China Banking Regulatory Commission Of Rural Small And Medium Financial Institutions Implementation Measures For Administrative Licensing Items

Original Language Title: 中国银监会农村中小金融机构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/201503/20150300398604.shtml

China Banking Regulatory Commission of rural small and medium financial institutions implementation measures for administrative licensing items

    (March 13, 2014 2014 4th Banking Regulatory Commission announced come into force on the date of promulgation) Chapter I General provisions

    First to standardize the CBRC and its local agencies implement the administrative licensing of rural small and medium financial institutions act 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.

    Second rural small and medium financial institutions in these measures include: rural commercial banks and rural cooperative banks, rural credit cooperatives, rural banks, loan companies and rural mutual cooperatives.

    Article CBRC and its local agencies, in accordance with the China Banking Regulatory Commission for the implementation of administrative licensing procedures regulations and these rules, the rural small and medium financial institutions in the implementation of administrative licensing.

    Rural small and medium financial institutions following the fourth section shall be licensed by the CBRC and its local agencies: institutions, institutional change, termination, adjusting the scope of business and increasing business varieties, Director (Director) and qualifications for senior managers, 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 small and medium financial institutions in rural areas of China Banking Regulatory Commission on administrative licensing matters application directory and format requirements for submitting application materials.

    Chapter II establishment of legal entities

    First rural commercial bank set up

Sixth rural commercial banks should meet the following requirements:

(A) is consistent with the People's Republic of China company law, the People's Republic of China on commercial banks and the relevant provisions of the CBRC regulation;

(B) rural cooperative banks and rural credit cooperatives on the basis of changes in single organization set up in two and more rural commercial banks and rural cooperative banks and rural credit cooperatives on the basis of consolidation established;

(C) the registered capital paid-up capital, a minimum of 50 million Yuan;

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

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

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

Article seventh rural commercial banks should also meet other prudent requirements, including at least:

(A) having a sound corporate governance structure;

(B) the rural financial development has a clear strategy and a mature business model of rural finance;

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

(D) the effective capital and financial mechanism;

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

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

(G) the last 1 year no severe violations and major cases due to internal management issues;

(H) main monitoring indicators to meet prudential requirements;

(I) greater than or equal to equity owners ' equity (that is, after verification and valuation, and takes into account the replacement of non-performing assets, and over the loss of credit card and other factors, intends to reform agency consolidated equity excluding equity greater than or equal to zero);

    (J) other prudent requirements as specified by the CBRC.

Sponsor of the eighth setting up rural commercial bank should be eligible, the sponsors include: natural persons, domestic non-financial institutions and banking financial institutions, non-banking financial institutions, foreign banks and other sponsors approved by the CBRC.

    Banking institutions in the territory mentioned in these measures refers to the People's Republic of China established within commercial banks, urban credit cooperatives, rural credit cooperative pooling of public deposits in financial institutions, as well as policy banks.

Nineth natural persons as the initiator, shall conform to the following conditions:

(A) Chinese citizens have full capacity for civil conduct;

(B) has a good reputation and credit record, no criminal record;

(C) the share capital of its own money, not to trust funds, debt funds, such as own capital shares;

    (D) other prudent requirements as specified by the CBRC. Tenth individual natural persons and their close relatives total equity total equity investment proportion shall not exceed the rural commercial bank 2%.

    Natural aggregate equity investment proportion of employees shall not exceed the total capital of commercial banks in rural areas 20%.

Non-financial institutions in the 11th as the initiator, shall conform to the following conditions:

(A) registered in the Administrative Department for industry and commerce, 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;

(F) no major violations within the last 2 years;

(VII) a healthy financial position, the last 2 consecutive profit in the fiscal year;

(VIII) after year-end distribution, with a net worth of not less than 30% of total assets (consolidated accounting statement basis);

(I) the equity investment balance may not exceed the net assets of 50% (including the investments, consolidated accounting statement basis), except for investment companies and holding companies of the State Council;

(J) the share capital of its own money, not to trust funds, debt funds, such as own capital shares;

    (11) other prudent requirements as specified by the CBRC. Territory of the 12th single non-financial institutions and their affiliates total equity total equity investment proportion shall not exceed the rural commercial bank 10%.

    M high risk setting up rural commercial bank of rural credit cooperatives, a single non-financial institutions and their affiliates total equity investment in ratio generally should not exceed 20% of rural commercial banks total capital, stake more than 20% due to special reasons, rural commercial bank management after the merger into the virtuous state, plans to gradually reduce its stake to 20%.

13th domestic banking institutions and non-bank financial institutions, as the initiator, shall conform to 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 2 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;

(V) the share capital of its own money, not to trust funds, debt funds, such as own capital shares;

    (Vi) other prudent requirements as specified by the CBRC.

    14th single domestic non-bank financial institutions and their affiliates total equity total equity investment proportion shall not exceed the rural commercial bank 10%.

The 15th foreign bank as a sponsor or a strategic investor, should be subject to the following conditions:

(A) the total assets not lower than at the end of the last 1 year overseas financial institutions investing in buying stakes in Chinese financial institutions regulations requirements pertaining to:

(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 be banks in their capital adequacy ratio average and not less than 10.5%;

(E) a sound and effective internal control;

(F) have an effective anti-money laundering regime;

(G) the share capital of its own money, not to trust funds, debt funds, such as own capital shares;

(H) national (regional) economy in good condition;

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

(J) other prudent requirements as specified by the CBRC.

Overseas banks as sponsors or strategic investors a stake in the rural commercial 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 foreign banks as a condition for sponsors.

16th single foreign bank and its control or share control of related parties as sponsors or strategic investor to individual rural commercial bank equity investment proportion shall not exceed 20%, a number of foreign banks and their associated control or joint control, as sponsors or strategic investor invest in total shall not exceed 25%. Foreign banks invest in these measures refers to the foreign banks shares proportion of total rural commercial bank shares.

    Overseas bank related party's stake should be merged with the foreign bank calculated.

17th rural commercial banks shall cover the establishment and opened in two stages.

    Setting up rural commercial banks should set up a preparatory working group and rural commercial bank sponsors should be entrusted to lead the Working Group as the applicant. 18th rural cooperative banks setting up rural commercial banks to build applications by 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 or within 4 months from the date of acceptance to approve or disapprove the decision in writing. Setting up rural commercial banks preparing to apply for the reform of rural credit cooperative, accepted by the CBRC 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. 19th rural commercial banks prepare for a period of 6 months from the date of the approval decision. Fails to complete the preparation, applicants should 1 month before the expiry of the period for the provision of start-up delay reporting to the authorities.

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

    Applicants should 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. 20th rural commercial banks opened to the application, by 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 or admissibility within 2 months from the date of approval or disapproval of a written decision.

