The China Banking Regulatory Commission For The Implementation Of Administrative Licensing Matters Concerning Chinese Commercial Banks Approach

Original Language Title: 中国银行业监督管理委员会中资商业银行行政许可事项实施办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398658.shtml

The China Banking Regulatory Commission for the implementation of administrative licensing matters concerning Chinese commercial banks approach

    (October 15, 2013 Chinese Banking Regulatory Commission 2013 released 1th come into force on the date of promulgation) Chapter I General provisions

    First to standardize the CBRC and its local agencies implement the administrative permission of Chinese commercial banks, administrative licensing items, conditions, procedures and time limit for, protect legitimate rights and interests, under 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 Law on administrative licensing, laws, administrative regulations and the relevant decisions of the State Council, these measures are formulated.

    Article in Chinese commercial banks in these measures include State-owned commercial banks, joint-stock commercial banks, city commercial banks and postal savings bank of China (hereinafter referred to as the postal savings bank).

    Article CBRC and its local agencies in accordance with this approach and the China Banking Regulatory Commission for the implementation of administrative licensing procedures regulation, on the implementation of administrative licensing in Chinese commercial banks.

    Fourth Chinese Commercial Bank to the following matters shall be licensed by the CBRC and its local agencies: institutions, institutional change, termination, adjusting the scope of business and increasing business varieties, qualifications of Directors and senior management, as well as the laws, administrative rules and regulations and the decisions of other administrative licensing items.

    Applicants shall, in accordance with section v of the China Banking Regulatory Commission on administrative licensing matters application directory and format requirements for submitting application materials.

    Chapter II establishment

    First legal entities established

Established by article sixth Chinese Commercial Bank corporate bodies shall comply with the following conditions:

(A) is consistent with the People's Republic of China company law and the People's Republic of China Commercial Bank Act regulations;

(B) the registered capital paid-up capital, a minimum of 1 billion yuan or the equivalent in convertible currency, city commercial bank corporate minimum registered capital of 100 million Yuan;

(C) meet the qualifications of Directors and senior managers and qualified staff familiar with banking;

(D) have a sound organizational structure and management system;

(E) operating in conformity with business premises, safety measures and other facilities;

    (Vi) establishment and business management information technology architecture, supporting business of needed information technology systems, security and regulatory compliance, protect it systems and effective technology and measures for safe operation.

Article seventh Chinese Commercial Bank corporate bodies, should also be in line with other prudent requirements, including at least:

(A) having a sound corporate governance structure;

(B) have a sound risk management system, can effectively control the various risks;

(C) sponsor shareholders should include qualified strategic investors;

(D) scientific and effective human resources management system, with highly qualified professionals;

(E) the effective capital and financial mechanism;

    (F) help resolve existing financial institutions, to promote financial stability.

Banks corporate bodies established under article eighth have qualified sponsors, the sponsors include: domestic financial institutions and foreign financial institutions, domestic non-financial institutions and other sponsors approved by the CBRC.

    Overseas financial institutions referred to in the preceding paragraph include Hong Kong, Macao and Taiwan region's financial institutions.

Nineth domestic financial institutions as the banks corporate sponsors, shall comply with the following conditions:

(A) the main prudential measures comply with the regulatory requirements;

(B) good corporate governance, sound and effective internal controls;

(C) the last 3 consecutive profit in the fiscal year;

(D) social reputation and the last 2 years no serious violations and major cases due to internal management issues;

    (E) other prudent requirements as prescribed by the regulations of the CBRC.

Tenth of outside financial institutions as the banks corporate sponsors or strategic investors, shall comply with the following conditions:

(A) the recent end of 1 in principle, the total assets of not less than US $ 10 billion;

(B) international rating agency approved by the CBRC on its long-term credit rating for the last 2 years is good;

(C) the last 2 consecutive profit in the fiscal year; (Iv) capital adequacy ratio of commercial banks should reach banks in their capital adequacy ratio average and not less than 10.

5%, non-bank financial institutions, not less than a total 10% of the total risk-weighted assets;

(E) a sound and effective internal control;

(F) the registered financial institution supervision and management system;

(G) the host country (regional) economy in good condition;

(VIII) other prudent requirements as prescribed by the regulations of the CBRC.

Foreign financial institutions as sponsors or strategic investors buying stakes in Chinese banks should follow the loyalty, optimize governance and business cooperation, the principle of competition is avoided.

    The CBRC according to financial risks and regulatory needs, you can adjust the conditions for overseas financial institutions as sponsors.

11th single overseas financial institutions and its control or share control of related parties as sponsors strategic investors or banks to a single equity investment proportion shall not exceed 20%, more overseas financial institutions and be under their control or joint control is associated as a sponsor or strategic investors invest in total shall not exceed 25%. Equity investment proportion is referred to in the preceding paragraph refer to Chinese commercial bank shares held by financial institutions in percentage of total shares.

    Related-party holdings overseas financial institutions with foreign ownership of financial institutions combined.

Chinese commercial banks in the territory of the 12th non-financial institutions as corporate sponsors, shall comply with the following conditions:

(A) established by law, with legal personality;

(B) having a sound corporate governance structure, or an effective organization management;

(C) has a good reputation, integrity and tax records, to make full principal and interest on the loan to repay financial institution;

(D) has a longer development period and stable operation;

(V) with strong management skills and financial strength;

(Vi) a healthy financial position, the last 3 consecutive profit in the fiscal year;

(G) after the year-end distribution, 30% of net worth total assets (consolidated accounting statement basis);

(H) the equity investment balances in principle no more than the net assets of 50% (on consolidated accounting statement basis), stipulated by the State Council except for investment companies and holding companies;

(I) the share capital of its own money, not to trust funds, debt funds, such as own capital shares, except as otherwise provided by laws and regulations;

    (J) other prudent requirements as prescribed by the regulations of the CBRC.

13th enterprise under any of the following circumstances shall not be as a corporate sponsor of Chinese commercial banks:

(A) corporate governance structure and mechanisms has obvious flaws;

(B) the relationship between associated enterprises, equity is complex and opaque, related party transactions and frequently abnormal;

(C) core business is not prominent and its business scope covers the industry too much;

(D) cash flow fluctuations greatly influenced by the economy;

(E) ratio of assets and liabilities, financial leverage ratio is higher than the industry average;

(Vi) in Chinese commercial banks owned by others;

    (VII) other significant adverse effect on the Bank's situation.

    14th the banks corporate institutions subject to build and opened in two stages. 15th institution of State-owned commercial banks, joint-stock commercial bank corporate planning applications should be jointly submitted to the CBRC by the sponsor, the regulators will receive, review and make decisions.

The CBRC within 4 months from the date of acceptance of approval or disapproval of a written decision. City commercial bank's corporate planning applications, should sponsor the parties jointly submitted to the banking Board to be established, the proposed banking Board to accept and preliminary examination, Banking Regulatory Commission review and decision.

    Since the CBRC within 4 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing. 16th the banks corporate Establishment for a period of 6 months from the date of the approval decision. State-owned commercial banks, joint-stock commercial bank Corporation fails to build, and the Agency establishment team should be 1 month before the expiry of the period for the provision of construction delayed report to the CBRC.

Build an extension of no more than once, build an extension for a maximum period of 3 months.

