China Banking Regulatory Commission In Implementation Of Administrative Licensing Matters Concerning Non-Bank Financial Institutions Approach

Original Language Title: 中国银行业监督管理委员会非银行金融机构行政许可事项实施办法

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(August 3, 2007 Bank of China industry supervision Management Committee makes 2007 13th, announced since announced of day up purposes) first chapter General first article for specification China banking supervision Management Committee (following referred to silver prison will) and sent institutions implementation non-bank financial institutions administrative license behavior, clear administrative license matters, and conditions, and applies operation process and term, protection application people lawful rights and interests of, according to People's Republic of China banking supervision management method, and People's Republic of China administrative license method, legal     Regulations and relevant decisions of the State Council, these measures are formulated.     Article referred to non-bank financial institutions, including the China Banking Regulatory Commission approved the establishment of the trust companies, finance companies, financial leasing companies, auto finance companies and money-broking company, Representative Office of foreign non-bank financial institutions and other agencies.     Article CBRC and its local agencies in accordance with these measures and the China Banking Regulatory Commission for the implementation of administrative licensing procedures regulations on non-bank financial institutions, the implementation of administrative licensing.     Article fourth non-bank financial institutions, the following matters shall be licensed by the CBRC and its local agencies: institutions, institutional change, termination, adjusting the scope of business and increasing business varieties, qualifications of Directors and senior management, and so on.     Applicants shall, in accordance with section v of the China Banking Regulatory Commission for the non-bank financial institutions of administrative licensing matters concerning application materials list and format requirements for submitting application materials. Second chapter institutions established first section trust corporate institutions established sixth article established trust corporate institutions should has following conditions: (a) has meet People's Republic of China company law and silver prison will provides of company articles; (ii) has meet provides conditions of funded people, including territory non-financial institutions, and territory financial institutions, and outside financial institutions and silver prison will recognized of other funded people; (three) registered capital for one-time real paid capital, minimum limit for 300 million Yuan Yuan or equivalent of can free exchange currency     ; Processing trust Affairs not perform personally management duties, that not bear investment management people duties of, minimum limit for 100 million Yuan Yuan or equivalent of can free exchange currency; (four) has meet served qualification conditions of Director, and senior management personnel and with business phase adapted of qualified of trust practitioners; (five) has sound of organization institutions, and business operation rules and risk control system; (six) has and business business phase adapted of business places, and security prevention measures and other facilities; (seven) silver prison will provides of other carefully sex conditions. Seventh article territory non-financial institutions as trust funded people, should has following conditions: (a) in business administration sector registration registered, has corporate qualification; (ii) has good of company governance structure or effective of organization management way; (three) has good of social reputation, and integrity records and tax records; (four) business management good, recently 2 years within no major illegal violations business records; (five) financial status good, and recently 2 a fiscal year continuous profit; (six) year-end distribution Hou, Net worth not below assets total of 30% (merged statements caliber); (seven) shares sources real legal, shall not to borrowing funds shares, shall not to others delegate funds shares; (eight) single funded people and associated party investment shares trust shall not over 2 home, which absolute holding shall not over 1 home; (nine) commitment 3 years within not transfer by holding some trust equity (Silver prison will law ordered transfer of except), not will by holding some trust equity for pledge or established trust,     And set out in the articles; (j) except as provided in State investment and holding companies, equity investment balances in principle no more than the net assets of 50% (on consolidated accounting statement basis); (11) other prudent requirements as specified by the CBRC.     Article eighth as trust investors in financial institutions, should comply with the financial institutions relating to the laws, rules and regulations and the article seventh (except the sixth) the conditions laid down. Nineth article outside financial institutions as trust funded people, should has following conditions: (a) recently 1 years end total assets in principle not less than 1 billion dollars; (ii) silver prison will recognized of international rating institutions recently 2 years on its made of long-term credit rating for good and the above; (three) financial status good, recently 2 a fiscal year continuous profit; (four) outside financial institutions for commercial banks Shi, its capital sufficient rate should not below 8%; for other financial institutions Shi,     Should meet residence to national (area) regulatory authorities corresponding of carefully regulatory index of requirements; (five) internal control system sound effective; (six) commitment 3 years within not transfer by holding some trust equity (Silver prison will law ordered transfer of except), and not will by holding some trust equity for pledge or established trust, and in company articles in the contains Ming; (seven) registered to financial institutions supervision management system perfect; (eight) where country (area) economic status good; (nine) silver prison will provides of other carefully sex conditions.     Article tenth proportion to the trust invested in a single foreign institution may not exceed 20%, and itself and related party equity investment trusts shall not be more than 2.     11th trust company shall cover the establishment and opened in two stages. 12th to build trust, parties should be made by the investor as an applicant to the proposed banking Board submitted an application accepted by the CBRC and preliminary examination, the China Banking Regulatory Commission review and decision.     Since the CBRC within 4 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing. 13th trust establishment for a period of 6 months from the date of the approval decision. Fails to build, application for extension of time, extend the period not exceeding 3 months. Applicants should be under construction before the expiration of 1 month to submit to the China Banking Regulatory Commission to build the extension application.     Banking Regulatory Commission from the date of receipt of the written request made within 20th whether to approve the extension of the decision, with a copy to the relevant banking regulatory Bureau.     Applicants should submit applications for approval before the expiry of the period prescribed in the preceding paragraph, overdue, failure of planning approval documents, up to cancellation of construction licenses. 14th trust opened by the Organizing Committee to be established to submit applications to the banking Board, accepted by the CBRC and preliminary examination, the China Banking Regulatory Commission review and decision.     CBRC within 2 months from the date of receipt of the complete application materials to approve or not to approve of the written decision.     15th the applicant shall upon receipt of the file and receive a financial license approved by the open, industrial and commercial registration and business license. Trust company shall obtain business licenses within 6 months of opening. Cannot be opened, application for extension of time, extend the period not exceeding 3 months. Applicants should be opened before the expiry of 1 month opened extension of the application submitted to the CBRC. Banking Regulatory Commission from the date of receipt of the written request made within 20th whether to approve the extension of the decision, with a copy to the relevant banking regulatory Bureau.     Not within the time stipulated in the opening, open authorization failure, up to cancellation of business permission to recover the financial license, and shall be published. Second section group financial company corporate institutions established 16th article established group financial company (following referred to financial company) corporate institutions should has following conditions: (a) does is concentrated management group funds of need, by reasonable forecast can reached must of business scale; (ii) has meet People's Republic of China company law and silver prison will provides of company articles; (three) has meet provides conditions of funded people; (four) registered capital for one-time real paid capital, Minimum limit for 100 million Yuan Yuan or equivalent of can free exchange currency; (five) has meet served qualification conditions of Director, and senior management personnel, and in risk management, and funds intensive management, key post Shang has qualified of specifically talent (refers to in financial company main business activities in the bear risk management and funds intensive management of staff); (six) financial company practitioners in the engaged in financial or financial work 3 years above of personnel should not below total number of two-thirds, and     5 years above of personnel should not below total number of one-third; (seven) in company governance, and internal control, and business operation, and risk prevention, aspects has perfect of system, established has perfect of management information system and risk control system; (eight) has and business business phase adapted of business places, and security prevention measures and other facilities; (nine) silver prison will provides of other carefully sex conditions.     17th finance company's investor should mainly be members of the corporate group, including members outside strategic investors with rich industry management experience.     State restricting the entry of outside investors and upon prior approval of the CBRC's special industry groups, a new financial company strategic investor should have rich management experience as investors, or at least introduced in the management team 1 has extensive experience in senior management and 1 risk management professionals. 