this article first.
Supervision and administration of the fourth chapter
Article 35th foreign banking institutions shall, in accordance with the relevant provisions, formulate their own business rules, establish and improve risk management and internal control systems, and compliance.
Article 36th foreign banking institutions should comply with the national unified accounting system and the provisions of the banking regulatory agency of the State Council on information disclosure.
37th foreign banking institutions borrowing shall be in accordance with the relevant provisions of the State.
Article 38th foreign banking institutions shall be determined in accordance with the relevant provisions of deposit, loan rates and processing fees.
39th foreign banking institutions engaged in deposit business, shall, in accordance with the rules of the regulations deposited in the reserve. 40th solely foreign-funded banks, Sino-foreign joint venture Bank shall comply with the People's Republic of China commercial bank law provisions on asset-liability ratio management.
From its head office of the foreign bank branch changes separately-funded foreign-owned banks and prior to implementation of these regulations, the establishment of foreign-funded banks, Sino-foreign joint venture Bank, the ratio between assets and liabilities not complying shall, within the time limit prescribed by the banking regulatory agency of the State Council meet the prescribed requirements.
Banking regulatory body under the State Council may require higher risks, risk management ability of foreign-funded banks, Sino-foreign joint venture Bank to raise capital ratios.
41st foreign-funded banking institutions shall, in accordance with provisions of article provision for bad debt reserves.
42nd solely foreign-funded banks, Sino-foreign joint venture Bank shall comply with the provisions of the banking regulatory agency of the State Council on corporate governance.
43rd foreign-funded banks, Sino-foreign joint venture Bank shall comply with the provisions of the banking regulatory agency of the State Council relating to related party transactions.
44th foreign bank branches operating funds of 30% specified by the banking regulatory agency of the State Council should be interest-bearing assets form.
45th, branches of foreign banks operating capital plus reserves, and the Yuan and the Renminbi share in risk assets ratio shall not be less than 8%.
Banking regulatory body under the State Council may require higher risk, risk management, weak branches of foreign banks increase the proportion stipulated in the preceding paragraph. Article 46th foreign bank branches should ensure the liquidity of their assets.
Ratio of liquid assets and current liabilities balances shall not be less than 25%.
47th branch of a foreign bank within the territory of the balances in foreign currency assets shall not be less than the balance of foreign currency liabilities.
48th People's Republic of China set up 2 and 2 or more branches of foreign banks, 1 branch of which should be authorized to exercise unified management over other branches.
State banking regulatory agencies of foreign banks in the People's Republic of China branch established the implementation of consolidated supervision in the territory.
49th foreign-funded banking institutions should be in accordance with the relevant provisions of the banking regulatory agency of the State Council, reports to the local banking regulatory agencies across borders of large capital flows and asset transfers.
50th state banking regulatory agencies according to foreign banks operating risks, can be legally taken to suspend part of the business, order the special regulatory measures such as replacing senior managers. 51st foreign-funded banking institutions should be employed in the People's Republic of China territory lawfully established accounting firms to audit its financial reports, and shall be reported to the local banking regulatory agency.
Fired accounting firm shall state the reasons.
52nd foreign banking institution shall be submitted to the banking regulatory body pursuant to the provisions of financial accounting reports, statements and related information.
Foreign Bank representative office shall in accordance with the provisions of the banking regulatory agencies to submit information.
53rd foreign banks should be supervised by the banking regulatory authority in accordance with law, checks, and may not refuse or impede.
54th with foreign-funded banks and Sino-foreign joint venture Bank shall be independent of the internal control system, risk management system, financial accounting system, computer information management system.
55th foreign banks in People's Republic of China set up wholly foreign-owned bank, Chairman, senior managers and branches of foreign banks involved in foreign exchange wholesale business shall not be part of senior managers. 56th foreign banks in People's Republic of China set up wholly foreign-owned banks with foreign exchange wholesale business transactions between the branch of a foreign bank must comply with the commercial principles, terms and conditions shall not exceed those associated with non-trade conditions.
Foreign banks in the People's Republic of China set up wholly foreign-owned banks with foreign exchange wholesale business transactions between the branch of a foreign bank shall provide a full guarantee.
57th Foreign Bank representative offices and their staff shall not engage in any form of business activities.
The fifth chapter termination and liquidation
Article 58th operating agencies to stop business activities of foreign banks should be terminated in writing before 30th of operational activities apply to the banking regulatory agency of the State Council, after examination and approval will be dissolved or closed and liquidated.
59th foreign credit crisis in banking institutions has been or may be, seriously affecting the legal rights of depositors and other clients, banking regulatory body under the State Council may, in accordance with the foreign banks operating institutions over or promote restructuring.
60th the foreign banking institutions because of dissolution, closure, termination is revoked or declared bankrupt according to law, for the settlement of specific issues, in accordance with the People's Republic of China laws and regulations apply.