21st rural commercial bank on receipt of the approval documents and receive a financial license after the opening, to register with the Administrative Department for industry and commerce to obtain business licenses. Rural commercial banks shall be from the date of registration within 6 months of opening. Failed to open on schedule, the applicant should be opened before the expiration of 1 month opening delayed report to the authorities.

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

    Rural commercial banks within the time limits prescribed in the preceding paragraph opens, opening failure of approval documents, up to authorities for opening license cancellation procedures to recover its financial licenses, and make an announcement.

    Section II of the rural credit cooperatives to establish

22nd the establishment of rural credit cooperative shall comply with the following conditions:

(A) consistent with the relevant provisions of the CBRC's articles of Association;

(B) in the rural credit cooperatives and unions on the basis of consolidation initiated;

(C) the registered capital paid-up capital, and a minimum of 3 million Yuan;

(Iv) equity and reasonable, and in line with corporate governance requirements;

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

(Vi) have a sound organizational structure, management systems and risk management systems;

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

(H) the establishment and business management information technology architecture, supporting business of needed information technology systems, security and regulatory compliance, protect it systems safe operation of effective technologies and measures;

    (IX) other prudent requirements as specified by the CBRC.

23rd the establishment of rural credit cooperatives should have qualified sponsors, sponsors include natural persons, domestic non-financial institutions and banking financial institutions, non-banking financial institutions, foreign banks and other sponsors approved by the CBRC.

    Sponsor shall be consistent with this approach the Nineth and tenth respectively, 11th, 12th, 13th, 14th, 15th and 16th of the regulations. Article 24th of rural credit cooperatives to build applications by 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 or within 4 months from the date of acceptance to approve or disapprove the decision in writing. Rural credit cooperatives, apply for business commencement by the CBRC local city or state banking regulatory Bureau to receive, review and make decisions.

The CBRC or banking regulatory Bureau within 2 months from the date of acceptance of approval or disapproval of the decision in writing.

    Construction and opening of the applicant, the term applies to the article 17th, 19th and 21st of the regulations.

    25th rural credit cooperatives and their unions, rural credit cooperative in accordance with the company law initiated the establishment of rural credit cooperatives, its administrative licensing conditions and procedures, Division and time frame in accordance with the relevant regulations established by the rural credit cooperatives.

    Section III rural banks established

26th article establishment of a village or township Bank shall meet the following conditions:

(A) is consistent with the People's Republic of China company law, the People's Republic of China on commercial banks and the relevant provisions of the CBRC regulation;

(B) the sponsor shall comply with the conditions laid down, and the sponsor should be at least 1 banking institutions;

(C) the registered capital paid-up capital, in the County (district) domains established by the minimum amount of RMB 3 million; in the township (town) established, a minimum of 1 million Yuan;

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

(E) has the necessary organization and management systems;

(F) has the clear support of "sannong" and small and micro enterprise development strategies;

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

(H) the establishment and business management information technology architecture, supporting business of needed information technology systems, security and regulatory compliance, protect it systems safe operation of effective technologies and measures;

    (IX) other prudent requirements as specified by the CBRC. 27th established village Bank, eligible sponsors, the sponsors include: natural persons, domestic non-financial institutions and banking financial institutions, non-banking financial institutions, foreign banks and other sponsors approved by the CBRC.

    Sponsor shall be subject to this article Nineth respectively, 11th, 12th, 13th, 14th and 15th of the regulations.

Village Bank, the primary sponsor of 28th article should also conform to the following conditions:

(A) is a banking institution;

(B) previous year supervisory rating level 2;

(C) have sufficient qualified talent pool;

(D) fully consolidated management and information technology and management capacity-building;

    (E) other prudent requirements as specified by the CBRC. 29th village Bank main sponsor equity ratio shall not be less than rural banks total capital of 15%, a single natural person, non-financial institutions and non-bank financial institutions and its affiliates shall not exceed rural banks total capital invested in 10%.

Natural aggregate equity investment proportion of employees shall not exceed 20% of the rural banks total capital.

    Offshore Bank Fund and investing in rural banks require prior approval of the CBRC. Article 30th village banks to build applications by 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 or within 4 months from the date of acceptance to approve or disapprove the decision in writing. Village Bank applications for approval, by the CBRC local city or state banking regulatory Bureau to receive, review and make decisions.

The CBRC or banking regulatory Bureau within 2 months from the date of acceptance of approval or disapproval of the decision in writing. Construction and opening of the applicant, the term applies to the article 17th, 19th and 21st of the regulations.

    Preparation work for a company with limited liability village banks, can be used by investors as an applicant.

    Fourth quarter loan company

31st at the County (City) and the following establishment of a lending company shall conform to the following conditions:

(A) consistent with the relevant provisions of the CBRC's articles of Association;

(B) the registered capital paid-up capital, a minimum of 500,000 yuan;

(C) possess the professional knowledge and work experience in senior management personnel;

(D) staff with the appropriate expertise and experience;

(E) have the necessary organizational structure and management system;

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

Articles 32nd to establish loan companies, also be consistent with the other prudent requirements, including at least:

(A) having a sound corporate governance structure;

(B) has a scientific and effective human resources management system and qualified professionals;

    (C) have a valid capital constraints and additional mechanisms.

33rd established finance companies, investors should conform to the following conditions:

(A) the contributor to domestic and offshore banking;

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

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

    (D) other prudent requirements as specified by the CBRC.

    34th loan company wholly funded by individual domestic and foreign banks. 35th loan company's establishment to the application, by 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 or within 4 months from the date of acceptance to approve or disapprove the decision in writing. Applications for approval of a loan company, by the CBRC local city or state banking regulatory Bureau to receive, review and make decisions.

The CBRC or banking regulatory Bureau within 2 months from the date of acceptance of approval or disapproval of the decision in writing. Construction and opening of the applicant, the term applies to the article 17th, 19th and 21st of the regulations.

    Loan company can be used by investors as an applicant.

    Fifth Festival of rural mutual cooperatives set up

Article 36th rural mutual cooperatives shall meet the following requirements:

(A) consistent with the relevant provisions of the CBRC's articles of Association;

(B) to initiate the establishment of and sponsor no fewer than 10 people;

(C) the registered capital is paid up capital of township (town), established a minimum of 300,000 Yuan; established in villages, a minimum of 100,000 yuan;

(D) meet the qualifications of Directors, managers and staff with working conditions;

(E) have the necessary organizational structure and management system;

(F) commensurate with the business of the business premises, safety precaution facilities and other facilities;

    (VII) other prudent requirements as specified by the CBRC.

    37th rural mutual cooperatives should have qualified sponsors, sponsors include: the township (town), the villages of farmers and rural small businesses.