18th article application established financial company of group, should has following conditions: (a) meet national industry policy and has core main; (ii) recently 1 a fiscal year late, by provides and table accounting of members units of assets total not below 5 billion Yuan Yuan, net worth not below assets total of 30%; (three) financial status good, recently 2 a fiscal year by provides and table accounting of members units business income total annual not below 4 billion Yuan Yuan, Tax Qian profit total annual not below 200 million Yuan Yuan; (four) cash flow stable and has larger scale; (five) mother company established 2 years above and has group internal financial management and funds management experience; (six) mother company recently 1 a fiscal year late of registered capital not below 800 million Yuan Yuan; (seven) mother company has sound of company governance structure, all Dang associated trading; (eight) mother company has good of social reputation, and integrity records and tax records, recently 2 years within no major illegal violations business records    And (I) the parent company real legitimate sources of stakes, no loan capital shares shall not be entrusted funds shares and (10) other prudent requirements as specified by the CBRC. 19th article members units as financial company funded people, should has following conditions: (a) in business administration sector registration registered, has corporate qualification; (ii) has good of company governance structure or effective of organization management way; (three) has good of social reputation, and integrity records and tax records; (four) business management good, recently 2 years no major illegal violations business records; (five) financial status good, recently 2 a fiscal year continuous profit; (six) year-end distribution Hou,     Total assets net assets of not less than 30% (on consolidated accounting statement basis); (VII) real legitimate sources of stakes, no loan capital shares, shall not be entrusted funds may invest as shares; (h) the investment is consistent with provisions of national laws or regulations; (IX) other prudent requirements as specified by the CBRC. 20th article members units yiwai of strategy investors as financial company funded people, should has following conditions: (a) commitment 3 years within not transfer by holding financial company equity (Silver prison will law ordered transfer of except) and in financial company articles in the contains Ming; (ii) has 3 years above business management financial company or similar institutions of success experience; (three) has good of company governance structure; (four) has sound, and effective of internal management and risk control system; (five) financial status good,     Last 2 consecutive fiscal year profits; (vi) real legitimate sources of stakes, no loan capital shares, shall not be entrusted funds may invest as shares; (VII) other prudent requirements as specified by the CBRC. 21st article members units yiwai of strategy investors for financial institutions of, except should meet this approach 20th article provides of conditions zhiwai, also should has following conditions: (a) funding letter good, recently 2 years not by both inside and outside regulatory institutions of major punishment; (ii) meet about regulatory requirements and index, and the items investment meet related legal, and regulations and the regulatory provides; (three) strategy investors for outside financial institutions of, its recently 1 years end total assets in principle not less than 1 billion dollars,     And international rating agency approved by the CBRC's long-term credit rating on it the last 2 years for good and above and (iv) other prudent requirements as specified by the CBRC.     22nd article members units yiwai of strategy investors for non-financial institutions enterprise of, except should meet this approach 20th article provides of conditions zhiwai, also should has following conditions: (a) has good of social reputation, and integrity records and tax records; (ii) business management good, recently 2 years no major illegal violations business records; (three) year-end distribution Hou, net worth not below total assets of 30% (merged statements caliber); (four) the items investment meet national legal, and regulations provides;     (E) other prudent requirements as specified by the CBRC.     Article 23rd individual members of finance company for the strategic investor equity investment proportion shall not exceed 20%, and their own finance companies and related party equity investment shall not be more than 2.     24th finance company shall cover the establishment and opened in two stages. 25th lead financial companies of enterprise groups, parent company to be established should submit applications to the banking Board, accepted by the CBRC and preliminary examination, the China Banking Regulatory Commission review and decision.     Since the CBRC within 4 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing. Article 26th financial company's establishment for a period of 6 months from the date of the approval decision. Fails to build, application for extension of time, extend the period not exceeding 3 months. Applicants should be under construction before the expiration of 1 month to submit to the China Banking Regulatory Commission to build the extension application.     Banking Regulatory Commission from the date of receipt of the written request made within 20th whether to approve the extension of the decision, with a copy to the relevant banking regulatory Bureau.     Applicants should submit applications for approval before the expiry of the period prescribed in the preceding paragraph, overdue, failure of planning approval documents, up to cancellation of construction licenses. 27th finance companies, parent company to be established should submit applications to the banking Board, accepted by the CBRC and preliminary examination, the China Banking Regulatory Commission review and decision.     CBRC within 2 months from the date of receipt of the complete application materials to approve or not to approve of the written decision.     28th the applicant shall upon receipt of the file and receive a financial license approved by the open, industrial and commercial registration and business license. Finance companies shall be from the date of registration within 6 months of opening. Cannot be opened, application for extension of time, extend the period not exceeding 3 months. Applicants should be opened before the expiry of 1 month opened extension of the application submitted to the CBRC. Banking Regulatory Commission from the date of receipt of the written request made within 20th whether to approve the extension of the decision, with a copy to the relevant banking regulatory Bureau.     Not within the time stipulated in the opening, open authorization failure, up to cancellation of business permission to recover the financial license, and shall be published. Third section financial rental company corporate institutions established 29th article established financial rental company corporate institutions, should has following conditions: (a) has meet People's Republic of China company law and silver prison will provides of company articles; (ii) has meet provides conditions of funded people; (three) registered capital for one-time real paid capital, minimum limit for 100 million Yuan Yuan or equivalent of can free exchange currency; (four) has meet served qualification conditions of Director, and senior management personnel and familiar financing rental business of qualified practitioners     (V) has a sound corporate governance, internal controls, operational and risk management systems; (f) commensurate with the business of the business premises, safety measures and other facilities, and (VII) other prudent requirements as specified by the CBRC.     30th financial leasing company investors are divided into the main contributors and contributors in General. Main contributor is the amount accounted for more than financial leasing companies to be established with registered capital of 50% investors.     Main contributor shall be registered inside and outside China have separate legal personality of commercial banks, leasing companies, registered in China, main business is manufacturing for financial leasing products for large enterprises, as well as the CBRC approved financial institutions can act as a main contributor. Investors refer to other contributors except the main contributor.     Meets the conditions for major investor-funded financial leasing company may contributors in General.     31st article in China both inside and outside registered of has independent corporate qualification of commercial banks as financial rental company main funded people, should has following conditions: (a) capital sufficient rate meet registered to financial regulatory institutions requirements and not below 8%; (ii) recently 1 years end total assets not below 80 billion Yuan Yuan or equivalent of free exchange currency; (three) recently 2 a fiscal year continuous profit; (four) comply with registered to legal regulations, recently 2 years within not occurred major case or major illegal violations behavior;     (E) having a sound corporate governance structure, internal control mechanisms and risk management systems; (vi) overseas commercial bank as the largest investor, should have in their sound financial supervision and regulation system, the host country (region) good economic conditions; (VII) other prudent requirements as specified by the CBRC. 32nd article in China both inside and outside registered of has independent corporate qualification of rental company as financial rental company main funded people, should has following conditions: (a) recently 1 years end total assets not below 10 billion Yuan Yuan or equivalent of can free exchange currency; (ii) recently 2 a fiscal year continuous profit; (three) comply with registered to legal regulations, recently 2 years within not occurred major case or major illegal violations behavior; (four) outside rental company as main funded people of,     The country where (regional) economy is in good condition, and (v) other prudent requirements as specified by the CBRC.     33rd article in China territory registered of, and main business for manufacturing for financing rental trading products of large as financial rental company main funded people, should has following conditions: (a) recently 1 years of business income not below 5 billion Yuan Yuan or equivalent of can free exchange currency; (ii) recently 2 a fiscal year continuous profit; (three) recently 1 years end net worth not below total assets of 30% (merged statements caliber); (four) main business sales income accounted for all business income of 80% above;     (E) good credit records; (vi) compliance with national laws and regulations, within the last 2 years no major incidents or serious violation of Act; (VII) other prudent requirements as specified by the CBRC. 34th article territory non-financial institutions as financial rental company General funded people, should has following conditions: (a) in business administration sector registration registered, has corporate qualification; (ii) has good of company governance structure or effective of organization management way; (three) has good of social reputation, and integrity records and tax records; (four) business management good, recently 2 years within no major illegal violations business records; (five) financial status good, and recently 2 a fiscal year continuous profit; (six) year-end distribution Hou,     Net worth total assets 30% (on consolidated accounting statement basis); (VII) within 3 years of commitment not to transfer the financial leasing companies (except according to law to order the transfer of the CBRC), does not hold financial leasing companies to pledge or to establish a trust, and set out in the articles; (VIII) other prudent requirements as specified by the CBRC.     Article 35th of domestic financial institutions as financial leasing company General investor shall conform with the financial institutions relating to the laws, rules and regulations and have the article 34th (except the sixth) the conditions laid down.    36th article outside financial institutions as in the funding financial rental company General funded people, should has following conditions: (a) recently 1 years end total assets in principle not less than 1 billion dollars; (ii) recently 2 a fiscal year continuous profit; (three) outside financial institutions for commercial banks Shi, its capital sufficient rate should not below 8%; for other financial institutions Shi, should meet residence to national (area) regulatory authorities corresponding of carefully regulatory index of requirements; (Four) internal control system sound effective; (five) commitment 3 years within not transfer by holding some financial rental company equity (Silver prison will law ordered transfer of except), and not will by holding some financial rental company equity for pledge or established trust, and in company articles in the contains Ming; (six) registered to financial institutions supervision management system perfect; (seven) where country (area) economic status good; (eight) silver prison will provides of other carefully sex conditions.     