Director Of Banking Institutions (Director) And Senior Management Staff Of Vocational Qualification Management Approach

Original Language Title: 银行业金融机构董事(理事)和高级管理人员任职资格管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398687.shtml

Director of banking institutions (Director) and senior management staff of vocational qualification management approach

    (November 18, 2013 Chinese Banking Regulatory Commission announced on December 18, 2013, 2013 3rd promulgation) Chapter I General provisions

    First for perfecting the directors of banking institutions (Director) and senior management staff of vocational qualification management, legal, stable and increasing, according to the People's Republic of China Banking Regulatory Act, the People's Republic of China on commercial banks and the People's Republic of China on administrative licensing law and other laws and regulations, these measures are formulated.

Second banking institutions in these measures (hereinafter referred to as financial institutions), refers to the People's Republic of China set up commercial banks and rural cooperative banks, rural banks, rural credit cooperatives, rural credit cooperatives, branches of foreign banks and other financial institutions that take deposits from the public as well as policy banks.

    In People's Republic of China territory established of financial assets management company, and trust, and group financial company, and financial rental company, and car financial company, and currency brokers company, and consumption financial company, and loan company, and rural credit unions joint social, and province (autonomous regions) Rural Credit Union joint social, and rural funds mutual social, and foreign financial institutions China representative institutions and by regulatory institutions approved established of other financial institutions of Director (governing) and senior management personnel of served qualification management, applies this approach.

Third senior managers in these measures refers to financial institution headquarters and branch office management of the Agency management, risk control, decision-making power or influence of all categories of personnel.

    Director of banking institutions (Director) and qualifications of the senior management shall be approved by the regulators, specific persons by the CBRC administrative licensing regulations, as well as the People's Republic of China foreign investment rules for the implementation of the relevant provisions of the Banking Ordinance.

    Article fourth of vocational qualification management in these measures refers to regulators the qualifications, approval and termination requirements, supervision of financial institutions to strengthen Director (Director) and senior management representation management to ensure that its directors (directors) and meet the qualifications of senior managers of the whole process.

Article fifth regulators in these measures, refers to the banking regulatory agency of the State Council (hereinafter referred to as the CBRC) and its agencies.

    CBRC and its local agencies in the management of qualifications and duties, in accordance with the relevant provisions of the CBRC.

Sixth financial institution should ensure that its directors (Director) and senior managers when he set during and always in accordance with the corresponding qualifications, have the appropriate qualifications.

    Director (Director) and senior management been filled during the qualification conditions are not met, financial institutions should make it within a time limit or stop its service and report the relevant regulators.

    Chapter II qualifications

    Article seventh qualifications mentioned in these measures refers to financial institutions, current directors to be appointed (Director) and senior management in the character, reputation, knowledge, experience, ability, financial status, independence, should meet regulatory requirements.

Article eighth financial institution to be appointed, a current Director (Director) and the qualification of basic conditions of senior management including:

(A) have full capacity for civil conduct;

(B) has a good compliance compliance records;

(C) has a good character and reputation;

(D) have served as directors of financial institutions (Director) and senior manager positions required knowledge, experience and skills;

(E) has a good economy, the financial sector records;

(Vi) personal and family financial stability;

(VII) have served as directors of financial institutions (Director) and the independence required for senior management positions;

    (H) to fulfil the faithfulness and diligence of financial institutions.

Nineth financial institutions, current directors to be appointed (Director) and the senior management of the presence of the following circumstances, these measures are considered to be inconsistent with article eighth paragraph (b), (c) and (e) provision of conditions:

(A) criminal record of intentional or gross negligence;

(B) acts that violate the social morality of bad, bad influence;

(C) has served illegal operations-agency activities or personal responsibility for major losses or direct leadership responsibilities, and in serious cases;

(D) serve as is or has been taken over, revocation, bankruptcy or revoke its business license boards of Directors (governing) or senior managers, but to prove that I have worked in institutions were taken over, revocation, bankruptcy or revoked except for individual responsibility is not;

(E) for breach of professional ethics, ethics or grave negligence, resulting in heavy losses or adverse effects;

(Vi) Regulation for instigating, participating in working do not match or case investigation;

(VII) was canceled to life in Director (Director) and qualifications for senior managers, or by regulators or other financial management sector sanctions totaled more than twice;

    (VIII) does not have the qualifications as provided herein, using unfair means to obtain the qualification approval.