Article 38th farmers as the initiator, shall conform to the following conditions:

(A) Chinese citizens have full capacity for civil conduct;

(B) residence or habitual residence (local domicile and residence for 3 years) in rural mutual cooperatives of township (town) or in villages;

(C) has a good reputation and credit record, no criminal record;

(D) the share capital of its own money, not to trust funds, debt funds, such as own capital shares;

    (E) other prudent requirements as specified by the CBRC.

39th rural small businesses as sponsors, shall conform to the following conditions:

(A) registered or principal place of business in the rural mutual cooperatives of township (town) or in villages;

(B) has a good credit history;

(C) no major violations within the last 2 years;

(Iv) profit the previous fiscal year;

(E) after year-end distribution of net worth total assets of more than 10% (on consolidated accounting statement basis);

(F) the share capital of its own money, not to trust funds, debt funds, such as own capital shares;

    (VII) other prudent requirements as specified by the CBRC.

    40th individual farmers or individual small businesses in rural areas to the rural mutual cooperatives shares, shall not exceed its holding rural mutual cooperatives of the total share capital 10%. 41st rural mutual cooperatives to build applications by 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 or within 4 months from the date of acceptance to approve or disapprove the decision in writing. Rural mutual cooperatives, apply for business commencement by the CBRC local city or state banking regulatory Bureau to receive, review and make decisions.

The CBRC or banking regulatory Bureau within 2 months from the date of acceptance of approval or disapproval of the decision in writing.

    Construction and opening of the applicant, the term applies to the article 17th, 19th and 21st of the regulations.

    Investment, equity participation in the sixth section, the acquisition of domestic legal entities financial institutions 42nd in banking institutions in rural commercial bank investment, equity participation, applicants should comply with the relevant provisions of the 13th; acquisition of village Bank, the applicant should conform to the relevant provisions of the 28th.

Commercial banks ' acquisition of domestic banking institutions in rural areas (except for village banks) and investment, equity participation and acquisition of domestic non-bank financial institutions, the applicant shall meet the following requirements:

(A) having a sound corporate governance structure;

(Ii) has a clear development strategy and sophisticated financial business model;

(C) has the strength and ability to replenish capital of foreign investment;

(D) and table with good management skills;

(E) the last 2 years supervisory rating level 2;

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

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

(H) sound and effective risk management and internal control, have good foreign investment risk identification, monitoring, analysis and control;

(IX) 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;

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

    (11) other prudent requirements as specified by the CBRC. 43rd rural commercial banks invested or share 10% of the total share capital of banking institutions in the territory, by the CBRC local city or state banking regulatory Bureau accepted, the banking regulatory Board for review and decision.

Investment, equity participation banking institutions in 10% per cent of the total equity, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision.

Commercial banks ' acquisition of domestic banking institutions in rural areas, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision.

Established rural commercial banks with investment, equity participation, in non-banking financial institutions in acquisitions, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision.

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

    Chapter III establishment of branches

    Section branch, franchise organizations to set up

Rural commercial bank to establish a branch of the 44th article, the applicant shall meet the following requirements:

(A) the rural financial development has a clear strategy and a mature business model of rural finance;

(B) rural commercial banks set up for 2 years or more;

(C) not less than 1 billion yuan of registered capital;

(D) the last 2 years supervisory rating level 2;

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

(F) the main prudential measures comply with the regulatory requirements, which bad loans is lower than 3%, capital adequacy ratio not less than 12%;

(G) has the ability to allocate operating funds;

(VIII) have perfect information technology systems, compliance and information security systems, standardized data management systems, technologies and measures to protect business continuity and effective operation;

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

    (J) other prudent requirements as specified by the CBRC.

Article 45th rural commercial banks established credit card Center, "San Nong" (small business) credit Center, private banking, Bill Center, financial operations center franchisees, except shall conform to the relevant provisions in article 44th of the applicant, shall conform 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 specified by the CBRC. 46th rural commercial bank branch in preparation of an application by the Corporation to be established the CBRC local city or state banking regulatory Bureau submitted by the CBRC local city or state banking regulatory Bureau accepted, the banking regulatory Board for review and decision. Franchised companies to build applications for its corporate bodies submitted to the banking Board to be established, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision.

    Decisions receipt of complete application materials or within 4 months from the date of acceptance to approve or disapprove the decision in writing. 47th rural commercial bank branch, its franchisees prepare for a period of 6 months from the date of the approval decision. Fails to complete the preparation, applicants should 1 month before the expiry of the period for the provision of start-up delay reporting to the authorities.

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

    Applicants should be submitted prior to the expiry of the period prescribed in the preceding paragraph branch, its franchisees, apply for business commencement is overdue, failure of planning approval documents, handled by the authorities to build license cancellation. Opening of the 48th commercial bank branches in rural areas to be established were filed by the CBRC city or state banking regulatory Bureau to receive, review and make decisions. Franchisees opened to be established were filed by the CBRC or City Commission Office, the banking regulatory Board for review and decision.

Decisions receipt of complete application materials or admissibility within 2 months from the date of approval or disapproval of a written decision.

Rural commercial bank branches, franchisees 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) has the business development organization, and rules and regulations;

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

    (E) with the business management Department of information technology, with 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.

    Section II branch established

49th rural commercial banks and rural cooperative banks established in the jurisdiction where the registered branch, the applicant in addition to the 44th article (a), (e), (g), (h), (I) the provision of conditions, should also be subject to the following conditions:

(A) the previous year supervisory rating level 3;

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

(C) other prudent requirements as specified by the CBRC.

Rural commercial bank branch outside the jurisdiction where the registered establishment, the applicant in addition to the 44th article (a), (e), (g), (h), (I) the provision of conditions, should also be subject to the following conditions:

(A) rural commercial bank to set up more than 1 year of age;

(B) previous year supervisory rating level 2;

(C) not less than 500 million yuan of registered capital;

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

    (E) other prudent requirements as specified by the CBRC.

    50th village banks set up for more than 6 months, good corporate governance, the main prudential indicators in line with regulatory requirements, the Corporation may apply according to local demand for financial services in villages and set up branches within its jurisdiction.

51st rural commercial banks and rural cooperative banks, rural banks established in the jurisdiction where the registered branch, its build programme decided by the Corporation after the opening report. Rural commercial bank branch outside the jurisdiction where the registered planning applications, 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 or within 4 months from the date of acceptance to approve or disapprove the decision in writing.

    Construction period applicable to the provisions of article 47th. 52nd rural commercial banks and rural cooperative bank, rural bank branch in the jurisdiction where the registered applications for approval submitted by the institution, by the CBRC local city or state banking regulatory Bureau to receive, review and make decisions. Outside of the jurisdiction where the registered rural commercial bank branch opened to be established were filed by the CBRC city or state banking regulatory Bureau to receive, review and make decisions.