37th individual investors and their financial leasing company related party equity investment shall not be more than 2.     38th financial leasing companies shall cover the establishment and opened in two stages. 39th preparation financial leasing company, main contributor should be submitted as an applicant to the proposed banking Board application, accepted by the CBRC and preliminary examination, the China Banking Regulatory Commission review and decision.     Since the CBRC within 4 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing. 40th finance leasing company's establishment for a period of 6 months from the date of the approval decision. Fails to build, application for extension of time, extend the period not exceeding 3 months. Applicants should be under construction before the expiration of 1 month to submit to the China Banking Regulatory Commission to build the extension application.     Banking Regulatory Commission from the date of receipt of the written request made within 20th whether to approve the extension of the decision, with a copy to the relevant banking regulatory Bureau.     Applicants should submit applications for approval before the expiry of the period prescribed in the preceding paragraph, overdue, failure of planning approval documents, up to cancellation of construction licenses. 41st financial leasing company, should submit an application to be established banking regulatory Bureau, accepted by the CBRC and preliminary examination, the China Banking Regulatory Commission review and decision.     CBRC within 2 months from the date of receipt of the complete application materials to approve or not to approve of the written decision.     42nd the applicant shall upon receipt of the file and receive a financial license approved by the open, industrial and commercial registration and business license. Financial leasing companies shall, from the date of business license within 6 months of opening. Cannot be opened, application for extension of time, extend the period not exceeding 3 months. Applicants should be opened before the expiry of 1 month opened extension of the application submitted to the CBRC. Banking Regulatory Commission from the date of receipt of the written request made within 20th whether to approve the extension of the decision, with a copy to the relevant banking regulatory Bureau.     Not within the time stipulated in the opening, open authorization failure, up to cancellation of business permission to recover the financial license, and shall be published.     Fourth section car financial company corporate institutions established 43rd article established car financial company corporate institutions should has following conditions: (a) has meet People's Republic of China company law and silver prison will provides of company articles; (ii) has meet provides conditions of funded people; (three) registered capital for one-time real paid capital, minimum limit for 500 million Yuan Yuan or equivalent of can free exchange currency; (four) has meet served qualification conditions of Director, and senior management personnel and familiar car financial business of qualified practitioners;     (E) has a sound corporate governance, internal control, operational and risk management systems; (f) commensurate with the business of the business premises, safety measures and other facilities, and (VII) other prudent requirements as specified by the CBRC.     44th investor of an auto financing company in China legally established inside and outside of the corporate enterprise, which the main contributor for the production or sales of auto enterprise or a non-bank financial institutions.     Main contributor referred to in the preceding paragraph refers to the investor the amount up to and contributions of no less than the proposed Automobile finance company's total equity of 30% investors.     45th article non-financial institutions as car financial company funded people, should has following conditions: (a) recently 1 years of total assets not below 4 billion Yuan Yuan or equivalent of can free exchange currency, years business income not below 2 billion Yuan Yuan or equivalent of can free exchange currency (merged statements caliber); (ii) business performance good, and recently 2 a fiscal year continuous profit; (three) shares sources real legal, shall not to borrowing funds shares, shall not to others delegate funds shares;     (Four) comply with registered to legal regulations, recently 2 years within no major illegal violations behavior; (five) same corporate shall not investment 2 a above of car financial company; (six) commitment 3 years within not transfer by holding some car financial company equity (Silver prison will law ordered transfer of except), and in company articles in the contains Ming; (seven) silver prison will provides of other carefully sex conditions.     Article 46th as auto finance companies of non-bank financial institutions investor in addition to 45th second to seventh as provided, should also have registered capital of no less than 300 million yuan of RMB's condition or its equivalent in a convertible currency.     47th an auto financing company shall cover the establishment and opened in two stages. 48th preparation auto finance company, main contributor should be submitted as an applicant to the proposed banking Board application, accepted by the CBRC and preliminary examination, the China Banking Regulatory Commission review and decision.     Since the CBRC within 4 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing. 49th since the applicant received the approval letter within 6 months from the date of completion of preparatory work. Fails to build, application for extension of time, extend the period not exceeding 3 months. Applicants should be under construction before the expiration of 1 month to submit to the China Banking Regulatory Commission to build the extension application.     Banking Regulatory Commission from the date of receipt of the written request made within 20th whether to approve the extension of the decision, with a copy to the relevant banking regulatory Bureau.     Applicants should submit applications for approval before the expiry of the period prescribed in the preceding paragraph, overdue, failure of planning approval documents, up to cancellation of construction licenses. 50th of an auto financing company, should submit an application to be established banking regulatory Bureau, accepted by the CBRC and preliminary examination, the China Banking Regulatory Commission review and decision.     CBRC within 2 months from the date of receipt of the complete application materials to approve or not to approve of the written decision.     51st the applicant shall upon receipt of the file and receive a financial license approved by the open, industrial and commercial registration and business license. An auto financing company shall obtain business licenses within 6 months of opening. Cannot be opened, application for extension of time, extend the period not exceeding 3 months. Applicants should be opened before the expiry of 1 month opened extension of the application submitted to the CBRC. Banking Regulatory Commission from the date of receipt of the written request made within 20th whether to approve the extension of the decision, with a copy to the relevant banking regulatory Bureau.     Not within the time stipulated in the opening, open authorization failure, up to cancellation of business permission to recover the financial license, and shall be published.     Fifth section currency brokers company corporate institutions established 52nd article established currency brokers company corporate institutions should has following conditions: (a) has meet People's Republic of China company law and silver prison will provides of company articles; (ii) has meet provides conditions of funded people; (three) registered capital for one-time real paid capital, minimum limit for 20 million Yuan Yuan or equivalent of can free exchange currency; (four) has meet served qualification conditions of Director and senior management personnel;     (E) employees should be 60% working experience in finance or related economic and (vi) have a sound organizational structure, management system and risk control system.     (VII) commensurate with the business of the business premises, safety measures and other facilities, (VIII) other prudent requirements as specified by the CBRC. 53rd article application in territory owned or and territory funded people joint venture established currency brokers company of outside funded people should has following conditions: (a) for where national (area) law established of currency brokers company; (ii) where national (area) has perfect of financial supervision management system, and applicants by where national (area) about competent authorities of effective regulatory, its regulatory authorities and silver prison will signed has regulatory memorandum; (three) engaged in currency brokers business 20 years above, business sound,     And has perfect of internal control system; (four) has good of social reputation, and integrity records and tax records, recently 2 years within no major illegal violations business records; (five) business performance good, and recently 2 a fiscal year continuous profit, annual after-tax net not below 5 million dollars; (six) has engaged in currency brokers service by required of global institutions network and information communications network; (seven) in China territory established representative institutions 2 years above;     (H) within 3 years of commitment not to transfer the currency brokerage company shares (except according to law to order the transfer of the CBRC), and set out in the articles; (IX) other prudent requirements as specified by the CBRC. 54th article application established currency brokers company or and outside funded people joint venture established currency brokers company of territory funded people should has following conditions: (a) for law established of non-bank financial institutions; (ii) engaged in currency market, and Exchange, agent business 5 years above; (three) business sound, has perfect of internal control system; (four) has good of social reputation, and integrity records and tax records, recently 2 years within no major illegal violations business records; (five) business performance good,     And the last 2 fiscal years continuous profits; (vi) within 3 years of commitment not to transfer the currency brokerage company shares (except according to law to order the transfer of the CBRC), and set out in the articles; (VII) other prudent requirements as specified by the CBRC.     55th money brokerage companies shall cover the establishment and opened in two stages. 56th preparation money brokerage firms, investment should be the largest investor as the applicants submitting applications to the banking Board to be established, accepted by the CBRC and preliminary examination, the China Banking Regulatory Commission review and decision.     Since the CBRC within 4 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing. 57th since the applicant received the approval letter within 6 months from the date of completion of preparatory work. Fails to build, application for extension of time, extend the period not exceeding 3 months. Applicants should be under construction before the expiration of 1 month to submit to the China Banking Regulatory Commission to build the extension application.    Banking Regulatory Commission from the date of receipt of the written request made within 20th whether to approve the extension of the decision, with a copy to the relevant banking regulatory Bureau. Applicants should submit applications for approval before the expiry of the period prescribed in the preceding paragraph, overdue, failure of planning approval documents, up to cancellation of construction licenses. 