    The Agency establishment team should be submitted before the expiry of the period prescribed in the preceding paragraph, apply for business commencement is overdue, failure of planning approval documents, handled by the authorities to build license cancellation. 17th State-owned commercial banks, joint-stock commercial bank corporate applications for approval shall be submitted to the China Banking Regulatory Commission, accepted by the CBRC, review and decision.

The CBRC made within 2 months from the date of the acceptance approval or determinations are not approved. City commercial bank's corporate applications for approval shall be submitted to the local banking regulatory Bureau, the local banking regulatory Bureau accepted and decided.

    Banking Board acceptance within 2 months from the date of approval or determinations are not approved, copy to the CBRC.

18th opening-funded commercial banks incorporated in receive approval after you file and in accordance with the regulations for financial licences, according to the Administration for industry and commerce registration to obtain business licenses. Chinese Commercial Bank Corporation since the date of business license should be within 6 months of opening. State-owned commercial banks, joint-stock commercial banks failed to open on schedule, should be opened before the expiration of 1 month opening delayed report to the CBRC.

Opening an extension of no more than once, opening an extension for a maximum period of 3 months.

    Chinese Commercial Bank Corporation is not opened within the period prescribed in the preceding paragraph, the opening authorization failure, up to authorities for opening license cancellation procedures to recover its financial licenses, and make an announcement.

    Section II domestic branch established

19th Chinese commercial banks to set up branches including branches, branch-level exclusive agency, branch, branch-level exclusive agency branches, and so on.

    Chinese commercial banks to set up branch offices in the territory subject to the construction and opening of the two-stage.

Chinese Commercial Bank application to establish a branch in the 20th, the applicant shall comply with the following conditions:

(A) having a sound corporate governance structure;

(B) sound and effective risk management and internal control;

(C) the main prudential measures comply with the regulatory requirements;

(D) has the ability to allocate operating funds;

(E) have perfect information technology systems, compliance and information security systems, standardized data management system, protect business continuity and effective technologies and measures for safe operation;

(Vi) regulatory rating well;

(VII) the last 2 years no serious violations and major cases due to internal management issues;

    (VIII) other prudent requirements as prescribed by the regulations of the CBRC.

21st-funded commercial banks applying for establishing credit card Center, small business credit Center, private banking division, Bill Center, capital Center, precious metals Department, branch-level exclusive agency, except the applicant shall comply with the relevant regulations of the 20th, but should also be subject to the following conditions:

(A) the franchise business system meets the business directions, and carry out a detailed feasibility study;

(B) the franchised business management system in line with the overall strategy of the headquarters and development planning, helps to improve overall competitiveness;

(C) establish franchise business for more than 2 years, management team and technicians engaged in franchise business;

(D) the franchise business assets and other indicators have reached a good level of quality, service, high level of cost control of franchised business, with better earnings prospects;

    (E) other prudent requirements as prescribed by the regulations of the CBRC. 22nd branches of Chinese commercial banks to build the application from its headquarters to submit proposed banking Board, receive and initial review of CBRC, China Banking Regulatory Commission review and decision. Since the CBRC within 4 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing. Joint-stock commercial bank established by the CBRC is not cross-area secondary branches, city commercial bank branch in the province to build the application from its headquarters to submit proposed banking Board, banking regulatory Bureau to receive, review and make decisions.

Banking Board from the date of receipt of complete application materials within 4 months to approve or disapprove the decision in writing. Branch-level exclusive agency planning applications submitted by its head office to the China Banking Regulatory Commission, accepted by the CBRC, review and decision.

    The CBRC within 4 months from the date of acceptance of approval or disapproval of a written decision. 23rd branch, branch-level exclusive agency preparing for a period of 6 months from the date of the approval decision. Fails to build, their headquarters should be build within 1 month before the expiry of the period for the provision of applications and submit construction delayed reports.

Build an extension of no more than once, build an extension for a maximum period of 3 months.

    The applicant shall submit applications for approval before the expiry of the period prescribed in the preceding paragraph, overdue, failure of planning approval documents, handled by the authorities to build license cancellation. Article 24th of Chinese commercial bank branches, branch-level exclusive agency applications for approval submitted by its head office to the local banking regulatory Bureau, banking regulatory Bureau to receive, review and make decisions.

Banking Board acceptance within 2 months from the date of approval or determinations are not approved.

Opening branches, branch-level exclusive agency shall comply with the following conditions:

(A) the working capital in place;

(B) meet the qualifications of senior managers and qualified staff familiar with banking;

(C) business development organization, and rules and regulations;

(D) commensurate with the business of the business premises, safety measures and other facilities;

    (E) adaptation of information technology with the business sector, having the necessary information technology systems, security and regulatory compliance, protect the effective security of information technology systems running the same level of technology and measures.

25th branch, branch-level exclusive agency shall upon receipt of approved documents and in accordance with the regulations for financial licences after the opening, according to the Administration for industry and commerce registration to obtain business licenses. Branch, branch-level exclusive agency shall, within 6 months from the date on which the business license business, fails to open, the applicant shall open before the expiration of 1 month opened an extension to the banking regulatory Bureau, where within the report.

Opening an extension of no more than once, opening an extension for a maximum period of 3 months.

    Branches and branch-level exclusive agency has opened within the period prescribed in the preceding paragraph, the original opening authorization failure, up to authorities for opening license cancellation procedures to recover its financial licenses, and make an announcement.

26th Chinese Commercial Bank applying for establishing a branch shall be subject to the following conditions: (A) of State-owned commercial banks, joint-stock commercial banks, the postal savings bank in which the proposed provinces, autonomous regions and municipalities equipped with branches, as a branch management agency or a branch institution and opened more than 1 year, operating and risk management is in good condition.

City commercial bank to be established in the same prefecture-level or prefecture-level cities have branches, treated as a branch of management agencies or branches above institution and opened more than 1 year, operation and risk management in good condition;

(B) proposed to institutions with a strong internal control has been established, last 1 year no severe violations and major cases due to internal management issues;

(C) has the ability to allocate operating funds;

(D) has been established for senior management personnel assessment, monitoring, authorization and adjustment system and mechanism, and has sufficient professional and management personnel;

    (E) other prudent requirements as prescribed by the regulations of the CBRC. 27th branch of Chinese commercial banks in preparation to the application by the branch, as a branch management submitted by the agency or city commercial bank, proposed to the CBRC local city or state banking regulatory Bureau accepted, the banking regulatory Board for review and decision.

    The banking Board from receipt of complete application materials directly within 4 months from the date of acceptance or approval or disapproval of a written decision. 28th branch establishment for a period of 6 months from the date of the approval decision. Fails to build, the applicant shall, at the expiry of the period to build build an extension to the lead agency within 1 month before the report.

Build an extension of no more than once, build an extension for a maximum period of 3 months.

    The applicant shall submit applications for approval before the expiry of the period prescribed in the preceding paragraph, overdue, failure of planning approval documents, handled by the authorities to build license cancellation. 29th branch opening applications managed by the branch, as a branch of the agency or city commercial bank to submit to the planning agency, Planning Agency receive, review and make decisions.

Build acceptance within 2 months from the date of acceptance by the authorities approve or not to approve of the written decision.

Branch opening shall comply with the following conditions:

(A) the working capital in place;

(B) meet the qualifications of senior managers and qualified staff familiar with banking;

    (C) operating in conformity with business premises, safety measures and other facilities.