The CBRC or banking regulatory Bureau within 2 months from the date of acceptance of approval or disapproval of the decision in writing.

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) has the business operations of business premises, safety measures and other facilities.

    53rd rural commercial bank branches to set up branches in the same city, its administrative licensing conditions and procedures, Division and time frame in accordance with the rural commercial bank branch established in the jurisdiction where the registration provisions. Section III branches, credit unions, branch, branch office established
    54th rural commercial banks and rural cooperative banks, rural banks to set up branches, established rural credit cooperatives, rural credit cooperatives credit cooperatives, branches, and loan companies to set up branch applicants subject to section should be consistent with the 44th (VII), (VIII) provision of conditions, should also be subject to the following conditions:

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

(B) qualified staff familiar with banking;

(C) the recent 1 year no severe violations and major cases due to internal management issues;

    (D) other prudent requirements as specified by the CBRC.

55th rural commercial banks and rural cooperative banks, rural banks to set up branches, established rural credit cooperatives, rural credit cooperatives credit cooperatives, branches, and loan company set up a branch, its build programme decided by the Corporation after the opening report. Applications for approval submitted by the institution, by the CBRC local city or state banking regulatory Bureau to receive, review and make decisions.

    The CBRC or banking regulatory Bureau within 2 months from the date of acceptance of approval or disapproval of the decision in writing.

56th branch opening license, an applicant should receive approval 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. Branches should be since the date of business license within 6 months of opening. Failed to open on schedule, the applicant should be opened before the expiration of 1 month opening delayed report to the authorities.

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

    Opening branches within the time limits prescribed in the preceding paragraph, opening failure of approval documents, up to authorities for opening license cancellation procedures to recover its financial licenses, and make an announcement.

    The fourth chapter change

    The first institutional change

    57th institutional change, including: changing the name, change residence, change form, change of ownership, change of its registered capital, amend the Constitution, separation, merger and temporarily out of business.

Article 58th Corporation changes its name, the name should be indicated in "rural Bank", "rural cooperative bank", "Credit Union", "Union", "Union", "Village Bank", "lender" and the "rural mutual cooperatives" kind words from, among others, and in accordance with the protective principles of uniqueness and goodwill.

Corporate name change from the CBRC local city or State Banking Regulatory Commission Office, the banking regulatory Board for review and decision.

    Provinces (autonomous regions) to rural credit cooperatives and rural commercial banks change names of municipalities, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision.

59th Corporation changes its domicile, should be consistent with the business development business premises, safety measures and other facilities. Institution changes its domicile, by the CBRC local city or state banking regulatory Bureau to receive, review and make decisions.

Authorities for the CBRC after the CBRC report.

Provinces (autonomous regions) rural credit cooperative unions and municipalities rural commercial bank changes its domicile, accepted by the banking regulatory Bureau, reviewed and decided that the ex post facto report the CBRC.

Administrative Division, due to reasons such as the adjustment of administrative division Street and building numbers change and actual position does not change, do not need to change their place of residence to apply for, but should be reported in the 15th after the change of territorial regulators and renewal of financial licenses. Corporation 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 you should notice in the original homes, shelter, and 10th territorial regulator. Temporary accommodation should be consistent with the requirements of the police and the Fire Services Department.

    Fetch the original residence, legal institutions in advance 10th public security, issued by the Fire Department to fetch the residence of, fire safety certificates and other materials reported territorial regulators, and make an announcement.

    60th rural small and medium financial institutions change form shall be in accordance with the relevant financial institutions to establish conditions and procedures for administrative licenses.

61st rural small and medium financial institutions stake change, the assignee shall comply with the provisions of the appropriate sponsor (Investor) qualifications.

Rural commercial banks, and rural cooperation Bank, and rural credit cooperation Association, and rural credit association, and village Bank and rural funds mutual social change holds equity total 1% above, and 5% following of single shareholders (members), by corporate institutions prior report silver prison branch or where City silver prison Council; change holds equity total 5% above, and 10% following of single shareholders (members) of change application, by Silver prison branch or where City silver prison Council accepted, silver prison Council review and decided.

Rural commercial banks and rural cooperative banks, rural credit cooperatives, rural credit cooperatives, village banks holding equity due to changes over 10% of a single shareholder (member) application for amendment, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision. Provinces (autonomous regions) rural credit cooperative unions, local rural credit cooperatives Union equity due to changes 1% and 5% following a single member, CBRC report.

Single members of holding equity due to changes by more than 5% by the CBRC, examine and decide.

Transfer of stakes to foreign banks by the Banking Commissioner's Office and a preliminary review, China Banking Regulatory Commission review and decision.

    Investor shares of small and medium financial institutions in rural areas, according to the commercial banks and insiders and shareholder relevant provisions of management measures of connected transactions, complete and truthfully disclose the relationship.

62nd Corporation changes its registered capital and its shareholders (members) shall comply with the provisions of the appropriate sponsor (Investor) qualifications. Provinces (autonomous regions) to rural credit cooperatives Union changes its registered capital, accepted by the CBRC, China Banking Regulatory Commission review and decision.

Other institutional changes its registered capital whose administrative permissions apply the provisions of article 59th of this approach. Involving foreign banks with equity investment, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision.

Invest in foreign banks after shareholding proportion unchanged from the CBRC local city or State Banking Regulatory Commission Office, the banking regulatory Board for review and decision. Corporation by way of rights issue or direct offering which changes its registered capital, which changes its registered capital should also go through a rights issue or raise new programmes approved before.

    Programme receive, review and a decision procedure for the article 59th. 63rd rural small and medium financial institutions in and outside the public share offer and listing of shares shall comply with the relevant laws and regulations and the relevant regulatory provisions of the CSRC.

Before I proceed to apply to the SFC should be applied to the CBRC and approved.

    Rural small and medium financial institutions in domestic and overseas initial public offering and listing shares, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision.

64th Corporation amend the Statute of administrative permission applies to the way the 59th of the rules.

    Change of corporate name, residence, ownership, registered capital or business scope, should authorities approve decisions decision to modify the corresponding provisions of the regulations and report within 6 months.

65th rural commercial banks and rural credit cooperatives, rural banks, lending Division or merger of the company should be in line with the People's Republic of China company law provisions such as; rural cooperative banks, rural credit cooperatives, rural credit cooperative unions, rural credit cooperatives, the provincial (autonomous region) rural credit cooperatives and rural mutual cooperatives Division or merger should refer to the People's Republic of China company law and other relevant provisions. Corporate merger and accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision.