58th opened money brokerage companies, should submit an application to be established banking regulatory Bureau, accepted by the CBRC and preliminary examination, the China Banking Regulatory Commission review and decision.     CBRC within 2 months from the date of receipt of the complete application materials to approve or not to approve of the written decision.     59th the applicant shall upon receipt of the file and receive a financial license approved by the open, industrial and commercial registration and business license. Currency brokers since the date of business license within 6 months of opening. Cannot be opened, application for extension of time, extend the period not exceeding 3 months. Applicants should be opened before the expiry of 1 month opened extension of the application submitted to the CBRC. Banking Regulatory Commission from the date of receipt of the written request made within 20th whether to approve the extension of the decision, with a copy to the relevant banking regulatory Bureau.     Not within the time stipulated in the opening, open authorization failure, up to cancellation of business permission to recover the financial license, and shall be published.     Sixth branch set up a 60th currency brokerage branches including branches and representative offices.     61st article established currency brokers company branch should has following conditions: (a) has minimum limit for 10 million Yuan Yuan or equivalent of can free exchange currency of operating funds; (ii) has meet served qualification conditions of senior management personnel; (three) has sound of business operation, and internal control, and risk management and the asked accountability system; (four) has and business business phase adapted of business places, and security prevention measures and other facilities; (five) silver prison will provides of other carefully sex conditions.     62nd article application established branch of currency brokers company should has following conditions: (a) does is business development need; (ii) established 2 years above, and registered capital not below 50 million Yuan Yuan or equivalent of can free exchange currency; (three) business status good, recently 2 a fiscal year continuous profit; (four) recently 2 years no major illegal violations business records; (five) allocated the branch (containing intends set Branch) of operating funds total not over its registered capital of 50%;     (Vi) other prudent requirements as specified by the CBRC.     63rd money brokerage firms set up branch offices in the preparation stage and the opening two stages. 64th money brokerage companies to build branch shall consist of money brokerage companies as applicants submitting applications to the banking Board to be established, and CBRC reported money brokerage companies is located, accepted by the CBRC to be established and preliminary examination, the China Banking Regulatory Commission review and decision. Since the CBRC within 4 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing.     Proposed banking Board in the first instance report the CBRC shall seek prior views of CBRC money brokerage companies is located. 65th since the applicant received the approval letter within 6 months from the date of completion of preparatory work. Fails to build, application for extension of time, extend the period not exceeding 3 months. Applicants should be under construction before the expiration of 1 month to submit to the China Banking Regulatory Commission to build the extension application.     Banking Regulatory Commission from the date of receipt of the written request made within 20th whether to approve the extension of the decision, with a copy to the relevant banking regulatory Bureau.     Applicants should submit applications for approval before the expiry of the period prescribed in the preceding paragraph, overdue, failure of planning approval documents, up to cancellation of construction licenses. 66th company opening a money broker, shall consist of money brokerage companies as applicants submitting applications to the banking Board to be established, and CBRC reported money brokerage companies is located, accepted by the CBRC to be established and preliminary examination, the China Banking Regulatory Commission review and decision.     CBRC within 2 months from the date of receipt of the complete application materials to approve or not to approve of the written decision.     67th the applicant shall upon receipt of the file and receive a financial license approved by the open, industrial and commercial registration and business license. Money brokerage Corporation since the date of business license within 6 months of opening. Cannot be opened, application for extension of time, extend the period not exceeding 3 months. Applicants should be opened before the expiry of 1 month opened extension of the application submitted to the CBRC. Banking Regulatory Commission from the date of receipt of the written request made within 20th whether to approve the extension of the decision, with a copy to the relevant banking regulatory Bureau.     Not within the time stipulated in the opening, open authorization failure, up to cancellation of business permission to recover the financial license, and shall be published. 68th money brokerage companies based on business management needs, you can compare regions set up a representative office. Money brokerage companies as applicants submitting applications to the banking Board to be established, and CBRC reported money brokerage companies is located, accepted by the CBRC to be established and preliminary examination, the China Banking Regulatory Commission review and decision.     Since the CBRC within 2 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing.     69th article outside non-bank financial institutions application established China representative at, should has following conditions: (a) where national or area has perfect of financial supervision management system; (ii) is by where national or area financial regulatory authorities approved established of financial institutions, or is financial sex industry association members; (three) business status good, no major illegal violations records; (four) has effective of anti-money-laundering measures; (five) silver prison will provides of other carefully sex conditions. 70th foreign non-bank financial institutions to set up representative offices, should be determined by the parent company to be established banking regulatory Bureau submitted the application, accepted by the CBRC and preliminary examination, the China Banking Regulatory Commission review and decision.     CBRC within 6 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing.     71st of other non-bank financial institutions to set up branches of the relevant regulations formulated by the CBRC separately.     Section I of chapter III institutional changes institutional change article 72nd non-bank financial institutions, institutional change, including: change of name, change of ownership or change of equity structure, which changes its registered capital and changes its domicile or place of business, change organizational forms, amending the articles, separation or merger, as well as other changes that require the approval of the CBRC. 73rd CBRC direct supervision of non-bank financial institutions to change the name, accepted by the CBRC, review and decision.     The CBRC, the CBRC supervision of non-bank financial institutions to change the name, the local banking regulatory Commission or CBRC, examine and decide. China Banking Regulatory Commission and the China Banking Regulatory Commission or CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing.     By the banking regulatory Board decisions, decisions should be reported to the CBRC; decided by the CBRC, decided should be reported to the banking regulatory Bureau and the China Banking Regulatory Commission.     74th all contributions to be invested in non-bank financial institutions who invest in qualification as well as non-bank financial institutions equity changes or ownership structure adjustment should be approved, but non-bank financial institutions listed shares falls short of the company's total shares in circulation except 5%. 75th article non-bank financial institutions change equity and the adjustment equity structure, intends investment shares of funded people should respectively has following conditions: (a) trust funded people of conditions applies this approach seventh article to tenth article provides of conditions; (ii) financial company funded people of conditions applies this approach 19th article to 23rd article provides of conditions; (three) financial rental company funded people of conditions applies this approach 30th article to 37th article provides of conditions, which existing financial rental company change equity,     Investor conditions apply to the conditions provided for in article 34th to 37th; (d) auto finance company's conditions apply to the conditions provided for in article 44th to 46th; (v) money broking company funded the human condition these procedures apply to 53rd, 54th conditions provided for in article. 76th CBRC direct supervision of trust companies, finance companies, financial leasing companies change of ownership or change of equity structure, by the CBRC, examine and decide.     CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing. Silver prison Council, and silver prison branch regulatory of trust, and financial rental company change equity or adjustment equity structure, single times change proportion reached total equity 10% or change Hou holding proportion reached 10% of, by location silver prison Council accepted and preliminary review, and silver prison will review and decided, silver prison will since received full of application material of day up 3 months within made approved or not approved of written decided; silver prison Council regulatory of trust, and financial rental company change equity or adjustment equity structure, Single times change proportion below total equity 10% and change Hou holding proportion below 10% of, by location silver prison Council accepted, and review and decided, silver prison Council since accepted of day up 3 months within made approved or not approved of written decided, and copy silver prison will; silver prison branch regulatory of trust, and financial rental company change equity or adjustment equity structure, single times change proportion below total equity 10% and make more Hou holding proportion below 10% of, by location silver prison branch accepted and preliminary review, and silver prison Council review and decided,     Banking Board from the date of receiving the complete application documents within 3 months of approval or disapproval of a written decision, and reported to the CBRC. Silver prison Council, and silver prison branch regulatory of financial company due to was silver prison Council area outside Group acquisition or restructuring caused change equity or adjustment equity structure of, by location silver prison Council accepted and preliminary review, and silver prison will review and decided, silver prison will since received full of application material of day up 3 months within made approved or not approved of written decided; silver prison Council regulatory of financial company due to other reasons caused change equity or adjustment equity structure of, by location silver prison Council accepted, and review and decided,    Silver prison Council since accepted of day up 3 months within made approved or not approved of written decided, and copy silver prison will; silver prison branch regulatory of financial company due to other reasons caused change equity or adjustment equity structure of, by location silver prison branch accepted and preliminary review, and silver prison Council review and decided, silver prison Council since received full of application material of day up 3 months within made approved or not approved of written decided, and copy silver prison will. CBRC supervision of auto financial company and money-broking firm change of ownership or change of equity structure, the local banking regulatory Bureau to receive, review and make decisions, the CBRC made within 3 months from the date of the acceptance approval or disapproval of a written decision, and reported to the CBRC.     