30th branch shall on receipt of the file, and in accordance with the regulations approved by the opening after receiving financial license, according to the Administration for industry and commerce registration to obtain business licenses. Branch should be since the date of business license within 6 months of opening. Failed to open on schedule, the applicant shall open before the expiration of 1 month opened an extension to the open applications within the report.

Opening an extension of no more than once, opening an extension for a maximum period of 3 months.

Opened branch within the specified period, the original opening authorization failure, up to authorities for opening license cancellation procedures to recover its financial licenses, and make an announcement.

    Branches of Chinese commercial banks to set up franchise organizations, references in Chinese commercial banks to set up branches of the administrative licensing conditions and procedures.

31st Chinese financial institutions to set up branches of commercial banks to buy other banks should be subject to the following conditions:

(A) the main prudential measures comply with the regulatory requirements, fully set with working capital allocated capacity;

(B) the acquirer authorizes the Executive Branch acquisition task in good condition, sound and effective internal control, legal compliance management;

(C) in accordance with market principles and voluntary acquisition;

    (D) other prudent requirements as prescribed by the regulations of the CBRC. Article 32nd in Chinese commercial banks to buy other banks and financial institutions to set up branches subject to acquisition and opened in two stages.

    Opening acquisition approval and approval of programs with the Chinese commercial banks to set up branches or sub-branches of planning approval and opening of procedures approved by the.

    Third quarter investment, equity participation, acquisition of domestic legal entities financial institutions

Article 33rd Chinese investment commercial banks ' application for establishment, holding, acquisition of domestic financial institutions of legal persons should be subject to the following conditions:

(A) having a sound corporate governance structure;

(B) sound and effective risk management and internal control;

(C) and table with good management skills;

(D) the main prudential measures comply with the regulatory requirements;

(E) equity investment balances in principle not more than its net assets of 50% (on consolidated accounting statement basis);

(Vi) has perfect information technology systems, compliance and information security systems, standardized data management system, protect business continuity and effective technologies and measures for safe operation;

(VII) the last 2 years no serious violations and major cases due to internal management issues;

(H) the last 3 consecutive profit in the fiscal year;

(I) good supervisory ratings;

    (J) other prudent requirements as prescribed by the regulations of the CBRC. 34th State-owned commercial banks, joint-stock commercial banks and postal savings banks for investment, equity participation, acquisition of domestic legal institutions by the CBRC, examine and decide.

The CBRC within 6 months from date of acceptance to approve or disapprove the decision in writing. City commercial banks ' application for investment, holding, acquisition of corporate financial institutions in which the applicant is located the CBRC accepted and preliminary examination, Banking Regulatory Commission review and decision.

    Since the CBRC within 6 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing.

    Investment, equity participation in the fourth section, the acquisition of foreign bodies

35th Chinese investment commercial banks ' application for set up or share, the acquisition of foreign institutions, the applicant shall comply with the following conditions:

(A) having a sound corporate governance structure, sound and effective internal controls, business line management and risk control ability to adapt to overseas business development;

(Ii) has a clear strategy for overseas development;

(C) and table with good management skills;

(D) the main prudential measures comply with the regulatory requirements;

(E) equity investment balances in principle not more than its net assets of 50% (on consolidated accounting statement basis);

(F) the last 3 consecutive profit in the fiscal year;

(VII) 1 year prior to the application assets balance at the end of more than 100 billion yuan;

(H) with changes in the overseas business environment of professional personnel;

(IX) other prudent requirements as prescribed by the regulations of the CBRC.

    Foreign institutions in these measures refers to the outside level of Chinese commercial bank branch, a wholly owned subsidiary or holding financial institutions and representative bodies, as well as the overseas branch, a wholly owned subsidiary of transnational institutions established. 36th State-owned commercial banks, joint-stock commercial banks and postal savings banks for investment, equity participation, acquiring overseas institutions accepted by the CBRC, review and decision.

The CBRC within 6 months from date of acceptance to approve or disapprove the decision in writing. City commercial banks ' application for investment, shareholding, acquisitions outside the seat of the Agency by the applicant receive and initial review of CBRC, China Banking Regulatory Commission review and decision.

    Since the CBRC within 6 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing.

    Chapter III institutional change

    The first institutional change

    37th institutional change include: change of name, change of ownership, change of its registered capital, amend the Constitution, change residence, change form, this Division, the new Division, merger or consolidation.

    Article 38th in State-owned commercial banks, joint-stock commercial banks and postal savings banks corporate name change by the CBRC, examine and decide; legal name change of city commercial banks by the Banking Commissioner's Office and, where the initial review, the China Banking Regulatory Commission review and decision.

39th in Chinese commercial banks shares changed its shareholder qualifications specified in article Nineth to 13th with corporate sponsors of the new Chinese commercial bank investment conditions.

Change of State-owned commercial banks, joint-stock commercial banks, the postal savings bank held capital or shares 5% per cent of total shareholders requested change, invest in overseas financial institutions applying for by the CBRC, examine and decide. Changing of city commercial banks to hold capital or the total shares 5% per cent of total, 10%, city commercial banks registered in provinces, autonomous regions and municipalities within the shareholder application, location of the city commercial bank banking Board to receive, review and decision. City commercial banks registered in provinces, autonomous regions and municipalities over 5% of enterprises outside the city commercial bank's ownership change request, and changing of city commercial banks hold capital or shares 10% per cent of total shareholder application, accepted by the seat of the city commercial bank banking Board, Banking Regulatory Commission review and decision. City commercial banks registered in provinces, autonomous regions and municipalities outside the enterprises of city commercial banks 5% the following shareholding modification request, location of the city commercial bank banking Board to receive, review and decision.

Foreign financial institutions to invest in city commercial bank's application, accepted by the CBRC, review and decision.

Change of Chinese commercial banks hold total capital or shareholders with shares more than 1% and 5% should be in the share transfer within 10th report to the local banking regulatory agencies.

    Investors buying stakes in Chinese banks, in accordance with the commercial banks and insiders and shareholder relevant provisions of management measures of connected transactions, complete and truthfully disclose the relationship.

40th Chinese Commercial Bank changes its registered capital, the shareholders ' qualifications in accordance with the conditions provided for in article Nineth to 13th.

State-owned commercial banks, joint-stock commercial banks, the postal savings bank changes its registered capital, decided by the CBRC, examine and city changes its registered capital of commercial banks, the local banking regulatory Bureau to receive, review and make decisions involving foreign financial institutions to invest in, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision. Chinese commercial banks raise new shares through a rights issue or change of the registered capital, in front of the change of its registered capital, should also raise new shares through a rights issue or programme approval.

    Programme approval, examine and decide the program specified in the previous paragraph. 41st banks initial public offering and listing of shares, shall comply with the requirements relating to the State Council and the China Securities Regulatory Commission.

Prior to application to the China Securities Regulatory Commission, shall apply to the China Banking Regulatory Commission and approved.

    State-owned commercial banks, joint-stock commercial banks, the postal savings bank IPO and listing of shares, by the CBRC, examine and decide; issued shares and listed city commercial banks, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision.

The 42nd State-owned commercial banks, joint-stock commercial banks, the postal savings bank to modify the articles, by the CBRC, examine and decide; modifying the articles of city commercial banks, banking regulatory Bureau to receive, review and make decisions.

    Chinese commercial banks change names, residence, ownership, the scope of the registered capital or business, shall make an approval decision decision decision to modify the corresponding provisions of the regulations and report within 6 months.