Rural commercial banks, the provincial (autonomous region) separation of rural credit cooperative unions, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision; other corporate division by the CBRC local city or state banking regulatory Bureau accepted, the banking regulatory Board for review and decision.

Separation of existence, after the expiry of the notice in the Division, neither party shall be in accordance with the changes of the conditions and procedure 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 by administrative license; original Corporation should be dissolved in accordance with legal conditions and procedures via administrative permission. Merger, merger announcements after the expiration, merged party shall change the conditions and procedure for the adoption of an administrative license; the merged party should be dissolved in accordance with legal conditions and procedures via administrative permission.

Be merged into branches, should be adopted in accordance with the conditions and procedures for opening branch offices of administrative licensing.

    Merger by new establishment, merger announcements after the expiry, the new party should be opened in accordance with legal conditions and procedures by administrative license; original Corporation should be dissolved in accordance with legal conditions and procedures via administrative permission.

    66th the above change, accepted by the subordinate regulatory authorities, reported by the regulatory authority decisions, supervision organs at higher levels 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. 67th Corporation ceased operations, time for more than 3 days in a row in this part within 6 months for the temporary closure.

Corporate temporary closure of this part by the Corporation as the applicant. Corporate headquarters temporarily closed by the CBRC local city or state banking regulatory Bureau to receive, review and make decisions.

The CBRC or banking Board from the date of acceptance in the 10th to approve or disapprove the decision in writing. Approved provisional closure of expiration or led to the temporary closure of elimination, temporary cessation of business institutions should resume, the applicant shall be reported to the authorities within after the trade resumed business on 5th.

    Under special circumstances, necessary extension of temporary closure, should be according to the procedures in the preceding paragraph to reapply, reapply for no more than 2 times.

    Section II branch changes

    68th branch changes include: changing the name, institutional upgrading, downgrading, temporarily out of business.

69th branches change names should be indicated in the name of "branches" and "branch", "Bo", "Credit Union", "Office", "savings bank" and "branch" kind words from, among others, and in accordance with the protective principles of uniqueness and goodwill.

    Branch name change by the seat of the CBRC local city or state banking regulatory Bureau to receive, review and make decisions.

70th branch upgraded conditions should be consistent with the proposed upgrading agency establishment and administrative license.

Upgrade branch to branch, who wishes to upgrade local CBRC city or State Banking Regulatory Commission Office, banking regulatory Bureau to review and decide; upgrading of branches in other circumstances, by the CBRC local city or state banking regulatory Bureau to receive, review and make decisions.

    Other changes due to branch upgraded, mutatis mutandis, the relevant provisions.

71st relegated to sub-branch, downgrading from the proposed place of the CBRC local city or State Banking Regulatory Commission Office, banking regulatory Board for review and decision; other branches down without administrative permission, but authorities must, after the report.

    Other changes due to branches reduced, mutatis mutandis, the relevant provisions. 72nd bar above changes, apply to the branches of corporate bodies.

    Accepted by the subordinate regulatory authorities, reported by the regulatory authority decisions, supervision organs at higher levels 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. 73rd branches closed for more than 3 days in a row within 6 months for the temporary closure.

Branch temporarily out of business by the Corporation as the applicant.

    Provisional closure of the branch of administrative licensing matters concerning 67th provisions of these measures.

    The fifth chapter termination

    First legal termination

74th Corporation has one of the following situations, whether it be dissolved:

(A) the operating period as prescribed by the articles expires or in articles of other circumstances that should be dissolved;

(B) the authority of the dissolution resolution;

    (C) the Division or merger to be dissolved. 75th Corporation dissolved by 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 or within 3 months from the date of acceptance to approve or disapprove the decision in writing.

    Corporation due to dissolved is divided or merged, together with the Division or merger for approval.

76th Corporation has one of the following, before filing for bankruptcy to the Court, should be applied to the CBRC and approved:

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

(B) dissolution and liquidation, the liquidation team found body property is insufficient to pay off debt, filed for bankruptcy. Filing for bankruptcy, 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

    77th terminates its business operations branch (was cancelled), the Corporation terminates its business operations shall be submitted to the application. 78th branch terminates its business operations to the application, which the branch is located the CBRC local city or State Banking Regulatory Commission Office, banking regulatory Board for review and decision terminates its business operations to other parts of the application, the branch is located the CBRC city or state banking regulatory Bureau to receive, review and make decisions.

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

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

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

79th establishment in addition to settlement and sale of foreign exchange business or increase other than Exchange business, the applicant shall meet the following requirements:

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

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

(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 specified by the CBRC.

    Section 80th for conducting foreign exchange operations and foreign currency business, and by the CBRC local city or state banking regulatory Bureau accepted, the banking regulatory Board for review and decision.

    Section II raised issue of debt and capital instruments

81st raise subordinated term debt, the issuance of Tier II capital bonds, hybrid capital bonds, financial bonds and require approval of the CBRC's other debt, capital, the applicant shall meet the following requirements:

(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 specified by the CBRC.

    Section 82nd raise subordinated term debt, the issuance of Tier II capital bonds, hybrid capital bonds, financial bonds and require approval of the CBRC's other debt, capital, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision.

    Section III opening derivatives trading business

83rd initiation of dealings of derivative products eligible rural commercial banks 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.

84th rural Commercial Bank Foundation class derivatives trading business, shall meet the following requirements:

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

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

(Three) 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;

(D) adapt trading venues and equipment;

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

    (Vi) other prudent requirements as specified by the CBRC.

85th rural commercial banks operate general types of derivatives trading business, except in accordance with the conditions provided for in article 84th, 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 specified by the CBRC.

    Section 86th opening derivatives trading business, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision.

    Fourth Festival to start credit card business Section 87th for launching the credit card business is divided into application of card-issuing business and apply for acquiring business.

Applicants should meet the following requirements:

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

(B) the main prudential measures comply with the regulatory requirements; (C) meet the qualifications of Directors and senior managers and qualified staff.

Senior managers should 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;

(Vi) in good standing, with a sound and effective system of prevention and control of cases, the last 3 years no serious violations and major cases due to internal management issues;

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

    (VIII) other prudent requirements as specified by the CBRC.

88th opened credit card service in addition to these measures the conditions prescribed by section 87th, but applicants should also comply with the following conditions:

(A) the registered capital paid-up capital, and no less than RMB 500 million Yuan;

(B) 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;

(Three) 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;

    (D) consistent with their overall business strategy and development plan to improve overall business competitiveness, according to the business development of actual ongoing business costs, basic break-even business monitoring and measurement, and so on.