Silver prison Council, and silver prison branch regulatory of trust, and financial rental company, and car financial company, and currency brokers company change equity or adjustment equity structure involved outside investors investment shares of, financial company change equity or adjustment equity structure involved group outside strategy investors investment shares of, by location silver prison Council accepted and preliminary review, and silver prison will review and decided, silver prison will since received full of application material of day up 3 months within made approved or not approved of written decided.     77th article non-bank financial institutions application change registered capital, should has following conditions: (a) change registered capital Hou still meet silver prison will on the class company minimum registered capital and capital sufficient sex of requirements; (ii) change registered capital involved change equity or adjustment equity structure of, should while meet change equity or adjustment equity structure of conditions; (three) silver prison will provides of other carefully sex conditions.     78th application to change the registered capital of the non-bank financial institutions licensing procedures apply provisions of 73rd, which changes its registered capital related to change of ownership or change of equity structure, licensing procedures apply to the provisions of article 76th.     79th of non-bank financial institution to change dwellings or business premises including the relocation of the relocation, remote in the same city, in which CBRC offsite relocation including relocation and the CBRC's relocation of the CBRC.     80th of non-bank financial institutions and with the relocation of the city shall meet the following requirements: (a) can legally be used to be moved to a new residence or business premises, (ii) to be moved into a new residence or business premises should be in line with provisions of security facilities, and (iii) other prudent requirements as specified by the CBRC. 81st CBRC direct supervision of non-bank financial institutions and with the relocation of the town by the CBRC, examine and decide, banking regulatory Bureau, the CBRC supervision of non-bank financial institutions moved in the same city where Commission or CBRC, examine and decide. China Banking Regulatory Commission and the China Banking Regulatory Commission or CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing.     By the banking regulatory Board decisions, decisions should be reported to the CBRC; decided by the CBRC, decided should be reported to the banking regulatory Bureau and the China Banking Regulatory Commission.     82nd article non-bank financial institutions offsite moved site should has following conditions: (a) original business location legacy business get properly disposal, no risk hidden; (ii) can legal using intends moved of new residence or business places; (three) intends moved of new residence or business places should has meet provides of security fire facilities; (four) silver prison will provides of other carefully sex conditions.     Offsite relocation of non-bank financial institutions prior to moving out and intends to move the local government reports. 83rd article CBRC offsite relocation of direct supervision of non-bank financial institutions, submit an application to the CBRC, at the same time copy to be moved to the banking regulatory Bureau, accepted by the CBRC, review and decision.     CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing and copied to the local banking regulatory Bureau. The CBRC, the CBRC supervision of non-bank financial institutions across the relocation of the banking Board, submit an application to the local banking regulatory Bureau, at the same time copy to be moved to the banking regulatory Bureau, the local banking regulatory Commission Office and a preliminary review, the China Banking Regulatory Commission review and decision. The CBRC within 3 months from the date of receipt of the complete application materials approved or not approved by decision in writing and send a copy to the seat of CBRC and moved into banking regulatory Bureau.     Banking regulatory Bureau located in the preliminary review opinions submitted prior to the China Banking Regulatory Commission should seek the views of proposed new banking regulatory Bureau.     Applicants should be completed within 6 months from the date of receipt of approval documents relocation work, and before the formal opening to the local banking regulatory Bureau or relocation of the CBRC report completion. 84th banking regulatory Bureau, the CBRC supervision of non-bank financial institutions in the banking regulatory Bureau across the CBRC relocations, submit an application to the banking regulatory Bureau, accepted by the banking regulatory Bureau, review and decision.     Banking Board made within 3 months from the date of the acceptance approval or disapproval of a written decision, and reported to the CBRC, CC, relating to the CBRC. 85th article trust, and financial rental company, and car financial company, and currency brokers company change organization, should has following conditions: (a) meet People's Republic of China company law, and trust management approach, and financial rental company management approach, and car financial company management approach, and currency brokers company pilot management approach and the other about legal, and regulations of provides; (ii) change organization involved need license of other change matters of,     These measures should also meet the corresponding changes licensing provisions, and (iii) other prudent requirements as specified by the CBRC. 86th CBRC direct supervision of trust companies, financial leasing companies to change organization, accepted by the CBRC, review and decision.     CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing. Banking Board, the CBRC supervision of trust companies, financial leasing companies, auto finance companies and money-broking company which changes its form by the Banking Commissioner's Office and, where the initial review, the China Banking Regulatory Commission review and decision.     China Banking Regulatory Commission from the date of receiving the complete application documents within 3 months to approve or disapprove the decision in writing.     87th of non-bank financial institutions to amend the company's articles of Association shall be in conformity with the People's Republic of China law, the trust management measures and the administration of the finance companies of enterprises groups procedures and the management measures of financial leasing companies, auto finance company management methods and the money brokers company administrative rules on pilot and the provisions of other relevant laws and regulations. 88th non-bank financial institutions because of the change of name, ownership structure, registered capital, place of business, organization and other licensing matters arising to amend the company's articles of Association, may be included in the application for such license applications for proposing to amend the company's articles of Association, authorities may take decisions to approve or disapprove.     Its licensing conditions, procedure and duration of these procedures apply to corresponding changes to licensing requirements. Non-bank financial institutions except as prescribed in the preceding paragraph for reasons other than to amend the company's articles of Association, shall submit separate applications for amending the articles. CBRC direct supervision of non-bank financial institutions to amend the company's articles of Association of the CBRC, examine and decide. The CBRC, the CBRC supervision of non-bank financial institutions amending the articles by location Commission or CBRC, examine and decide.     China Banking Regulatory Commission and the China Banking Regulatory Commission or CBRC within 3 months from the date of acceptance of approval or disapproval of a written decision, decided by the Commission or CBRC, shall simultaneously decided to copy to the CBRC.     89th separation of non-bank financial institutions should be consistent with the relevant laws, administrative regulations and rules and regulations. CBRC separation of direct supervision of non-bank financial institutions, submit an application to the regulator, by the CBRC, examine and decide. CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing. Banking Board, the CBRC supervision of non-bank financial institutions Division, submit an application to the banking regulatory Bureau, accepted by the CBRC and preliminary examination, the China Banking Regulatory Commission review and decision.     CBRC within 3 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing. Separation of non-bank financial institutions, and still survives, after expiry of the notice in the Division, and matters relating to change in accordance with the conditions and procedure for the adoption of an administrative license.     After the Division into a new company, after the expiry of the notice in the Division, should be opened in accordance with legal conditions and procedures via administrative permission.     90th non-bank financial institutions merge should comply with the relevant laws, administrative regulations and rules and regulations. Non-bank financial institutions merged, merged their banking regulatory Bureau to apply and merge the banking regulatory Bureau, where reported to be absorbed, and accepted by the merger Fang Yin Jian and preliminary examination, the China Banking Regulatory Commission review and decision. CBRC within 3 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing. Merger Fang Yin Jian in the first instance report the CBRC should be consulted before being merged Fang Yin Jian's views. Merger announcement 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. Non-bank financial institutions, consolidation, by one party as the primary institutions submit their applications to the local banking regulatory Bureau and copied to the other party where banking regulatory Bureau, accepted by the main local banking regulatory Bureau and preliminary examination, the China Banking Regulatory Commission review and decision. CBRC within 3 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing. Local banking regulatory Bureau in advance of the trial reported the CBRC should seek the views of other banking regulatory Bureau, where.     Merger by new establishment notice after the expiry, the new agency 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.     Section II 91st branch changes of non-bank financial institutions branches, overseas representative change of non-bank financial institutions include: changing the name, it changes its domicile or place of business. 92nd branch changes its name to apply for non-bank financial institutions, and by its corporate office to the branch office location banking regulatory Bureau or the CBRC made by branch home banking regulatory Bureau or the CBRC to accept, review and decision.     By the banking regulatory Board decisions, decisions should be reported to the CBRC; decided by the CBRC, decided should be reported to the banking regulatory Bureau and the China Banking Regulatory Commission.     