Article 43rd-funded commercial bank changes its domicile, should be consistent with the business development business premises, safety measures and other facilities.

    State-owned commercial banks, joint-stock commercial banks, the postal savings bank changes its domicile, by the CBRC, examine and decide; city commercial bank changes its domicile, by the banking regulatory Bureau to receive, review and decision.

44th in Chinese commercial banks due to the adjustment of administrative division and other causes of administrative divisions, street, house number, change the actual position does not change, do not need to change their place of residence to apply for, but it should be after the change in the 15th report on local banking regulatory body, and renewal of financial licenses. Chinese commercial banks for housing maintenance, increase the expansion causes temporary change residence within 6 months, you don't want to change their place of residence to apply for, but it should be in their original homes, shelter bulletin, and 10th report to the local banking regulatory agency. Temporary residence shall comply with the requirements of the police and the Fire Services Department.

    Fetches the original residence of Chinese commercial banks, in advance 10th issued by the Ministry of public security door to fetch home security certificates and related fire-proof materials report the banking regulatory agencies, and make an announcement.

45th in Chinese commercial banks change organization, should be consistent with the People's Republic of China company law, the People's Republic of China on commercial banks, as well as other provisions of laws and administrative rules and regulations.

    Change of State-owned commercial banks, joint-stock commercial banks, the postal savings bank organization, accepted by the CBRC, review and make decisions; changing of city commercial banks organization, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision.

46th Division of Chinese commercial banks, should be consistent with the People's Republic of China company law, the People's Republic of China on commercial banks, as well as other provisions of laws and administrative rules and regulations.

Separation of State-owned commercial banks, joint-stock commercial banks, the postal savings bank, by the CBRC, examine and decide; separation of city commercial banks by the Banking Commissioner's Office and, where the preliminary review, China Banking Regulatory Commission review and decision.

Separation of existence, after the expiry of the notice in the Division, the survivor should be in accordance with the changes of conditions and procedures for the adoption of an administrative license; the new party should be opened in accordance with legal conditions and procedures via administrative permission.

    The new Division, after the expiry of the notice in the Division, the new party should be opened in accordance with legal conditions and procedures via administrative permission; the original dissolution of the Corporation shall, in accordance with legal conditions and procedures via administrative permission.

47th in Chinese commercial banks merged, should be consistent with the People's Republic of China company law, the People's Republic of China on commercial banks, as well as the provisions of other laws, rules and regulations.

Merged party for State-owned commercial banks, joint-stock commercial banks, the postal savings bank, by the CBRC, examine and decide; others merge the local banking regulatory Commission Office and preliminary examination, Banking Regulatory Commission review and decision. Merger, merge after expiry of the notice period, merger parties shall in accordance with the changes of conditions and procedures for the adoption of an administrative license; terminated by merger shall, according to legal conditions and procedures via administrative permission.

Was merged into branch offices should be opened in accordance with branch conditions and procedure for the adoption of an administrative license.

    Merger by new establishment, merger announcements after the expiration, opening new party shall, in accordance with legal conditions and procedures via administrative permission; the original dissolution of the Corporation shall, in accordance with legal conditions and procedures via administrative permission.

    48th article of the section changes, lower regulatory authority to accept, by the regulatory authority decided, by the regulatory authority within 3 months from the date of receipt of the complete application materials approved or not approved by written decision accepted, reviewed and decided by the same regulatory authorities, within 3 months from the date of the acceptance to approve or disapprove the decision in writing.

    Domestic branch section II changes

    49th in Chinese commercial bank branches in the territory change includes changing the name, institutional upgrading, and so on.

    CBRC 50th city in Chinese commercial bank branch name change by the CBRC, examine and decide; seat of the CBRC local branches of Chinese commercial banks change names by the CBRC, examine and decide.

51st branch was upgraded to a branch of Chinese commercial banks shall be subject to the following conditions:

(A) the total sound and effective internal controls and risk management;

(B) the total allocation of operating funds;

(C) intends to upgrade branch of sound and effective internal controls, the last 2 years no serious violations and major cases due to internal management issues; (D) the proposed upgrading branch meet the qualifications of senior managers and qualified staff familiar with banking;
(E) the proposed upgrading branch for 2 consecutive years;

(F) the business development organization, and rules and regulations;

(VII) commensurate with the business of the business premises, safety measures and other facilities;

(H) the adaptation of information technology with the business sector, having the necessary information technology systems, security and regulatory compliance, protect the effective security of information technology systems running the same level of technology and measures; (IX) other prudent requirements as prescribed by the regulations of the CBRC. Upgrade branch to branch, followed by the Chinese Commercial Bank to upgrade local banking regulatory Bureau to apply, receive and initial review of CBRC, China Banking Regulatory Commission review and decision.

    Joint-stock commercial bank branch was upgraded to second-level branch branch upgraded to a branch in the province, city commercial banks, joint-stock commercial banks and city commercial bank to apply to the local banking regulatory Bureau after upgrading, banking regulatory Bureau to receive, review and make decisions.

52nd branch was upgraded to branch the following bodies shall be subject to the following conditions:

(A) the proposed upgrading institutions operating in good condition;

(B) the proposed upgraded sound and effective internal control, the last 2 years no serious violations and major cases due to internal management issues;

(C) the proposed upgrading institutions meet the qualifications of senior managers and qualified staff familiar with banking;

(D) the proposed upgraded institution is commensurate with the business of business premises, safety measures and other facilities;

(E) other prudent requirements as prescribed by the regulations of the CBRC. Chinese commercial bank branch branch was upgraded to the following bodies of the applicant should be a commercial bank branch or the head office.

    City Branch of CBRC was upgraded to branch to apply for the following organizations, by the banking regulatory Bureau to receive, review and make decisions; seat of the CBRC branch was upgraded to branch to apply for the following organizations, accepted by the CBRC, review and decision.

    53rd of this section changes, lower regulatory authority to accept, by the regulatory authority decided, by the regulatory authority within 3 months from the date of receipt of the complete application materials approved or not approved by written decision accepted, reviewed and decided by the same regulatory authorities, within 3 months from the date of the acceptance to approve or disapprove the decision in writing.

    Section III foreign institutional change

Chinese commercial banks in the 54th foreign institutional upgrading, change of working capital or registered capital and changes its name, major investment matters, change of ownership, Division, merger and other matters prescribed by the CBRC shall be licensed by the China Banking Regulatory Commission.

    Major investment matters referred to in the preceding paragraph, refers to Chinese Commercial Bank's overseas agencies in the proposed investment of 100 million Yuan more than 5% per cent of the registered capital or working capital or investment equity investment in these matters. Chinese commercial banks in the 55th foreign institutional changes should be made by Chinese Commercial Bank applied to the CBRC, accepted by the CBRC, review and decision.

    CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing.

    The fourth chapter termination

    First legal termination

56th in Chinese commercial banks have one of the following circumstances shall apply for dissolution:

(A) the operating period as prescribed by the articles expires or the provisions of the Constitution shall be dissolved when there;

(B) the general meeting of shareholders a resolution for dissolution;

    (C) the Division or merger to be dissolved. 57th State-owned commercial banks, joint-stock commercial banks and postal savings banks dissolve by the CBRC, examine and decide.

CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing. Dissolution of the city commercial bank accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision.

    Since the CBRC within 3 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing.