Tenth financial institutions, current directors to be appointed (Director) and the senior management of the presence of the following circumstances, these measures are considered to be inconsistent with article eighth paragraph (vi), (VII) provision of conditions:

(A) his or her spouse has a relatively large amount of overdue debt could not be repaid, including but not limited to the overdue loans of the financial institutions;

(B) merge themselves and their close relatives hold the financial institutions more than 5% shares, and the total amount of credit obtained from the financial institution significantly exceeded its net value of the shares of financial institutions;

(C) for themselves and their shareholders combined hold the financial institutions holding more than 5% shares, and the total amount of credit obtained from the financial institution significantly exceeded its net value of the shares of financial institutions;

(D) himself or his or her spouse in possession of 5% per cent of the financial institution shareholders of formations and units from the shareholder to the total credit of all financial institutions to obtain significantly more than any of its net value of the shares of financial institutions, but can demonstrate the appropriate credit and unrelated to each other except himself or his spouse;

Provisions of the preceding paragraph shall not apply to financial companies.

(E) there are other positions in the financial institution to be appointed, current functions have obvious conflicts of interest, or clearly separated in the financial institutions duty time and energy.

    Near relatives in these measures include spouse, parents, children, siblings, grandparents, grandparents, grandchildren, and their children.

Article 11th may not be listed in the Nineth and tenth case, financial institutions, the incumbent independent directors to be appointed must not exist in the following situations:

(A) merge themselves and their close relatives hold the financial institutions more than 1% shares or equity;

(B) themselves or their close relatives hold the financial institutions more than 1% shares or equity positions in Office;

(C) his or her close relatives in the financial institution, the financial institution holding or actual control of bodies;

(D) himself or his close relatives in employment cannot repay the loans of the financial institutions sector;

(V) himself or his close relatives at the Agency and I would (now) served financial institutions for legal, accounting, auditing, management consulting, security cooperation and other aspects of business relations or credit and debt interest, that interfere with their duty of independence;

    (Vi) himself or his close relatives may be the financial institution shareholders, top management control or exercise significant influence, other circumstances that interfere with their duty of independence.

    12th financial institution to be appointed, a current Director (Director) and senior managers appear legal, administrative rules and regulations stipulated shall not hold financial institutions Directors (Director) and senior managers in other circumstances, as does not meet the qualifications regulators.

    13th of all kinds of financial institutions, current directors to be appointed (Director) and senior managers should have qualifications and working years according to China Banking Regulatory Commission on administrative licensing regulations, as well as the People's Republic of China foreign investment rules for the implementation of the relevant provisions of the Banking Ordinance.

    Chapter III qualifications for review and approval

    14th financial institution directors (Director) and senior managers should be obtained prior to serving in the qualification approval, before receiving the qualification approval may not perform their duties.

    15th financial institutions appointed Director (Director) and senior managers or someone authorized to perform Director (Director) or senior management responsibility, you should verify that it meets the qualifications and qualifications for application to regulators.

    16th all types of financial institutions to submit qualifications to the application materials and procedures according to the CBRC administration licensing regulations, as well as the People's Republic of China foreign investment rules for the implementation of the relevant provisions of the Banking Ordinance.

Article 17th in addition to audit financial institutions to submit qualifications to apply for materials, the regulator can be reviewed by people whether they meet the qualifications to be appointed, and issued to financial institutions approve or not to approve the qualifications of a written decision:

(A) regulatory information query system to be appointed person or persons to be appointed has served in the agency information;

(B) the access control file queries to be appointed person or persons to be appointed has served in the agency information;

(C) to seek the relevant regulators or other authorities;

(D) by the relevant State organs, credit institutions, who has served in the institutions, to be appointed to verify information about the person to be appointed;

    (E) to test the expertise and capacity of the person to be appointed.

18th man served as a financial institution to be appointed Chairman (Chairman) or senior management personnel, qualifications of the applicants submitted application materials, the auditing report shall be submitted by the person to be appointed. Auditing report shall, within 60 days after leaving Office for the person submitted to its departure place of regulators.

    Laterally in the same institution, should be on the officer after leaving 30th submission to the place where its departure within regulatory agencies.