93rd branch changed to non-bank financial institutions and places of application by its corporate bodies, their license conditions, procedures and time limit for applying the provisions of these measures between 79th and 84th. 94th Representative Office of foreign non-bank financial institutions apply for the name change, represented by its parent company to submit applications to the CBRC at the seat, accepted by the CBRC and preliminary examination, the China Banking Regulatory Commission review and decision.     CBRC within 3 months from the date of receipt of the complete application materials to approve or not to approve the decision. 95th representative change of non-bank financial institutions outside the residence, applications submitted by the representative office to the local banking regulatory Bureau, accepted by the banking regulatory Bureau, review and decision.     CBRC within 3 months from the date of the acceptance to approve or disapprove the decision and reported to the CBRC.     Fourth chapter section legal termination 96th non-bank financial institutions, corporate bodies meet one of the following situations may apply for dissolution: (a) the company operating period as prescribed by the articles expires or the provision of other causes for dissolution occurs; (b) the shareholders ' Meeting decides to dissolve; (c) due to the dissolution of the merger or Division needs; (d) other legal cause.     Set up financial companies of enterprise groups disbanded, finance company mergers or restructuring cannot be achieved, shall apply for dissolution. 97th CBRC direct supervision of non-bank financial institutions dissolved, submit an application to the regulator, by the CBRC, examine and decide.     CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing.     Banking regulatory Bureau, the dissolution of the CBRC supervision of non-bank financial institutions, and submit their applications to the local banking regulatory Bureau, receive and initial review of CBRC, the China Banking Regulatory Commission review and decision, the CBRC within 3 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing.     98th article non-bank financial institutions corporate institutions has following case one of of, to court application bankruptcy Qian, should to silver prison will application and get approved: (a) cannot settlement due debt, and assets insufficient to settlement all debt or obviously lack settlement capacity of, voluntary or should its creditors requirements application bankruptcy of; (ii) has dissolved but not liquidation or not liquidation finished, law has liquidation responsibility of people found the institutions assets insufficient to settlement debt, should application bankruptcy of. 99th CBRC direct supervision of non-bank financial institutions to be bankrupt, submit an application to the regulator, by the CBRC, examine and decide.     CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing. CBRC's non-bank financial institutions within its jurisdiction to be bankrupt, submit an application to the local banking regulatory Bureau, accepted by the CBRC and preliminary examination, the China Banking Regulatory Commission review and decision.     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 100th of trust companies, finance companies, financial leasing companies, monetary brokerage branches, overseas representative office terminates its business operations of non-bank financial institutions or close (was cancelled), termination should be open or close the application.     101th trust companies, finance companies, financial leasing companies and money-broking company Branch Office application for termination of business or shut down, subject to the following conditions: (a) the company's constitutional right to determine body decided the branch terminates its business operations or closed; (b) branches of the business arrangements had been made for appropriate disposal of the bodies, and (iii) other prudent requirements as specified by the CBRC. 102th trust companies, finance companies, financial leasing companies, branch of a money broker company terminates its business operations or shut down by their corporate applications submitted to the CBRC branch is located, accepted by the CBRC and preliminary examination, the China Banking Regulatory Commission review and decision.     CBRC within 3 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing. 103th overseas representative office off of non-bank financial institutions, represented by its parent company to submit applications to the CBRC at the seat, accepted by the CBRC and preliminary examination, the China Banking Regulatory Commission review and decision.     The CBRC within 3 months from the date of receiving the complete application documents, to approve or disapprove of the decision in writing. Fifth chapter adjustment business range and increased business varieties first section trust opened Enterprise annuity fund management business 104th article trust application opened Enterprise annuity fund management business, should has following conditions: (a) has good of company governance and organization schema, and effective play role; (ii) has and opened Enterprise annuity fund business phase adapted of internal control system and the risk management system; (three) no misappropriated trust property, and occurred deposits sex liabilities, and     To trust, business name disguised liabilities and violation trust business respectively management, and respectively accounting of provides, behavior, and recently 3 years within no other major illegal violations business records; (four) has and opened Enterprise annuity fund management business phase adapted of qualified of professionals; (five) has opened Enterprise annuity fund management business by needed of management information system and other facilities; (six) silver prison will provides of other carefully sex conditions. 105th CBRC direct supervision of trust companies establish corporate pension fund management business, submit an application to the regulator, by the CBRC, examine and decide.     CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing. The CBRC, the CBRC supervision of trust companies run corporate pension fund management operations, submit an application to the local banking regulatory Bureau, accepted by the CBRC and preliminary examination, the China Banking Regulatory Commission review and decision.     CBRC within 3 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing. Second section trust application specific purpose trust trustee institutions qualification 106th article trust application specific purpose trust trustee institutions qualification, should has following conditions: (a) completed again registration 3 years above; (ii) registered capital not below 500 million Yuan Yuan or equivalent of can free exchange currency, and recently 3 years end by requirements mention foot all reserves Hou, net worth not below 500 million Yuan Yuan or equivalent of can free exchange currency; (three) proprietary business assets status and liquidity good, meet about regulatory requirements ; (Four) no misappropriated trust property, and occurred deposits sex liabilities or to trust, business name disguised liabilities, behavior, and recently 3 years within no other major illegal violations business records; (five) has good of social reputation and business performance, due trust project all by contract agreed perform finished; (six) has good of company governance and internal control, perfect of trust business operation process and risk management system; (seven) has perform specific purpose trust trustee institutions duties by need of professionals, and business processing system, and     Accounting systems, management information systems, risk management and internal control systems; (h) in accordance with the requirements to disclose the company's annual report and (IX) other prudent requirements as specified by the CBRC. 107th CBRC directly regulated trust company to apply for a specific purpose trust trustee eligibility, submit an application to the regulator, by the CBRC, examine and decide.     CBRC within 1 month from the date of receipt to approve or disapprove the decision in writing. The CBRC, the CBRC supervision of trust companies to apply for a specific purpose trust trustee eligibility, submit an application to the local banking regulatory Bureau, accepted by the CBRC and preliminary examination, the China Banking Regulatory Commission review and decision.     Since the CBRC within 1 month from the date of receipt of the complete application materials to approve or disapprove the decision in writing. 108th eligibility for the specific purpose trust trustee of trust companies issuing asset-backed securities, and conform to the requirements of the banking financial institutions make an application to the China Banking Regulatory Commission, accepted by the CBRC, review and decision.     The CBRC made within 3 months from the date of the acceptance approval or not approval a written decision, and copied to the relevant banking regulatory Bureau. Third section trust opened trustee outside financial business 109th article trust application opened trustee outside financial business qualification, should has following conditions: (a) registered capital not below 1 billion Yuan Yuan or equivalent of can free exchange currency; (ii) by approved has business exchange business qualification, and has good of carried out exchange business of experience; (three) continuous 2 years regulatory rating for good above; (four) recently 2 a fiscal year continuous profit, And mention foot the loss reserves Hou of end net worth not below its registered capital; (five) recently 2 years no by regulatory sector of administrative punishment; (six) has sound of company governance structure, and internal control system and risk management mechanism, and implementation good; (seven) equipped with can meet trustee outside financial business need and has outside investment management capacity and experience of professional talent (2 years above engaged in foreign currency securities sale business of professional management personnel not less than 2 people); has independent carried out trustee outside financial business of sector     , On trustee outside financial business concentrated accepted, and unified operation, and split management; (eight) has meet trustee outside financial business need of risk analysis technology and risk control system; has meet trustee outside financial business need of business places, and computer systems, and security prevention facilities and other related facilities; in trust business and inherent business Zhijian established has effective of isolation mechanism; (nine) China silver prison will provides of other carefully sex conditions.     110th trusts apply for trustee qualification of overseas financing business licensing procedures apply provisions of the 105th. 111th CBRC directly after obtaining the trustee qualification of overseas financial services supervision of trust companies operating trustee before overseas wealth management business shall report to the CBRC.     The CBRC, the CBRC supervision of trust companies after obtaining a trustee qualification of overseas financing business, start-up trustee before overseas financial management services to the banking regulatory Bureau, the CBRC report.    Fourth quarter financial companies started issuing bonds of five business article 112th apply for financial company bonds, underwriting member of corporate bonds, equity investments of financial institutions, securities investment, as well as members of consumer credit products, buyer's credit and financial leasing business, shall meet the following conditions: (a) financial companies to set up more than 1 year, and operating in good condition; (Ii) registered capital not below 300 million Yuan Yuan or equivalent of can free exchange currency, engaged in members units products consumption credit, and buyer credit and the financing rental business of, registered capital not below 500 million Yuan Yuan or equivalent of can free exchange currency; (three) by shareholders will or Board agreed; (four) has compared perfect of investment decision mechanism, and risk control system, and operation and corresponding of management information system; (five) has corresponding of qualified of professionals; (six) silver prison will provides of other carefully sex conditions.     