    Article 58th in Chinese commercial banks due to dissolved Division or merger situation, together with the Division or merger for approval.

Article 59th of banks incorporated in one of the following circumstances, before filing for bankruptcy to the Court, shall apply to the China Banking Regulatory Commission and approved:

(A) unable to pay its debts, voluntary or request of the its creditors filed for bankruptcy;

(B) dissolution and liquidation, the liquidation Group found the Agency's assets are not sufficient to repay its debts, should file for bankruptcy. Apply for State-owned commercial banks, joint-stock commercial bank, postal savings banks, accepted by the CBRC, review and decision.

CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing. Apply for bankruptcy of city commercial banks, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision.

    Since the CBRC within 3 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing.

    Branch section II termination of

    60th terminates its business operations domestic and overseas branches of Chinese commercial banks (be revoked), termination of the business shall be applied for. 61st Chinese commercial bank branches in the territory ceases business application, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision.

Since the CBRC within 3 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing.

Chinese commercial bank branches in the territory and terminates its business operations the following branches of the application, the local banking regulatory Bureau city or state banking regulatory Bureau to receive, review and make decisions, within 3 months from the date of the acceptance to approve or disapprove the decision in writing. Applications for funding terminates its business operations overseas institutions of commercial banks, accepted by the CBRC, review and decision.

    CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing.

    The fifth chapter, adjusting the scope of business and increasing business varieties

    Opened the first section of the exchange business and to increase foreign exchange business

62nd Chinese commercial banks ' applications for operating in addition to settlement and sale of foreign exchange business or increase foreign exchange businesses other than, shall comply with the following conditions:

(A) the main prudential measures comply with the regulatory requirements;

(B) compliance management according to law, a sound and effective internal control system, operating in good condition;

(C) declare their foreign exchange business knowledge exchange operating funds and qualified practitioners of foreign exchange operations;

(D) that complies with the requirements of foreign exchange business premises and related facilities;

    (E) other prudent requirements as prescribed by the regulations of the CBRC. 63rd State-owned commercial banks, joint-stock commercial banks and postal savings banks ' applications for operating in addition to settlement and sale of foreign exchange business or increase other than Exchange business, accepted by the CBRC, review and decision.

CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing. City commercial banks to apply for foreign exchange business or increase in foreign exchange business, place of the CBRC local city or state banking regulatory Bureau accepted, the banking regulatory Board for review and decision.

    The banking Board from receipt of complete application materials directly within 3 months from the date of acceptance or approve or disapprove the decision in writing.

    Section II raised issue of debt and capital instruments

The 64th Chinese Commercial Bank raised subordinated term debt, the issuance of subordinated bonds and hybrid capital bonds, financial bonds and the law on approval of the CBRC's other debt, capital, shall comply with the following conditions:

(A) having a sound corporate governance structure;

(B) the main prudential measures comply with the regulatory requirements;

(C) the classification of loan risk results are true and correct;

(D) provision coverage standards, loan loss provisioning is abundant;

(E) the last 3 years no serious violations and major cases due to internal management issues;

    (Vi) other prudent requirements as prescribed by the regulations of the CBRC. The 65th State-owned commercial banks, joint-stock commercial bank, postal savings bank for offering of subordinated term debts, applying for issuance of subordinated bonds, hybrid capital bonds or financial debt and the law on approval of the CBRC's other debt, capital, accepted by the CBRC, review and decision.

CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing. City commercial bank's applications raise subordinated term debt, apply for issuing subordinated bonds and hybrid capital bonds or financial debt and the law on approval of the CBRC's other debt, capital, the local banking regulatory Bureau accepts and preliminary examination, Banking Regulatory Commission review and decision.

    Since the CBRC within 3 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing.

    Section III opening derivatives trading business

66th in Chinese commercial banks to start derivatives trading business qualifications are divided into the following two categories:

(A) basic qualifications: only engaged in hedging derivatives trading;

    (B) the General qualifications: in addition to basic qualifications may engage in derivative transactions can also engage in non-hedging derivatives trading.

67th in Chinese commercial banks ' application for the Organization of basic types of derivative transactions business, shall meet the following conditions:

(A) have sound derivatives trading risk management systems and internal control systems;

(Ii) has accept related derivative products trading skills specifically training half above, and engaged in derivative products or related trading 2 years above of trading personnel at least 2 name, related risk management personnel at least 1 name, risk model research personnel or risk analysis personnel at least 1 name, familiar sets period accounting operation program and system specification of personnel at least 1 name, above personnel are needed designed gang hand, mutual shall not who, and no bad records;

(C) appropriate trade premises and equipment;

(D) dealing with legal Affairs and professional departments responsible for internal control compliance checks and related professionals;

(E) the main prudential measures comply with the regulatory requirements;

    (Vi) other prudent requirements as prescribed by the regulations of the CBRC.

Chinese commercial banks ' applications for operating in the 68th General derivatives trading business, except in accordance with the conditions laid down in article 67th, but should also be subject to the following conditions:

(A) comprehensive derivatives trading, ago, automatically join the business, and the background processing system and real-time risk management systems;

(B) the derivatives trading business executives should have at least 5 years directly involved in derivatives trading activities or risk management experience, and has no adverse record;

(C) strict separation system, ensure that the business of hedging and non-hedging business marketing information, risk management, effective separation of profit and loss accounting;

(D) improvement of credit risk, market risk, operational risk, risk management framework;

    (E) other prudent requirements as prescribed by the regulations of the CBRC. The 69th State-owned commercial banks, joint-stock commercial banks and postal savings banks for opening derivatives trading business, accepted by the CBRC, review and decision.

CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing. City commercial banks ' application for opening derivatives trading business, the local banking regulatory Commission Office and a preliminary review, the China Banking Regulatory Commission review and decision.

    Since the CBRC within 3 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing.

    Fourth Festival to start credit card business 70th apply for the credit card business of Chinese commercial banks are divided into application of card-issuing business and apply for acquiring business.

The applicant shall comply with the following conditions:

(A) good corporate governance, the main prudential indicators in line with regulatory requirements, and business development organization and regulation, sound and effective internal control, risk management and accountability mechanisms;

(B) in good standing, with a sound and effective system of internal control mechanisms and prevention and control of cases, the last 3 years no serious violations and major cases due to internal management issues; (C) meet the qualifications of Directors and senior managers and qualified staff familiar with the Bank.

Senior managers have in the credit card business expertise and management experience at least 1, with credit cards must be carried out by technicians and management personnel, and full implementation of the management authority;

(D) commensurate with the business's premises, facilities and the necessary information technology resource;

(E) has been established in accordance with the laws and regulations in the territory and business management requirements of business systems, security-related business information security and quality of technical ability;

(F) to set up foreign currency credit card business should be approved by the State administration of foreign exchange of foreign exchange, sales qualification;

    (VII) other prudent requirements as prescribed by the regulations of the CBRC.

71st apply for credit card business of Chinese commercial banks in addition to these measures outside the conditions laid down in the 70th, and shall comply with the following conditions:

(A) have a good basis for conducting retail business, last 3 years personal deposit and loan business and business structure, stability, and personal lending and deposit business customers and customer structure, banking card business operates well, ID verification system and the credit system and the use of good;

(Ii) has handle credit card business of professional system, in territory built has issuing business host, and credit card business application management system, and credit assessment management system, and credit card account management system, and credit card trading authorized system, and credit card trading monitoring and counterfeiting trading warning system, and credit card customer service center system, and urged received business management system, professional operation based facilities, related facilities through has necessary of security monitoring and business test, can guarantees customer information and business data of integrity and security;

    (C) in line with the overall business strategy and development plan of Chinese commercial banks will improve overall business competitiveness, according to actual business development continuing operating costs, basic break-even business monitoring and measurement, and so on.