89th run credit card acquiring activities in addition to these measures the conditions prescribed by section 87th, but applicants should also comply with the following conditions:

(A) the registered capital paid-up capital, and no less than RMB 100 million Yuan;

(B) have started acquiring business good business base, 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;

(Three) has handle received single business of professional system support, in territory built has received single business host, and special merchant application management system, and special merchant credit assessment management system, and merchant settlement account management system, and account management system, and received single trading monitoring and counterfeiting trading warning system, and trading authorized system, professional operation based facilities, related facilities through has necessary of security detection and business test, can guarantees customer information and business data of integrity and security;

    (D) consistent with their overall business strategy and development plan to improve business competitiveness, according to the business development of actual ongoing business costs, basic break-even business monitoring and measurement, and so on.

90th rural commercial banks and rural cooperative banks, rural banks, rural credit cooperatives, rural credit cooperatives ' applications for operating independently branded credit card issuing business, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision.

    Rural commercial banks and rural cooperative banks, rural banks, rural credit cooperatives, rural credit union an application for acquiring business from the CBRC local city or State Banking Regulatory Commission Office, the banking regulatory Board for review and decision.

91st of provinces (autonomous regions) rural credit cooperative unions within the jurisdiction of rural commercial banks and rural cooperative banks, rural credit cooperatives, rural credit union delegate, apply uniform credit card brand, should be subject to the following conditions:

(A) using a unified brand and in accordance with the relevant provisions of the measures for the supervision and administration of commercial bank's credit card business of rural commercial banks and rural cooperative banks, rural credit cooperatives, rural credit union number more than 5;

(B) the main prudential indicators after the Agency Commission is within its jurisdiction comply with the regulatory requirements;

(C) professional experience in credit card business system (including, but not limited to self-construction and maintenance of transaction authorization system, transaction monitoring systems, and so on), and adopted necessary safety testing and operational testing;

(D) agency information systems work well within its jurisdiction, guarantee the quality of relevant business information security and operation of the system of technical capacity;

(E) with credit card issuers for services of professional customer service infrastructure;

    (Vi) professional management and technicians.

92nd unified credit card brands started issuing business rural commercial banks, rural cooperative banks, rural credit cooperatives, rural credit union shall comply with the following conditions:

(A) the previous year supervisory rating level 3;

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

(C) strong retail customer base and good personal credit management skills and experience;

    (D) the senior management personnel and business management staff with professional and technical staff.

93rd of provinces (autonomous regions) applications for rural credit cooperatives Union Unity credit card brand, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision.

Provinces (autonomous regions) Unity credit card brands of the rural credit cooperatives Union of rural commercial banks and rural cooperative banks, rural credit cooperatives, rural credit union an application for a credit card-issuing business, by the CBRC local city or state banking regulatory Bureau accepted, the banking regulatory Board for review and decision.

    Unity rural Bank of the credit card brand launched an application for credit card business from the CBRC local city or State Banking Regulatory Commission Office, the banking regulatory Board for review and decision.

    Fifth Festival opening offshore banking business

94th rural commercial bank offering offshore banking or business, shall meet the following requirements:

(A) the last 2 years supervisory rating level 2;

(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;

(Iv) foreign exchange businesses in China in line with offshore banking requirements, and no bad records in the previous operations, supervisors should conduct foreign exchange business more than 5 years, other practitioners for at least 50% to engage in foreign exchange business for more than 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 specified by the CBRC.

    95th applications for operating an offshore banking or increased business, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision.

    Sixth section, apply for other business

    96th applications for operating other businesses specified in the current regulations and, by the CBRC local city or state banking regulatory Bureau accepted, the banking regulatory Board for review and decision.

97th applications for operating the existing law was not clearly defined business and variety, shall meet 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) meet the strategic development and direction of this body;

(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 specified by the CBRC.

    Apply for business and products mentioned in this article, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision.

    98th operations in this chapter, accepted by the subordinate regulatory authorities, reported by the regulatory authority decisions, supervision organs at higher levels 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.

    The seventh chapter Director (Director) and senior management personnel qualifications for licensing

    Section of job qualifications

99th article rural commercial banks, and rural cooperation Bank, and rural credit association, and village Bank Chairman, and Deputy Chairman, and independent Director and other Director, Board members and Board Secretary; rural credit unions, and rural credit unions joint social, and rural credit cooperation Association, and province (autonomous regions) Rural Credit Union joint social, and rural funds mutual social, Chairman of, and Deputy, Chairman of, and independent governing and other governing, Council members must by served qualification license. Rural commercial banks, and rural cooperation Bank, and village Bank of President, and Deputy President, and President Assistant, and risk Director, and financial 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 head, and financial sector head, and collection rules sector head, head office sales head; rural credit unions Director; rural credit unions joint social, and rural credit cooperation Association, and rural credit Association Director, and Deputy Director and sales head ; Province (autonomous regions) Rural Credit Union Joint Social Director, and Deputy Director, and Director Assistant, and total Audit Division and with ranks senior management personnel, collection rules sector head, and Office (regional audit Center) Director; loan company General Manager; rural funds mutual social Manager; rural commercial banks branch President, and Deputy President, and President Assistant, and branch sales head, franchise institutions General Manager, and Deputy General Manager, and General Manager Assistant; rural commercial banks, and rural cooperation Bank, and village Bank branch President; County (city, and

District) Director of the rural credit cooperatives, rural credit cooperatives credit cooperatives, rural credit cooperatives, rural credit cooperatives Credit Union directors, Deputy Directors and other senior managers is subject to qualification license.

    Others did not serve in these positions, but the actual performance of the directors listed in the preceding two paragraphs (Director) and the responsibilities of senior management personnel, according to the CBRC found similar qualifications of the personnel into management.

100th application for small and medium financial institutions in rural areas to be appointed Director (Director) and senior management personnel qualifications, persons to be appointed should meet 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.

101th persons to be appointed one of the following circumstances, these measures are considered to be inconsistent with the 100th article (b), (c), (e) the conditions laid down shall not act as directors of rural small and medium financial institutions (Director) and senior managers:

(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 (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 serious negligence, cause significant loss 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, improper means to obtain the qualification approval.

102th to be appointed one of the following circumstances, these measures are considered to be inconsistent with article 100th (vi), (VII) provision conditions shall not act as directors of rural small and medium financial institutions (Director) and senior managers:

(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;

(Ii) or their spouses and other close relatives combined holdings of financial institutions more than 5% shares or 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 over 5% shares or shares, and the total amount of credit obtained from the financial institution significantly exceeded its net value of the shares of financial institutions;

(D) his or her spouse in holdings of financial institutions more than 5% shares or shares of formations of the shareholders, and the shareholders of the financial institution to credit amount significantly exceeds 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;

    (Vi) banking regulator in accordance with the principle of substance over form has failed to meet the rural small and medium financial institutions determine Director (Director) and senior managers in the financial situation, the independence of the regulatory minimum requirements in other circumstances.