113th apply for financial company bonds, underwriting member of corporate bonds, equity investments of financial institutions, securities investments and Member unit of consumer credit, buyer credit and finance leasing business licensing procedures applicable to the provisions of article 105th.     114th finance company is allowed to operate after the bond business, apply the relevant provisions of the issue, formulated by the CBRC separately.     Fifth section trust, and financial company, and financial rental company opened exchange business 115th article trust, and financial company, and financial rental company application opened exchange business, should has following conditions: (a) law collection rules business, internal control system sound effective, business status good; (ii) has sound of exchange business operation and risk management system; (three) has and opened exchange business phase adapted of qualified of exchange business practitioners; (four) silver prison will provides of other carefully sex conditions.     116th trust companies, finance companies, financial leasing companies apply for foreign exchange business of licensing procedures for 105th provisions of these measures.     Sixth section trust, and financial company, and financial rental company, and car financial company opened derivative financial products trading business 117th article trust, and financial company, and financial rental company, and car financial company opened derivative financial products trading business, should has following conditions: (a) business status good, main risk regulatory index meet requirements; (ii) has sound of derivative products trading risk management system and internal control system; (Three) has perfect of derivative products trading Qian in the background automatically joins of business processing system and real-time of risk management system; (four) derivative products trading business competent personnel should has 5 years above directly participation derivative trading activities and risk management of qualifications, and no bad records; (five) has engaged in derivative products or related trading 2 years above, and accept related derivative products trading skills specifically training half above of trading personnel at least 2 name, related risk management personnel at least 1 name,     Risk model for researchers or risk analysis at least 1 and above are required to post personnel, shall not concurrently with each other, and no adverse record; (f) meets the requirements of derivatives trading venues and equipment, (VII) other prudent requirements as specified by the CBRC.     118th of trust companies, finance companies, financial leasing companies, auto finance companies applied for initiation of dealings of derivative financial products licensing procedures apply provisions of the 105th. Seventh section non-bank financial institutions opened other new business 119th article non-bank financial institutions application opened other new business, should has following basic conditions: (a) has good of company governance and internal control; (ii) business status good, main risk regulatory index meet requirements; (three) has effective recognition and control new business risk of management system; (four) has opened new business by needed of qualified management personnel and business personnel; (five) recently 3 years within no major illegal violations business records; (six) silver prison     Other prudent requirements as specified by.     Other new business referred to in the preceding paragraph, refers to the first section of this chapter to the sixth section has expressly stated in legislation other than the business can operate, but non-bank financial institutions have not yet started business.     120th of non-bank financial institutions opening new business licensing procedures apply provisions of the 105th.     121th of non-bank financial institutions to apply for start-up business specified in the existing legislation is not, by the CBRC separately.     The sixth chapter directors and senior management of qualifications of the personnel licensing section of job qualifications article 122th non-bank financial institutions, Chairman, Vice Chairman, independent Director and other members of the Board of Directors is subject to the qualification license.     Non-bank financial institutions of General Manager (CEO, and President), and Deputy General Manager, and total Audit Division (total audit), and financial Director (Chief Financial Officer), and Chief Accountant, and Chief operation officer, and Chief risk control officer, and Chief Technology Officer, and General Manager Assistant, branch of Manager (Director), outside non-bank financial institutions China representative at Chief, senior management personnel, must by served qualification license.     Not in these positions, but the practical implementation of the first two listed directors and responsibilities of senior management staff, should be according to the relevant provisions of the Banking Regulatory Commission into the vocational qualification management. 123th article application non-bank financial institutions Director and senior management personnel served qualification, intends any people should has following basic conditions: (a) has completely civil capacity of natural; (ii) has good of ethics, and conduct, and conduct and reputation, familiar and comply with legal, and administrative regulations and regulations, has good of law-abiding collection rules records; (three) has shoe vocational by needed of expertise, and skills, and practitioners experience, ensure shoe vocational by needed of time and energy,     In behavior and decision-making shows good judgment and management skills, have a good work record; (d) independence of the duties required, and (v) other prudent requirements as specified by the CBRC.     124th article intends any people has following case one of of, shall not served as non-bank financial institutions Director and senior management personnel: (a) has deliberately or major fault crime records; (ii) served as or had any for illegal business or business management poor and was took over, and revoked, and merged, and declared bankruptcy or revoked license of institutions of Director or senior management personnel, but can proved himself on this not negative main responsibility of except; (three) directed, and participation by served institutions block, and against regulatory institutions for supervision check or case investigation;     (Four) was regulatory institutions canceled Director or senior management personnel served qualification or ban engaged in financial industry work of years not full; (five) two times above was regulatory institutions canceled Director or senior management personnel served qualification or ban engaged in financial industry work; (six) knows has this approach provides of not has served qualification conditions of case, used cheat, and bribery, not due means to get served qualification approved; (seven) has violation ethics, and conduct or work serious dereliction of case, and caused major loss or bad effect;     (Eight) participate in served Qualification exam or talk not through; (nine) I or its spouse has amounts larger of debt and due not reimbursement; (10) I or its spouse cannot regular reimbursement from its intends (now) served financial institutions at get of loan; (11) I or its immediate family separate or common holds intends (now) served financial institutions 5% above shares, and from the financial institutions get of loan obviously over holds of the financial institutions equity net;     (12) I or its immediate family in holds intends (now) served financial institutions 5% above shares of shareholders units served, and the shareholders units from the financial institutions get of loan obviously over its holding some the financial institutions equity net; (13) intends any of senior management personnel in other economic organization part-time; (14) legal, and administrative regulations, and regulatory regulations and the silver prison will provides of shall not served as financial institutions Director and senior management personnel of other case.     12th in the preceding paragraph shall not apply to the financial company directors and senior managers. 125th article application non-bank financial institutions Director served qualification, intends any people except should meet 123th article, and 124th article of provides outside, also should has following conditions: (a) has 5 years above of economic, and financial, and legal, and accounting or other conducive to perform Director duties of work experience, which intends served as independent Director of also should is economic, and financial, and legal, and accounting aspects of experts; (ii) can using non-bank financial institutions of financial report and statistics report judge non-bank financial institutions of business, and     Situation and risk management, (c) understanding non-bank financial institutions, corporate governance, corporate Charter and Board responsibilities, and clear about the rights and duties of the Director. 126th article intends any people has following case one of of, shall not served as non-bank financial institutions independent Director: (a) I or its immediate family holds or through agreement, arrangements and others common holds intends served non-bank financial institutions 1% above shares; (ii) I or its immediate family in holds or through agreement, arrangements and others common holds intends served non-bank financial institutions 1% above shares of units served; (three) I or its immediate family served of institutions and intends served non-bank financial institutions Zhijian exists legal     Accounting, auditing, management consulting and other business contacts or interests; (d) his or her immediate family members may be the proposed non-bank financial institutions control or exercise significant influence in other circumstances (v) I have been in the same type of non-bank financial institutions. 127th article application non-bank financial institutions Chairman, and Deputy Chairman served qualification, intends any people except should meet 123th article to 125th article of provides outside, also should respectively has following conditions: (a) served as trust Chairman, and Deputy Chairman, 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) served as financial company Chairman, and Deputy Chairman, should has undergraduate above degree,    Engaged in financial work for more than 6 years, or financial or money management in the group worked for more than 8 years, or engaged in the Group's core business and related management for more than 10 years (of which engaged in financial work for more than 3 years); (Three) served as financial rental company Chairman, and Deputy Chairman, should has undergraduate above degree, engaged in financial work or financing rental work 6 years above, or engaged in related economic work 10 years above (which engaged in financial work or financing rental work 3 years above); (four) served as car financial company Chairman, and Deputy Chairman, should has undergraduate above degree, engaged in financial work 5 years above, or engaged in car production sales management work 10 years above; (five) served as currency brokers company Chairman, and Deputy Chairman,     Should have Bachelor degree or above, major in finance for more than 10 years, or related work in more than 15 years (of which engaged in financial work for more than 5 years), and have 3 years business unit manager or equivalent business experience Manager positions. 