19th, Chairman of a financial institution (Governor-General) the auditing report shall include at least the following conditions and responsibilities (including lead responsibilities and direct responsibility) assessment:

(A) the implementation of national laws and regulations, the rules and regulations;

(B) working or in charge of the Department's internal controls, risk management is valid;
(C) service agencies or departments of a major case, major or significant risk of loss;

(D) I is involved in the operation of the working of the significant related party transactions, as well as the significant related party transactions are disclosed according to law;

(V) Tung () operation is lawful and valid.

    Auditing report should also include the audited object is illegal, violations, violations and penalties, subject to the imposition of record of information.

20th the departure of senior managers of financial institutions should include at least the following audit reports and responsibilities (including lead responsibilities and direct responsibility) assessment:

(A) the implementation of national laws and regulations, the rules and regulations;

(B) working or in charge of the Department of management is in compliance;

(C) the working or in charge of the Department's internal controls, risk management is valid;

(Iv) service agencies or departments of a major case, major or significant risk of loss;

(E) personally involved by working or being in charge of significant related party transactions in the sector, as well as the significant related party transactions are disclosed according to law.

    Auditing report should also include the audited object is illegal, violations, violations and penalties, subject to the imposition of record of information. Article 21st senior managers of financial institutions within the same legal entity of similar parallel adjustment positions or moved the lower positions, do not need to reapply for qualification. Before serving the person to be appointed shall be made to the location of the proposed institution submitted to the auditing of the CBRC report serving and related materials.

Offsite Office, where the proposed organizations shall provide the Office of the CBRC local institutions for supervision and evaluation of the CBRC.

Any of the following circumstances, where the proposed institution of the CBRC shall notify the financial institution where the person to be appointed to reapply for qualification:

(A) is not served on the person to be appointed before the departure of the audit report and related materials serving;

(B) auditing report conclusions are not real, or show there may be not suitable for person to be appointed to new positions;

(C) worked as local institutions of the CBRC supervision and evaluation showed that the person to be appointed may have does not meet the qualifications of these measures;

    (D) has been more than a 1-year hiatus.

22nd, Chairman of a financial institution (Chairman), President (Manager, Director) and Governor of the branch (Manager, Director) vacancy, the financial institution shall, in accordance with the articles of incorporation and other rules designated personnel on duty, and after the specified report to regulators in the 3rd.

    Financial institutions should ensure that duty staff meet the qualifications as provided herein.

23rd regulators found took the duty officer did not meet the qualifications of, and shall order financial institutions to adjust the duty officer within. Duty may not exceed the CBRC related term in administrative license regulations.

    Financial institutions shall, within the time limit the qualification approval personnel in the selection officially.

    24th received financial institution regulators approve or not to approve the qualifications of a written decision, and shall immediately inform the person to be appointed the qualification examination results.

    Qualifications for the fourth chapter ending

25th under any of the following circumstances, regulators should revoke the qualification approval decisions made by:

(A) regulatory personnel who abuse their powers, neglect their duties, beyond the terms of reference, violations of statutory procedures without qualified personnel approved their qualifications;

(B) a financial institution directors (directors) and when applying for the qualification of senior managers do not have the qualifications, regulatory agencies in the review did not find, but approved their qualifications and found the situation;

(C) does not meet the basic conditions of qualifications obtained through improper means Directors (directors) and the qualification of senior management;

    (D) other circumstances as the qualification approval decisions shall be dismissed according to law.

Article 26th has qualifications to be appointed, a current Director (Director) and the senior management of the presence of the following circumstances, failure of the qualifications of the personnel, the financial institution shall promptly report the regulators:

(A) three months after the regulators issued the qualification approval document, perform their respective responsibilities not actually arrived, and no justification provided to regulators;

(B) the death, disappearance, or loss of legal capacity, and financial institutions to stop their directors (directors) or senior management service;

(C) due to resign, by dismissal, removal of financial institutions, or ceases to be a financial institution such as retirement and health directors (directors) or senior management positions;

(D) as being entitled to the restriction of personal freedom or financial institutions be held criminally responsible to cease its directors (directors) or senior management service;

    (E) at the same institution internal adjustment functions cease to be directors (directors) or senior management positions lasting more than one year.