103th applied for a rural small and medium financial institutions Directors (governing) qualifications, proposed addition shall comply with the conditions specified in article approaches the 100th, but should also meet the following conditions:

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

(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 governance structure, articles of Association and a Director of a Corporation (the governing) duties.

Apply for rural small and medium financial institutions of independent directors (governing) qualifications, persons to be appointed should also be legal, economic, financial, and accounting professionals and in accordance with the relevant regulations.

    Rural mutual cooperatives member does not apply the provisions of this article.

104th inter alia, 102th 101th section are not listed, but small and medium financial institutions in rural areas to be appointed independent directors (directors) must not exist in the following situations:

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

(B) themselves or their close relatives hold the financial institutions more than 1% shares or share capital shareholders formations;

(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 between the 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 intended to serve financial institutions large shareholders, top management control or exercise significant influence, that interfere with their duty of independence;

(VII) the regulator in accordance with the principle of substance over form to determine does not meet the independent Director of rural small and medium financial institutions (Director) the independence of the regulatory minimum in other circumstances.

    Independent Director (Council) with a rural small and medium financial institutions in serving time shall not exceed 6 years.

Section 105th, Chairman of small and medium financial institutions in rural areas (Governor-General), Vice Chairman (Vice President), independent directors (directors) and the qualifications of the Secretary of the Board, persons to be appointed should also meet the following qualifications and conditions of working years:

(A) intends any rural commercial banks, and rural cooperation Bank Chairman, and Deputy Chairman, province (autonomous regions) Rural Credit Union joint social, Chairman of, and Deputy, Chairman of, to city rural credit Association Chairman, and Deputy Chairman, to city rural credit unions joint social, and to city rural credit cooperation Association, Chairman of, and Deputy, Chairman 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);

(Ii) intends any County (city, and district) rural credit Association Chairman, and Deputy Chairman, County (city, and district) rural credit unions joint social, and County (city, and district) rural credit cooperation Association, Chairman of, and Deputy, Chairman of, rural commercial banks, and rural cooperation Bank, and rural credit Association Board Secretary, should has College 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);

(C) the village Bank Board Chairman and Executive Director, to be appointed Secretary of the Board, should have a college education, engaged in financial work for more than 5 years, or engaged in economic work 8 years experience (of which engaged in financial work for more than 2 years);

(D) the proposed Vice Chairman and a Director of the rural credit cooperatives, should have secondary education, 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);

(E) rural mutual cooperatives to be appointed Director of the should have a high school or technical school degree or above;

    (Vi) the independent directors to be appointed (Director), should have a Bachelor degree.

    106th proposed senior managers of small and medium financial institutions in rural areas should be aware of the proposed duties of the position, familiar with the Agency's management framework, the business model of the same type, familiar with the Agency's internal control system of the same type, with the risk management capacity commensurate with the proposed position.

107th applicant qualifications for senior managers of small and medium financial institutions in rural areas, people to be appointed should also meet the following qualifications and conditions of working years: (A) intends any rural commercial banks, and rural cooperation Bank President, and Deputy President, and President Assistant, and risk Director, and financial Director, and collection rules Director, branch President, and Deputy President, and President Assistant, franchise institutions General Manager, and Deputy General Manager, and General Manager Assistant, province (autonomous regions) Rural Credit Union Joint Social Director, and Deputy Director, and Director Assistant, and total Audit Division, to city rural credit unions joint social, and to city rural credit cooperation Association, and to city rural credit Association Director, and Deputy Director,

Provinces (autonomous regions) to rural credit cooperatives Union Office (regional audit Centre) the Director should possess Bachelor, engaged in financial work for more than 6 years, or related work in more than 10 years (of which engaged in financial work for more than 3 years); (Ii) intends any County (city, and district) rural credit unions joint social, and County (city, and district) rural credit cooperation Association, and rural credit Association Director, and Deputy Director, and sales head, to city rural credit cooperation Association, and rural credit association Credit Union Director, and Deputy Director, and sales head, rural commercial banks and rural cooperation Bank sales head, rural commercial banks branch sales head, rural commercial banks, and rural cooperation Bank branch President, village Bank President, and Deputy President, and President Assistant, and risk Director, and

Chief Financial Officer, Chief Compliance Officer, Sales Executive, Branch Manager, loans, General Manager, should have a college education, 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);

(C) to be appointed Director of the rural credit cooperatives and County (city, district), Director of the rural credit cooperatives credit cooperatives, rural credit cooperatives Credit Union Director, should have secondary education, engaged in financial work for more than 5 years, or related work in 8 years (of which engaged in financial work for more than 2 years);

(Four) intends any rural commercial banks, and rural cooperation Bank, and village Bank total Audit Division, and Chief Accountant, and within trial sector head, and financial sector head, should has College above degree, made national or international recognized of accounting, and audit professional technology titles (or through national or international recognized of accounting, and audit professional technology Qualification exam), and engaged in financial, and accounting or audit work 6 years above (which engaged in financial work 2 years above);

(E) the proposed provinces (autonomous regions) Union of rural credit cooperatives, rural commercial banks and rural cooperative banks, rural banks head of the compliance Department, should have Bachelor degree and doing financial work for more than 4 years;

(F) the proposed rural commercial banks and rural cooperative banks, rural banks, 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);

    (G) rural mutual cooperatives to be appointed manager, should have a high school or college education.

The 108th person to be appointed does not meet the above requirements, but subject to the following conditions, meet academic requirements:

(A) the National Administrative Department for education at approved institutions awarded Bachelor's degree;

(B) 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 by 4 years financial work experience in;

(C) should have Bachelor degree requirements are junior college graduates should increase more than 6 years finance or at least 8 years related work experience (doing financial work for more than 4 years);

    (D) should have a college degree requirement is education for high school or College, shall be a corresponding increase in 6 years finance or at least 8 years related work experience (doing financial work for more than 4 years).

    109th article does not meet the 105th, No. 207, and 108th person to be appointed as provided in clause, rural small and medium financial institutions consider that their ability to post the necessary knowledge, experience and capacity, may submit applications.

    Section II qualifications for licensing procedures

    110th Director (Director) and senior management personnel qualifications applied for by legal authority.

111th of the following directors (Director) and senior management personnel qualifications applied for by the CBRC local city or state banking regulatory Bureau to receive, review and make decisions.