72nd Chinese commercial banks to apply for a credit card acquiring business in addition to these measures outside the conditions laid down in the 70th, and shall comply with the following conditions:

(A) have started acquiring business is good business, the last 3 years of lending to business scale and operational stability, lending to business customers and customer structure is relatively stable, ID verification system and credit system, and in good condition;

(B) professional system support experience in acquiring business, acquiring business built in the territory hosting, merchant application, account management system management system, acquiring transaction monitoring and counterfeiting trade early warning systems, transaction authorization system and other specialized operational infrastructure and related facilities through the necessary safety testing and operational testing, to ensure the integrity and security of customer data and business data;

    (C) in line with the overall business strategy of Chinese commercial banks and development plan to improve business competitiveness, according to actual business development continuing operating costs, basic break-even business monitoring and measurement, and so on. The 73rd State-owned commercial banks, joint-stock commercial banks and postal savings banks to apply for the credit card business, accepted by the CBRC, review and decision.

CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing. Apply for the credit card business of city commercial banks, the local banking regulatory Bureau accepts and preliminary examination, Banking Regulatory Commission review and decision.

    Since the CBRC within 3 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing.

    Fifth Festival opening offshore banking business

74th in Chinese commercial banks ' applications for operating an offshore banking or increasing business varieties shall comply with the following conditions:

(A) the main prudential measures comply with the regulatory requirements;

(B) sound and effective risk management and internal control system;

(C) the foreign exchange assets of the required size, and good business performance in foreign exchange;

(D) exchanges in line with offshore banking requirements, and no bad records in the previous operations, in which managers should engage in foreign exchange business more than 5 years, other 50% shall engage in foreign exchange business practitioners with at least 3 years;

(E) satisfies the requirements of offshore banking establishments and facilities;

(F) the last 3 years no serious violations and major cases due to internal management issues;

    (VII) other prudent requirements as prescribed by the regulations of the CBRC. The 75th State-owned commercial banks, joint-stock commercial bank, postal savings bank offering offshore banking operations or increase business, accepted by the CBRC, review and decision.

CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing. City commercial banks increased applications for operating an offshore banking or business, the local banking regulatory Commission Office and a preliminary review, the China Banking Regulatory Commission review and decision.

    Since the CBRC within 3 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing.

    Sixth section, apply for other business The 76th State-owned commercial banks, joint-stock commercial banks and postal savings banks ' applications for operating other businesses specified in the current regulations and, by the CBRC, examine and decide.

CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing. City commercial banks ' applications for operating other businesses specified in the current regulations and, by the place of the CBRC local city or state banking regulatory Bureau accepted, the banking regulatory Board for review and decision.

    The banking Board from receipt of complete application materials directly within 3 months from the date of acceptance or approve or disapprove the decision in writing.

77th in Chinese commercial banks ' applications for operating the existing law was not clearly defined business and shall be subject to the following conditions:

(A) good corporate governance, and business development organizations and regulations, internal systems, sound and effective risk management and accountability mechanisms;

(B) does not conflict with existing laws and regulations;

(C) the main prudential measures comply with the regulatory requirements;

(D) in line with the Bank's strategic development orientation and direction;

(E) agreed to by the Board and issue a written opinion;

(Vi) operating with the required technical and management personnel, and full implementation of the management authority;

(VII) associated with the business operations of business premises and facilities;

(VIII) have conducted the business of needed information technology systems, security and regulatory compliance, protect it systems safe operation of effective technologies and measures;

(IX) the last 3 years no serious violations and major cases due to internal management issues;

(J) other prudent requirements as prescribed by the regulations of the CBRC. State-owned commercial banks, joint-stock commercial bank, postal savings bank to apply for a start-up business and products mentioned in this article, by the CBRC, examine and decide.

CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing. City commercial banks ' applications for operating business and products mentioned in this article, and accepted by the local banking regulatory Bureau and preliminary examination, Banking Regulatory Commission review and decision.

    Since the CBRC within 3 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing.

    Sixth chapter qualifications of Directors and senior management license

    Section of job qualifications

78th Chinese Commercial Bank Chairman, Vice Chairman, independent Director, other members of the Board of Directors and Secretary of the Board, subject to the qualification license. In the funding commercial banks President, and Deputy President, and President Assistant, and risk Director, and collection rules Director, and total Audit Division, and Chief Accountant, and Chief Information Officer and with ranks senior management personnel, within trial sector, and financial sector head, head office sales General Manager (Director), and Deputy General Manager (Deputy Director), and General Manager Assistant, branch President, and Deputy President, and President Assistant, branch level franchise institutions General Manager, and Deputy General Manager, and General Manager Assistant, branch sales head, branch President, and franchise institutions branch institutions head, senior management personnel,

Subject to the qualification license.

Chinese commercial banks from the Chinese employed by overseas institutions of commercial banks in the territory, Chairman, Vice Chairman, the Governors (General Manager), Vice President (Vice President), the Chief shall be licensed by the qualification.

    Others did not serve in these positions, but included in the practical implementation of the preceding three paragraphs of this section directors and responsibilities of senior management personnel, headquarters and branch office management for the Agency management, risk control personnel with decision-making power or influence, shall be licensed by the qualification.

79th applicant qualifications of Directors and senior management of Chinese commercial banks and proposed shall comply with the following basic conditions:

(A) have full capacity for civil conduct;

(B) has a good compliance compliance records;

(C) has a good character and reputation;

(D) the proposed positions has the necessary knowledge, experience and skills;

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

(Vi) personal and family financial stability;

(VII) has served as the independence of the functions required to be appointed;

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

80th article any person has any of the following circumstances, these measures are considered to be inconsistent with the 79th (b), (c) and (e) the conditions laid down shall not act as directors and senior managers of Chinese commercial banks:

(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 business licenses of boards of directors or senior management, 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 serious negligence, cause significant loss or adverse effects;

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

(G) the qualifications of Directors and senior managers of the Cancel lifelong, or by regulators or other penalties total more than 2 times in the financial management sector;

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

The 81st person to be appointed one of the following circumstances, these measures are considered to be inconsistent with article 79th (vi) and (VII) provision conditions shall not act as directors and senior managers of Chinese commercial banks:

(A) at the time of application for qualification, his or her spouse still 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 to prove that credit has no connection with their spouses except;

    (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.

82nd eligibility criteria for the banks directors, proposed addition shall comply with the conditions specified in this article 79th, also subject to the following conditions:

(A) more than 5 years of legal, economic, financial, accounting or other work experience conducive to fulfil directors ' duties;

(B) through financial institutions, to the financial statements and statistical reports to determine the management and risk profile of financial institutions;

(C) understanding of the proposed agency's governance structure, the articles of incorporation of the company and Board responsibilities.

    Eligibility criteria for independent directors of Chinese Commercial Bank, also to be appointed should be legal, economic, financial or accounting specialists, and in accordance with the relevant regulations.