128th article application non-bank financial institutions corporate institutions senior management personnel served qualification, intends any people except should meet 123th article, and 124th article of provides outside, also should respectively has following conditions: (a) served as trust General Manager, and Deputy General Manager, should has undergraduate above degree, engaged in trust business 5 years above, or engaged in other financial work 8 years above; (ii) served as financial company General Manager, and Deputy General Manager, should has undergraduate above degree, engaged in financial work 6 years above, Or engaged in financial or funds management work 10 years above (which engaged in financial work 3 years above); (three) from abroad introduced of personnel served as financial company General Manager, and Deputy General Manager, should familiar China of economic, and financial policy and about financial regulatory legal regulations, familiar both at home and abroad financial markets operation law and features; and in international well-known transnational financial institutions or large group engaged in funds concentrated management 5 years above, or in international well-known commercial banks or investment banking practitioners 5 years above, Familiar funds plans and capital markets voted financing business, while has 3 years above served as business sector Manager or equivalent to business sector Manager above positions of experience; (four) served as financial rental company General Manager, and Deputy General Manager, should has undergraduate above degree, engaged in financial work or engaged in financing rental work 6 years above, or engaged in related economic work 10 years above (which engaged in financial work or financing rental work 3 years above); (five) served as car financial company General Manager, and Deputy General Manager, should has undergraduate above degree , Engaged in financial work 5 years above, or engaged in car production sales management work 10 years above; (six) served as currency brokers company General Manager, and Deputy General Manager, should has undergraduate above degree, engaged in financial work 10 years above, or engaged in related economic work 15 years above (which engaged in financial work 5 years above), and has 3 years above served as business sector Manager or equivalent to business sector Manager above posts of experience; (seven) served as various non-bank financial institutions financial Director (Chief Financial Officer), and Chief Accountant, and     Chief Auditor (General audit), should have a Bachelor, engaged in finance, accounting or audit work for more than 6 years; non-bank financial institutions, Assistant to the CEO, President, General Manager and Chief Operating Officer, Chief Risk Officer and Chief Technology Officer of qualifications apply mutatis mutandis to bodies managing director (Vice President) qualification criteria. 129th article application non-bank financial institutions branch institutions senior management personnel served qualification, intends any people except should meet 123th article, and 124th article of provides outside, also should respectively has following conditions: (a) served as financial company Branch Manager (Director), should has College above degree, engaged in financial work 5 years above, or engaged in financial or funds management work 9 years above (which engaged in financial work 2 years above); (ii) served as currency brokers company Branch Manager (Director),     Should has undergraduate above degree, engaged in financial work 5 years above, or engaged in related economic work 10 years above (which engaged in financial work 3 years above), and has 2 years above served as business sector Manager or equivalent to business sector Manager above posts of experience; (three) served as other non-bank financial institutions Branch Manager (Director) of served qualification conditions mutatis mutandis financial company Branch Manager (Director) of served qualification conditions implementation.     130th article intends any people not reached 127th article to 129th article provides of degree requirements, but has following conditions one of of, depending on with reached provides of degree: (a) made national education administrative competent sector recognized College grant of Bachelor above degree; (ii) made registered accountants, and registered Audit Division or and intends (now) any positions related of senior professional technology positions qualification, and related practitioners years over corresponding provides 4 years above.     Article 131th 127th to 130th failed to reached the required qualification or conditions of working years, but meet the other qualifications, non-bank financial institution considers that it is competent to post the necessary knowledge, experience and capacity, may submit applications.     132th article served as outside non-bank financial institutions China representative at Chief, should has following conditions: (a) has 3 years above of financial or related economic work experience; (ii) has University undergraduate above degree, if not has University undergraduate above degree, must corresponding increased 3 years engaged in financial or related economic work experience; (three) silver prison will provides of other carefully sex conditions. Section II qualifications for licensing 133th CBRC direct supervision of non-bank financial institutions for approval of Directors and senior management personnel qualifications, submit an application to the regulator, by the CBRC, examine and decide.     From the date of acceptance of the CBRC within 30th approve or not to approve of the written decision. Silver prison Council, and silver prison branch regulatory of trust application approved Chairman or General Manager of served qualification, to location silver prison Council submitted application, by Silver prison Council accepted and preliminary review, and silver prison will review and decided, silver prison will since received full of application material of day up 30th within made approved or not approved of written decided; silver prison Council regulatory of trust application approved Chairman, and General Manager zhiwai of Director and senior management personnel served qualification, to location silver prison Council submitted application, by Silver prison Council accepted, and review and decided,     Silver prison Council since accepted of day up 30th within made approved or not approved of written decided, and copy silver prison will; silver prison branch regulatory of trust application approved Chairman, and General Manager zhiwai of Director and senior management personnel served qualification, to location silver prison branch submitted application, by Silver prison branch accepted and preliminary review, and silver prison Council review and decided, silver prison Council since received full of application material of day up 30th within made approved or not approved of written decided, and copy silver prison will. Silver prison Council regulatory of financial company, and financial rental company, and car financial company, and currency brokers company application approved Director and senior management personnel served qualification, to location silver prison Council submitted application, by Silver prison Council accepted, and review and decided, silver prison Council since accepted of day up 30th within made approved or not approved of written decided, and copy silver prison will; silver prison branch regulatory of financial company, and financial rental company application approved Director and senior management personnel served qualification, to location silver prison branch submitted application,     Accepted by the CBRC and preliminary examination, banking regulatory Bureau reviewed and decided that the banking Board from the date of receiving the complete application documents within 30th approve or not to approve a written decision, and reported to the CBRC. Non-bank financial institution branch for approval of qualifications for senior managers, from its corporate bodies to submit applications to the CBRC branch is located, by the banking regulatory Bureau to receive, review and decision.     Banking Board from the date of acceptance of the 30th to approve or not to approve a written decision, and reported to the CBRC, copy to the location of the non-bank financial institutions, corporate bodies of CBRC.     134th of non-bank financial institution directors and qualifications for senior management approval authority and procedures of approval authority and procedures the same as non-cases. 135th representative Ofice of non-bank financial institutions outside the qualification approval, submit an application to the local banking regulatory Bureau, accepted by the banking regulatory Bureau, review and decision.     Banking Board from the date of acceptance of the 30th to approve or not to approve a written decision, and reported to the CBRC.     136th new non-bank financial institutions or their affiliates was established, the qualifications of Directors and senior management applications, opening in accordance with the Agency's licensing procedures, examine and decide together. 137th to be appointed one within the same legal entity, similar parallel adjustment positions, or moved the lower positions, do not need to reapply for qualification. Before serving the person to be appointed, should be provided to the proposed local banking regulatory Bureau or submitted by the CBRC to the outgoing audit reports or serve economic responsibility audit reports and related material.     Place of proposed banking Board or the CBRC shall serve to the original place of the CBRC or CBRC sought regulatory evaluation. Has following case one of of, intends served institutions location silver prison Council or silver prison branch should written notification intends any people and where non-bank financial institutions corporate institutions again application served qualification: (a) not in intends any people served Qian submitted outgoing audit report or economic responsibility audit report and the about served material; (ii) outgoing audit report or economic responsibility audit report conclusion not real or displayed intends any people may exists not for served as new vocational of case; (three) original served institutions location silver prison Council or silver prison branch of regulatory evaluation views displayed,     The persons to be appointed does not meet the qualifications of these measures may exist; (d) has been more than a 1-year hiatus. Seventh chapter supplementary articles article 138th permission to institutional changes approved, non-bank financial institutions and their branches shall be completed within 6 months from the date of the decision on statutory change, and to determine location of the organs and bodies of the CBRC report.     The availability of approved qualifications of Directors and senior management, to be appointed who shall within 3 months from the date of the decision formally to any, and to determine location of the organs and bodies of the CBRC report.     Is not completed within the time limit prescribed in the preceding paragraph changes or any of, the licensing file failure, up to cancellation of administrative licensing.     139th of non-bank financial institutions to establish, terminate, shall, within 1 month after completion of the statutory procedures the CBRC report and the local bodies of the CBRC.    140th herein alleged overseas including Hong Kong, Macao and Taiwan regions. 141th in this way, the "day" to working, "above" all contain the number or level.     142th article of the approach by the banking regulator is responsible for the interpretation. 143th these measures come into force on the date of promulgation.  This approach issued before the implementation of the relevant provisions is inconsistent with this approach, in accordance with these rules.

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