(A) the County (city, district), rural commercial banks and rural cooperative banks, rural credit cooperatives, rural banks, Chairman, Deputy Chairman, Director and Secretary of the Board and senior management, General Manager of loan;

(B) the city rural Commercial Bank Vice Chairman, directors, Secretary, Vice President, President Assistant, Chief Risk Officer, Chief Financial Officer, compliance Director, General Auditor, Chief Accountant, Chief Information Officer, the internal audit department, finance department heads and the head of the compliance Department, head of the Sales Department;

(C) rural credit cooperatives, counties (cities and districts) rural credit cooperative unions, County (city, district), rural credit cooperatives and rural mutual cooperatives Director-General, Deputy Director-General, Director and senior management personnel;

(D) rural credit cooperative unions, City Deputy Director-General, Director of the rural credit cooperatives, the Deputy Director, Deputy Chairman of the Board, the Director, Deputy Director of the rural credit cooperatives, rural credit cooperatives, rural credit cooperatives, head of the Sales Department;

    (E) rural commercial bank branch President, Vice Presidents, Assistant Governor, head of the Business Department, rural commercial banks and rural cooperative banks, rural Bank Branch Manager, County (city, district), Director of the rural credit cooperatives, rural credit cooperatives credit cooperatives, rural credit cooperatives, rural credit cooperatives Credit Union Director and Deputy Director.

The 112th of the following directors (Director) and senior management personnel qualifications applied for by the CBRC accepted and preliminary examination, the banking regulatory Board for review and decision.

(A) city rural commercial bank Chairman and President;

(B) local rural credit cooperatives Union, Director of the rural credit cooperatives, Director, Director of the city's rural credit cooperatives, and Chairman,;

(C) rural commercial bank monopoly, General Manager, Deputy General Manager, Assistant General Manager;

    (D) the provincial (autonomous region) rural credit cooperatives Union Office (regional audit Centre) Director. 113th municipalities rural commercial bank Chairman, and the province (autonomous region) rural credit cooperatives Union Director-General, officer qualification preliminary examination of applications accepted by the CBRC and the regulator will review and decide.

    Rural commercial bank directors and senior managers of municipalities and provinces (autonomous regions) rural credit cooperative unions of other directors and senior management personnel qualifications applied for by the CBRC, examine and decide, later reported the CBRC.

    114th article province (autonomous regions) Rural Credit Union joint social and municipalities rural commercial banks Deputy Tung (acting) thing long and the Deputy President (Director) served qualification need case audit of, its application by Silver prison Council accepted and preliminary review, silver prison will review and decided; other intends any people need case audit of, its application by Silver prison branch or where City silver prison Council accepted, silver prison Council review and decided.

    The 115th of rural small and medium financial institutions and their branches set up new, the directors (Director) and senior management personnel qualifications applied for, approved in conjunction with the agency business permission.

    116th Chairman (Chairman), Vice Chairman (Vice President) and qualifications for senior managers talk, the examination by the authorities or an agency authorized by the authorities in the review or prior.

117th who he is or has been a member to be appointed Chairman of financial institutions (Governor-General), Vice Chairman (Vice President) and 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.

    Auditing report mentioned in these measures refers to the rural small and medium financial institutions themselves or hire outside auditors for its outgoing Chairman (Chairman), Vice Chairman (Vice Chairman), senior management audits, to the personnel within 60 days after departure from regulators to submit a written report. 118th 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, to the proposed seat of the CBRC city or State Banking Board submitted to the auditing reports or serve economic responsibility audit report and related materials.

The proposed seat of the CBRC city or State Banking Board shall serve to 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 in writing the person to be appointed and the rural small and medium financial institutions to apply 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.

    Rural small and medium financial institutions Directors (Director) term expires and senior managers, was re-elected or appointed to the Board (directors) and senior managers, mutatis mutandis, the provisions. 119th of rural small and medium financial institutions Directors (governing) long, President (Director), branch Presidents, franchise Director, General Manager, Credit Union vacancy, the rural small and medium financial institutions in accordance with the articles of incorporation and other rules specified in accordance with the appropriate job qualifications, duties on behalf of the person, and from the date of a decision reported to regulators in the 3rd.

Duties on his behalf does not meet the qualifications of the personnel, regulators can order the period adjustment of rural small and medium financial institutions took the duties of personnel. Duty hours shall not exceed 6 months.

    Rural small and medium financial institutions shall, within 6 months of employing personnel with qualifications officially.

    120th Director (Director) and senior managers before the qualification approval may not be any duty.

    121th supervisors established small and medium financial institutions in rural areas, their qualifications and procedures reference Chairman (Chairman).

    Article 122th qualification matters accepted by the subordinate regulatory authorities, reported by the regulatory authority decisions, supervision organs at higher levels in the 30th, the date of receipt of complete application materials approved or not approved a written decision; accepted, reviewed and decided by the same regulatory authorities, from the date of acceptance in the 30th to approve or not to approve of the written decision.

    The eighth chapter supplementary articles

123th rural cooperative banks and their conditions of administrative licensing, program, Division and time frame in accordance with the approach which rural commercial bank established by the relevant regulations.

    Rural Credit Union branches set up, change and its qualifications for senior managers license conditions, program, Division and time frame in accordance with the relevant provisions of the ways of rural credit cooperatives. 124th institutions change licensing matters, small and medium financial institutions in rural areas should be made at decision completed within 6 months from the date of the decision on the administrative license changes, and to determine location of the organs and bodies of the CBRC report. Director (Director) and senior management personnel qualifications for licensing matters, should be approved by the authorities in determining qualifications to be appointed within 3 months of arrival, small and medium financial institutions in rural areas should be decided and location of dispatched a written report of the CBRC.

Except as otherwise provided in laws and administrative regulations.

    Is not completed within the time limit prescribed in the preceding paragraph changes or any of, the licensing file failure, up to authorities for license cancellation.

    125th of rural small and medium financial institutions set up, change and termination, involving amendment of registration of industry and commerce, taxation, and legal procedures, should be completed within 1 month of the change authorities report and the local bodies of the CBRC.

126th after the dissolution of the rural small and medium financial institutions reform for rural commercial banks, rural cooperative banks, rural credit cooperatives, rural credit union branches, the branches opened and the qualifications of the relevant senior management personnel shall be decided by the legal entities opened along with the approved Corporation opened.

    Rural commercial banks and rural cooperative banks, rural credit cooperatives, rural credit cooperatives are set up, their home and financial institutions should enable the new bodies established a branch license, business license, seals, certificates, plaques, etc.

    127th from Hong Kong, Macao and Taiwan banks to invest in the area of small and medium financial institutions in rural areas, mutatis mutandis, the relevant provisions of the foreign bank. 128th jurisdiction where the register mentioned in these measures refers to the urban area incorporated the services of the local district and County local counties served by the institution.

    In this way the "upper" containing the number or level, in this way, the "days" are working days.

    129th explain these measures by the CBRC. 130th 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 rural small and medium financial institutions (2008 3rd China Banking Regulatory Commission) abolished at the same time.