83rd in addition shall not be included in the 80th, 81st case, Chinese commercial banks to be independent Director must not exist in any of the following circumstances:

(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 intend to serve financial institutions exist for legal, accounting, auditing, management consulting, security cooperation and other aspects of business relations or creditor interests, that interfere with their duty of independence;

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

Section 84th for Chinese Commercial Bank Chairman, Vice Chairman and Secretary qualifications, proposed addition shall comply with the conditions set forth in the 79th, 82nd, but should also meet the following conditions: (A) of State-owned commercial banks, joint-stock commercial banks, the postal savings bank to be appointed Chairman, Vice Chairman, should have Bachelor degree or above, major in finance for more than 8 years, or related work in 12 years (of which engaged in financial work for more than 5 years).

City commercial bank to be appointed Chairman, Vice Chairman, should have a Bachelor, engaged in financial work for more than 6 years, or in the related economy over 10 years (of which engaged in financial work for more than 3 years); (B) the State-owned commercial banks, joint-stock commercial banks, the postal savings bank to be appointed Secretary of the Board of Directors shall meet the Bachelor, engaged in financial work for more than 6 years, or in the related economy over 10 years (of which engaged in financial work for more than 3 years).

City commercial bank to be appointed Secretary of the Board of Directors shall meet the Bachelor, engaged in financial work for more than 4 years, or related work in 8 years (of which engaged in financial work for more than 2 years);

    (C) Chinese to be appointed Chairman of overseas institutions of commercial banks, the Vice Chairman shall meet the Bachelor, engaged in financial work for more than 6 years, or in the related economy over 10 years (of which engaged in financial work for more than 3 years), and make good use of 1 foreign language commensurate with their posts.

    Section 85th for Chinese commercial banks ' senior managers in all kinds of qualifications, people should be aware of the duties of the position to be appointed to be appointed, familiar with the proposed agency's regulatory framework, business model, known as the proposed agency's internal control system, with the risk management capacity commensurate with the proposed position.

Section 86th legal qualifications for senior managers of Chinese commercial banks, the proposed addition shall comply with the 79th and 85th conditions provided for in article, should also be subject to the following conditions:

(A) to be appointed the State-owned commercial banks, joint-stock commercial bank, postal savings bank governors, Deputy Governors, should have Bachelor degree or above, major in finance for more than 8 years, or related work in 12 years (of which engaged in financial work for more than 4 years);

(B) city commercial bank to be appointed the Governor, Deputy Governor, should have Bachelor, engaged in financial work for more than 6 years, or in the related economy over 10 years (of which engaged in financial work for more than 3 years);

(Three) intends any State-owned commercial banks, and joint-stock commercial banks, and postal savings bank President Assistant (General Manager Assistant) of, should has undergraduate above degree, engaged in financial work 6 years above, or engaged in related economic work 10 years above (which engaged in financial work 3 years above); intends any city commercial banks President Assistant of, should has undergraduate above degree, engaged in financial work 4 years above, or engaged in related economic work 8 years above (which engaged in financial work 2 years above);

(D) Chinese to be appointed head of the overseas institutions of commercial banks (General Manager), Vice President (Vice President), Chief Representative, should have Bachelor, engaged in financial work for more than 6 years, or in the related economy over 10 years (of which engaged in financial work for more than 3 years), and make good use of 1 foreign language commensurate with their posts;

(E) the risk officer to be appointed, and shall meet the Bachelor, and engaged in credit and risk management work for more than 6 years;

(Vi) Compliance Director to be appointed, and shall meet the Bachelor, and engaged in related work for more than 6 years (of which engaged in financial work for more than 2 years);

(G) the proposed General Auditor, head of internal audit department shall meet the Bachelor, achieved national and international recognition of audit expertise senior titles (or through national or international accreditation of accounting and auditing professional qualifying examinations), and engaged in finance, accounting or audit work for more than 6 years (of which engaged in financial work for more than 2 years);

(H) to be appointed chief accountant or Finance Department, should have Bachelor degree or above, major in national or internationally recognized accounting professional and technical senior (or through national or internationally recognized accounting professional qualification), and engaged in finance, accounting or audit work for more than 6 years (of which engaged in financial work for more than 2 years);

(I) the proposed Chief Information Officer, should have Bachelor degree and work in information technology for 6 years (any more than 4 years in senior management positions in information technology and finance for more than 2 years);

    Practical implementation of the aforementioned officers in senior management positions, each Party shall comply with the corresponding conditions.

Section 87th qualifications for senior managers of Chinese commercial bank branches, the proposed addition shall comply with the 79th, outside the conditions laid down in the 85th, should also be subject to the following conditions:

(A) intends any State-owned commercial banks, and post savings bank level branch (directly under the branch) President, and Deputy President, and President Assistant, head office sales General Manager (Director), and Deputy General Manager (Deputy Director), and General Manager Assistant, branch level franchise institutions General Manager, and Deputy General Manager of, should has undergraduate above degree, engaged in financial work 6 years above or engaged in economic work 10 years above (which engaged in financial work 3 years above); (B) the State-owned commercial banks, the postal savings bank to be appointed second-level branch President, Vice President, Assistant Governor, should have a college education, engaged in financial work engaged in economic work for more than 5 years, or 9 years (of which engaged in financial work for more than 2 years);
(Three) intends any joint-stock commercial banks branch (offsite directly under the branch) President, and Deputy President, and President Assistant, head office sales General Manager (Director), and Deputy General Manager (Deputy Director), and General Manager Assistant, branch level franchise institutions General Manager, and Deputy General Manager of, should has undergraduate above degree, engaged in financial work 5 years above or engaged in economic work 9 years above (which engaged in financial work 2 years above);

(D) the proposed city commercial bank branch manager, Vice President, Assistant Governor, General Manager of sales department head office (Director), Deputy General Manager (Deputy Director), Assistant to the General Manager, branch-level exclusive agency General Manager, Deputy General Manager, should have Bachelor, engaged in financial work engaged in economic work for more than 4 years, or 8 years (of which engaged in financial work for more than 2 years);

    (V) funded commercial bank branch manager and franchise organizations to be appointed principal of the Branch Office, you should have a college degree, doing financial work engaged in economic work for more than 4 years, or 8 years (of which engaged in financial work for more than 2 years).

    The 88th person to be appointed does not meet the above requirements, but made the National Administrative Department for education at approved institutions granting Bachelor deemed to meet academic requirements.

    The 89th person to be appointed does not meet the above requirements, but access to certified public accountants, registered Auditors or to positions of senior professional and technical qualification deemed to meet academic requirements, qualification requirements should increase financial working experience in 4 years.

    90th article does not meet the 82nd article first, 84th, 86th, 87th, requirements of persons to be appointed, Chinese commercial banks if it thinks it has to post the necessary knowledge, experience and capacity, may submit applications.

    Section II qualifications for licensing procedures 91st Head Office of State-owned commercial banks, the postal savings bank corporate and business Department, the CBRC straight pipe joint-stock commercial bank Corporation of Directors and senior management personnel qualifications applied for, submitted by the Corporation to the China Banking Regulatory Commission, accepted by the CBRC, review and decision.

    Within 30th since the date of acceptance of the CBRC approved or not approved a written decision. 92nd jurisdictional supervision of joint-stock commercial bank Corporation Board Chairman and President, Secretary to the Board of the qualifications to apply for, and issue a preliminary review by the territorial Banking Board after review, by the Corporation to the China Banking Regulatory Commission to submit complete application materials and territorial Banking Board a written review, accepted by the CBRC, review and decision.