27th financial institution has any of the following circumstances, regulators on the seriousness and its consequences, cancel directly responsible for Director (Director) and senior managers for more than a year for five years to the following qualifications:

(A) the illegal operations, the plot is more serious or large amount of loss;

(B) the internal management and control systems or performing oversight, resulting in large amount of losses or to trigger larger financial crimes;

(C) violation of prudential rules, resulting in a relatively large amount of the loss or trigger larger financial crimes;

(D) failing to provide reports to regulators, reports and other documents or information, prompted by regulators in writing, refusing to correct;

(E) is not in accordance with the provisions of the information disclosure, prompted by regulators in writing, refusing to correct;

(F) refuse or block against supervision according to law, if the case is serious;

(G) after major crimes or major emergencies occur, time reporting, reporting, does not take timely and appropriate measures to control the damage, not to cooperate with the relevant departments of investigation cases or emergencies;

    (VIII) being closed down during the reorganization, receivership, reorganization, and did not take action in accordance with regulatory requirements.

28th financial institution has any of the following circumstances, regulators on the seriousness and its consequences, cancel directly responsible for Director (Director) and senior managers of five to ten years the following qualifications:

(A) the illegal operations, serious or causing a huge amount of loss;

(B) the internal management and control systems or performing oversight, resulting in great loss or major financial crimes;

(C) serious violations of the prudential rules, resulting in great loss or major financial crimes;

(D) to provide regulators with false statements or concealing material facts, reports and other documents or information;

(V) the disclosure of false information, prejudice the legitimate interests of depositors and other clients;

(F) refuse or block against regulation, serious;

    (G) being closed down during the reorganization, receivership, reorganization, illegal transfer, the transfer of other rights of property or property set.

29th financial institution has any of the following circumstances, regulators on the seriousness and its consequences, cancel directly responsible for Director (Director) and senior managers more than a decade until the lifetime of qualifications:

(A) the illegal operations, the circumstances are especially serious or causing a huge amount of loss;

(B) the internal management and control systems or performing oversight, resulting in a huge amount of loss or caused a particularly serious cases of financial crime;

(C) serious violations of the prudential rules, resulting in a huge amount of loss or caused a particularly serious cases of financial crime;

(D) to provide regulators with false or concealing important facts, statements, reports and other documents, information, and the circumstances are especially serious;

(V) the disclosure of false information, serious prejudice the legitimate interests of depositors and other clients;

(Vi) Regulation for obstacles, rejection, confrontation, the circumstances are especially serious;

    (G) the revocation, bankruptcy or cause regional or systemic financial risk.

30th financial institution directors (Director) and senior managers can have one of the following, as appropriate, a lighter or mitigated or exempted from punishment:

(A) there is sufficient evidence to show that the Director (Council) and the duty of diligence of senior managers;

(B) the Director (Director) and senior management personnel of an emergency or significant risk taking remedial measures, effective control of loss and adverse effects;

(C) loss or adverse consequences on matters in the collective decision-making process has published objections clear, and there is a written record;

(D) from superior systems, decision or explicit instructions, resulting in the loss or negative consequences, but enforced the illegal decision of the excluded;

    (E) other circumstances that can be given a lighter or mitigated or exempted from punishment according to law.

    The fifth chapter management responsibility for financial institutions

    31st financial institution should establish Director (Director) and senior management representation management system, and timely reports to regulators.

    32nd financial institutions delegate or appoint Directors (Director) and senior managers of the former should be an investigation of the person to be appointed meets the qualifications, and will record and document the results of the investigation process into the qualifications for application materials.

33rd financial institution to confirm to the Agency Director (Director) and senior managers do not meet the qualification criteria, should stop its service and written report to regulators.

    Director (Director) and senior managers for the tenth and 11th columns do not meet the qualifications, financial institutions should be ordered to rectify; fails, should stop its service and 3rd to regulators in a written report.

34th to appear if the following conditions, financial institutions should be written to regulators in the 3rd report:

(A) three months after the regulators issued the qualification approval document, people not actually to be appointed to either perform their respective responsibilities;

(B) the Director (Council) and the resignation of senior management;

(C) dismissal of Directors of financial institutions (Director) and senior management personnel;

(D) at the same institution internal adjustment functions cease to be directors (directors) or senior management positions;

    (E) the financial institution of its Director (Director) and senior managers to dispose of.
35th to appear the following effect when on duty, financial institutions should stop the relevant Directors (Director) and senior managers, and written to regulators in the 3rd report:

(A) Directors (Director) and senior managers for the duration of death, disappearance or loss of capacity for civil conduct;

(B) the Director (Director) and senior management been authority restriction of personal freedom;

    (C) the Director (Director) and senior managers be held criminally responsible.