61st foreign banks end business liquidation, it should be to the original registration organ within the statutory time limit for cancellation of registration.
62nd itself terminate the activities of the representative office of a foreign bank shall obtain the approval of the banking regulatory agency of the State Council to shut it, and to the original registration organ within the statutory time limit for cancellation of registration.
The sixth chapter legal liability 63rd article without state banking supervision management institutions review approved, unauthorized established foreign bank or illegal engaged in banking financial institutions of business activities of, by State banking supervision management institutions be banned, since was banned of day up 5 years within, state banking supervision management institutions not accepted the party established foreign bank of application; constitute crime of, law held criminal; is not constitute crime of, by State banking supervision management institutions confiscated illegal proceeds, illegal proceeds 500,000 yuan above of,
And the illegal gains more than 1 time penalty of 5 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.
64th article foreign bank business sex institutions has following case one of of, by State banking supervision management institutions ordered corrected, confiscated illegal proceeds, illegal proceeds 500,000 yuan above of, and at illegal proceeds 1 time times above 5 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 financial license; constitute crime of, law held criminal:
(A) the unauthorized establishment of branches;
(B) unauthorized alteration and termination;
(C) engaging in unauthorized business activities of the contravention;
(D) violation of regulations, raising or lowering deposit interest rates, loan interest rates.
65th foreign banks has one of the following circumstances, the banking regulatory agency of the State Council shall order rectification, fined a maximum of between 500,000 yuan and 200,000 yuan; the circumstances are especially serious, or it fails, can be ordered to suspend business for rectification or revoke its financial services permit, revoke it constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) is not in accordance with the relevant provisions of the information disclosure;
(B) refuse or hinder the supervision and inspection of banking regulatory authority in accordance with law;
(C) provide false or concealing important facts of financial and accounting reports, statements or other relevant information;
(D) needed to conceal, damage to the supervision and inspection of documents, certificates, books, electronic data or other documents;
(E) without the qualification approval to appoint directors, senior management, the Chief Representative;
(F) refuse to carry out the provisions of section 50th special regulatory measures.
66th foreign banking institution in violation of the relevant provisions of the regulations, fails to submit financial and accounting reports, statements or information on, or not in accordance with the provisions of the relevant business rules, establish and improve the management system, the banking regulatory agency of the State Council shall order correction within; it fails, fines of between 100,000 yuan and 300,000 yuan.
67th foreign banking institution in violation of the relevant provisions of the Ordinance the fourth chapter in business or serious violations of other prudential rules, the banking regulatory agency of the State Council shall order rectification, fined a maximum of between 500,000 yuan and 200,000 yuan; the circumstances are especially serious, or it fails, may be ordered to close for rectification or revoke their financial licenses.
68th foreign banking institution in violation of the regulations, banking regulatory agency of the State Council in accordance with the regulations set forth in 63rd to 67th penalties, can also distinguish between different situations, to take the following measures:
(A) order to replacing foreign-funded banking institutions are directly responsible for the directors and senior management staff and other persons;
(B) foreign banking institution does not constitute a crime, are directly responsible for the directors, senior managers and other personnel directly responsible for warning and fines of between 50,000 yuan and 500,000 yuan;
(C) cancel directly responsible for the directors, officers, until a certain period life in the People's Republic of China territory of qualifications, prohibition is directly responsible for the directors and senior management staff and other persons directly responsible for a certain period until the life in the People's Republic of China engaged in banking.
69th article Foreign Bank representative at violation this Ordinance provides, engaged in business sex activities of, by State banking supervision management institutions ordered corrected, give warning, confiscated illegal proceeds, illegal proceeds 500,000 yuan above of, and at illegal proceeds 1 time times above 5 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 serious of, by State banking supervision management institutions be revoked; constitute crime of, law held criminal.
70th Foreign Bank representative offices have one of the following circumstances, the banking regulatory agency of the State Council shall order rectification, given a warning and a fine below 100,000 yuan and 300,000 yuan in serious cases, cancel the Chief Representative of a certain term in the People's Republic of China territory of qualifications or Chief Representative foreign bank replaced its the circumstances are especially serious, be revoked by the banking regulatory agency of the State Council:
(A) unauthorized alteration of office space;
(B) is not in accordance with the provisions of the banking regulatory agency of the State Council submitted information;
(C) in violation of these regulations or other provisions of the banking regulatory agency of the State Council.
71st foreign banks violate People's Republic of China laws and regulations, by the competent authorities according to law.
The seventh chapter by-laws 72nd Hong Kong S.A.R., and Macau S.A.R. and Taiwan financial institutions established in the Mainland in the area of banking institutions, this Regulation shall apply, mutatis mutandis.
As otherwise provided by the State Council in accordance with its provisions. 73rd of these regulations come into force on December 11, 2006. Published by the State Council on December 20, 2001 the People's Republic of China regulations on the management of foreign financial institutions at the same time abolish.