    Within 30th since the date of acceptance of the CBRC approved or not approved a written decision. 93rd jurisdictional supervision of joint-stock commercial bank incorporated other directors and senior management personnel qualifications applied for, by the Corporation to submit to the territorial Banking Board and accepted by the territorial Banking Board, review and decision. Territorial Banking Board from the date of acceptance in the 30th to approve or not to approve of the written decision.

Determinations made by the territorial Banking Board shall at the same time copy to the CBRC. Case audit referred to in the preceding paragraph need to be appointed and accepted by the territorial Banking Board and preliminary examination, Banking Regulatory Commission review and decision.

    From the date of receiving the complete material of the CBRC within 30th approve or not to approve of the written decision. The 94th State-owned commercial banks and postal savings bank branch (branches), joint-stock commercial bank branches (directly under the different branches), branch-level exclusive agency senior management personnel qualifications applied for, appointment and dismissal by the superior of the person to be appointed bodies submitted to the proposed local banking regulatory Bureau, accepted by the banking regulatory Bureau, review and decision.

Banking Board from the date of acceptance in the 30th to approve or not to approve of the written decision. Cases referred to in the preceding paragraph need to be appointed audit, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision. From the date of receiving the complete material of the CBRC within 30th approve or not to approve of the written decision. The postal savings bank branch (branches) senior managers need to be appointed the audit, by the banking regulatory Bureau to receive, review and decision.

    Banking Board from the date of receiving the complete material within 30th approve or not to approve of the written decision. The 95th city Commercial Bank Corporation, branch, branch-level exclusive agency directors and senior management personnel qualifications applied for, by the Corporation to the proposed place of the CBRC submitted by city or state banking regulatory Bureau, which receive and trial, the banking regulatory Board for review and decision. The banking Board from receipt of complete application materials or handled directly within 30th of approve or not to approve of the written decision.

Corporation Chairman, Governor, Secretary of the Board serve eligible to apply banking regulatory Bureau before making a decision, shall report to the CBRC. Cases referred to in the preceding paragraph need to be appointed audit, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision.

    The CBRC within 30th of receipt of complete application materials approved or not approved a written decision. 96th State-owned commercial banks, the postal savings bank secondary branches and agencies, joint-stock commercial bank branch, city commercial bank branch, branch-level exclusive agency branch senior management personnel qualifications applied for, appointment and dismissal by the superior of the person to be appointed bodies submitted to the proposed place of the CBRC, accepted by the CBRC, review and decision.

CBRC with effect from the date of acceptance in the 30th to approve or not to approve of the written decision. Cases referred to in the preceding paragraph need to be appointed audit, accepted by the CBRC and preliminary examination, the banking regulatory Board for review and decision.

Banking Board from the date of receipt of complete application materials within 30th approve or not to approve of the written decision. Proposed establishment is located in the first paragraph of this article is not of the CBRC, appointment and dismissal by the superior of the person to be appointed bodies submitted to the proposed local banking regulatory Bureau.

    By the banking regulatory Bureau to receive, review and decision. The 97th State-owned commercial banks, joint-stock commercial bank, postal savings bank from domestic Chinese commercial banks employ an overseas institution, Chairman, Vice Chairman, the Governors (General Manager), Vice President (Vice President) qualification applications submitted by the Corporation to the China Banking Regulatory Commission, China Banking Regulatory Commission will receive, review and make decisions.

Within 30th since the date of acceptance of the CBRC approved or not approved a written decision. City commercial bank from the Chinese employed by overseas institutions of commercial banks in the territory, Chairman, Vice Chairman, the Governors (General Manager), Vice President (Vice President) qualification applications submitted by the Corporation to the local banking regulatory Bureau, receive and initial review of CBRC, China Banking Regulatory Commission review and decision.

    The CBRC within 30th of receipt of complete application materials approved or not approved a written decision.

    98th who served as a financial institution to be appointed Chairman or senior management personnel, qualifications of the applicants submitted application materials, should also be submitted to the person to be appointed to the outgoing audit report or economic responsibility auditing report. 99th Executive qualifications and did not break serve for 1 year in a row over the person to be appointed within the same legal entity, parallel duties or became a low duty of a similar nature, do not need to reapply for qualification. The person to be appointed before serving, superior organizations shall provide the proposed appointment and removal where the CBRC city or State Banking Board submitted to the auditing reports or serve economic responsibility audit report and related materials.

Offsite Office, the proposed seat of the CBRC or city served China Banking Regulatory Commission shall be filed with the original seat of the CBRC request for supervision and evaluation of CBRC or city views.

Any of the following circumstances, the proposed seat of the CBRC city or State Banking Board shall notify the person to be appointed and the Chinese Commercial Bank to reapply for qualification:

(A) is not served on the person to be appointed before the departure of the audit report or serve economic responsibility audit reports and related materials;

(B) or the conclusion of the audit of economic responsibility auditing report false, or show people there may be suitable for a new post to be appointed;

    (C) worked as seat of the CBRC or city of CBRC supervision and evaluation showed that the person to be appointed may have these procedures do not meet the qualifications. 100th article in the funding commercial banks Chairman, and President, and branch President, and branch level franchise institutions General Manager, and branch President, and franchise institutions branch institutions head, in the funding commercial banks from territory hired of in the funding commercial banks outside institutions Chairman, and President (General Manager), and representative at Chief served qualification not was approved Qian, in the funding commercial banks should specified meet corresponding served qualification conditions of personnel on behalf of shoe vocational, and since specified of day up 3rd within to served qualification audit of decided organ report.

Duties on his behalf does not meet the qualifications of the personnel, regulators ordered Chinese banks to adjust within took the duties of personnel. Duty hours shall not exceed 6 months.

    Chinese commercial banks shall, within 6 months of employing personnel with qualifications officially.

    The seventh chapter by-laws 101th institutions change licensing matters,-funded commercial banks shall make a decision on the administrative license within 6 months from the date of completion of the change and to authorities and local bodies of the CBRC report.

Qualifications of Directors and senior management license, be appointed who shall make a decision on the administrative license within 3 months from the date of arrival and to the authorities and local bodies of the CBRC report.

    Is not completed within the time limit prescribed in the preceding paragraph changes or any of, the licensing file failure, by the authorities for the cancellation of administrative licensing procedures.

    102th in Chinese commercial banks set up, change and termination issues, involving amendment of registration of industry and commerce, taxation, and legal procedures, should be completed within 1 month of the change of the CBRC report or its agency.

    103th policy banks and the State Development Bank, financial institutions asset management company licenses, qualifications of Directors and senior management licensing requirements and procedures, in accordance with the measures implemented.

    104th in Chinese commercial banks from overseas Chinese commercial banks employ overseas agency Chairman, Vice Chairman and other senior managers are not included in the present approach to the management, in accordance with the jurisdictional supervision of Chinese commercial banks country (region) of relevant laws and regulations related to work, after the officer shall report to the CBRC on 5th.

    105th herein "above" all contain the number or level.

    106th article of the approach by the banking regulator is responsible for the interpretation. 107th these measures come into force on the date of promulgation, the China Banking Regulatory Commission on measures for the implementation of administrative licensing matters concerning Chinese Commercial Bank (2006 2nd China Banking Regulatory Commission) abolished at the same time.