    36th financial institutions received regulators revoke, cancel, Director (Director) and qualifications for senior managers to decide, should immediately stop the personnel Director (Director) and senior management positions, and shall be adjusted to the level or higher positions.

    37th financial institution shall, in accordance with this article and other relevant provisions, its outgoing Chairman, to the regulatory bodies (Governor-General) and the departure of senior management audit report.

    The sixth chapter the continuing of regulatory

    Article 38th Director of a regulator of financial institutions (Director) and senior management personnel management system assessment and guidance and check whether the system is effectively implemented.

    39th regulators through on-site inspection and off-site supervision of Director (Council) and executive duties of supervision and inspection.

    40th regulators shall establish and maintain the qualification of information systems, arrangement and maintenance of qualification records.

    41st directors of financial institutions (Director) and senior management personnel qualification is revoked, cancelled, and the failure of regulators should cancel its qualifications in the qualification information system.

42nd financial institutions reporting to the regulators of its directors (Director) and senior management-related written materials, by the regulatory bodies in a timely manner to the appropriate entry qualification of information systems.

    Financial institutions pursuant to article 33rd, 34th (e), 35th (c), report of the, by the regulatory body in the qualification of the poor record of the information recorded in the system to the appropriate personnel.

    43rd article regulatory institutions on financial institutions for site check and non-site regulatory Shi, found financial institutions has illegal violations, and violation carefully business rules, and not tie regulatory, and internal management and control system not sound or implementation supervision poor, case and caused bad consequences of, should in served qualification regulatory information system in the will above situation remember for directly is responsible for of Director (governing) and senior management personnel of bad records.

    Recorded in the 44th to 43rd of the Director (Director) and senior managers of record by regulatory bodies in a timely manner to the directors (directors) and the appointment of senior management inform the institution or organization.

Article 45th financial directors (Director) and senior managers, one of the following circumstances, regulators should faithfully record in qualification information system:

(A) be withdrawn, by regulators or other financial management directors (directors) and the qualification of senior management;

(B) written financial management by other sectors identified as not suitable for Director (Director) and senior management positions;

(C) subject to administrative sanctions, administrative sanctions or disciplinary action;

(D) illegal or irregular, poor disciplinary record;

    (E) the regulators believe that other circumstances shall be recorded.

    The seventh chapter legal liability

    Article 46th delegate financial institution in violation of the rules or appointment of Director (Director) and senior management personnel, the appointment or appointment is invalid.

47th financial institution in violation of the provisions of any of the following circumstances, regulators under the People's Republic of China Banking Regulatory Act, 46th, 47th and 48th for the punishment:

(A) the qualifications of appointed directors (Director) and senior management personnel;

(B) failing to adjust positions of qualifications being terminated personnel;

(C) to other posts appointed does not have the appropriate qualifications for personnel, authorized its practical implementation Director (Director) terms of reference and senior management;

(D) false qualifications application materials submitted or deliberately concealed relevant information;

(E) submit the auditing reports seriously inconsistent with the facts;

    (Vi) should be reported as provided herein shall not be reported.

    The eighth chapter by-laws

    48th financial institutions overseas branches, subsidiaries directors from local hire (Director) and senior managers do not apply these measures.

49th article, Chairman of financial institutions (Director) and senior managers conduct annual audits, Chairman (Chairman) and senior managers within the term of the annual audit reports can be considered as its auditing reports.

Chairman of State-owned and State-controlled financial institutions (Director) and senior managers of economic responsibility auditing report can be considered as its auditing reports.

Separation of the Chairman and senior managers of foreign-funded financial institutions evaluate or worked as Agency during its term of duty assessment may be regarded as its auditing reports.

    The audit report shall include the 19th, 20th, leaving the basic content of the audit report provided for in article, not as an auditing report.

    50th other financial management referred to in article, refers to the people's Bank of China, State administration of foreign exchange, the China Securities Regulatory Commission and China insurance regulatory Commission, and the offshore financial sector.

51st article this way in the "above" all contain the number or level, "the following" does not contain the number or level.

    In this way, the "day" means working days.

    52nd after the implementation of these measures, financial directors (Director) and senior management staff of vocational qualification management no longer apply to the management of qualifications of senior managers of financial institutions (the people's Bank of China (2000), 1th). 53rd explain these measures by the CBRC.