(December 7, 2006 the Ministry of Finance announced 42nd come into force on January 1, 2007) Chapter I General provisions article in order to strengthen financial management of financial enterprises, standardizing financial business financial behaviors, promote the establishment and improvement of financial corporate governance structure and guard against financial risk in financial enterprises, the protection of the financial business and the legitimate rights and interests of parties, maintaining social and economic order, in accordance with the relevant laws, administrative regulations and the relevant provisions of the State Council, these rules are formulated.
Article in the People's Republic of China legally established in the territory of the State-owned and State-owned financial companies, financial holding companies, guarantee companies, city commercial banks, rural commercial banks and rural cooperative banks and credit cooperatives (hereinafter referred to as the financial enterprises) these rules shall apply.
Other financial firms governed by these rules by analogy.
Third article financial enterprise should according to this rules of provides, and itself development of need, established sound internal financial management system, set financial management functions sector, equipped with professional financial management personnel, integrated using planning, and forecast, and plans, and budget, and control, and supervision, and assessment, and evaluation and analysis, method, raised funds, operating assets, control cost, distribution returns, configuration resources, reflect business status, prevention and resolve financial risk, achieved continued business and value maximize.
Part IV financial Department of the people's Governments at various levels (hereinafter referred to as the financial sector) to direct, manage and supervise the financial management of financial enterprises.
Agency of the financial Department of the people's Governments above provincial level shall, within the scope of its responsibilities to perform direct, manage and monitor financial enterprises financial management responsibilities.
After the completion of the registration of financial enterprises in the 30th, shall submit to the financial sector to set up approval certificate, business license, inspection certificate, copy of the incorporation document.
Financial companies divest, merge, branch, as well as major industrial and commercial registration is changed, in the 30th after completing business registration according to law, shall submit to the financial sector changes related to the file copy. Fifth financial enterprises should pay taxes according to law.
Financial accounting and tax laws and administrative regulations are inconsistent, when tax adjustments should be carried out according to law.
Second chapter duties, and terms sixth article financial sector perform following financial management duties: (a) supervision financial enterprise implementation this rules and other of financial management provides, guide, and urged financial enterprise established sound internal financial management system; (ii) Guide, and urged financial enterprise established sound financial risk control system, monitoring financial enterprise financial risk and operating status, supervision financial enterprise of financial behavior; (three) strengthening financial enterprise financial information management, implementation financial enterprise financial evaluation;
(D) supervision of financial firms on social auditing and asset evaluation; (v) formulated and implemented to promote the reform of financial enterprises and the development of fiscal and financial policies, organizations financial enterprise finance management training; (vi) the financial management in other duties stipulated by laws and administrative regulations. Seventh article financial enterprise of investors (following referred to investors) General through shareholders (big) will, and Board or other form of governance institutions exercise following financial management terms: (a) implementation and urged operators implementation national about financial enterprise financial management of provides; (ii) decided internal financial management system, clear operators of financial management permission; (three) decided financial management functions sector of set; (four) decided financial plans and financial budget, decided funding, and investment, and disposal major assets, and
Law provides except main guarantees business range yiwai of guarantees, and donation, and restructuring, and operators paid, and profit distribution, major financial matters; (five) on operators implementation financial supervision and financial assessment, decided appointment or dismissed financial head; (six) decided hired or dismissed hosted social audit and assets assessment, business of social intermediary institutions; (seven) according to articles of provides, exercise other financial management terms.
System specification, articles of conventions and other ways for investors to, investors in financial management of all or part of the terms granted to operators.
Financial enterprises in accordance with the regulations to its holding company appointed or recommended by the financial controller. Eighth article financial enterprise of operators (following referred to operators) according to provides exercise following financial management terms: (a) implementation national about financial enterprise financial management of provides; (ii) developed internal financial management system, by investors agreed Hou reported sibling financial sector record, and specific organization implementation; (three) Organization financial forecast, prepared financial plans and financial budget draft, implementation financial control, and analysis and assessment; (four) organization implementation funding, and investment, and disposal major assets, and guarantees, and donation, and
Restructuring and profit distribution, financial management programme; (five) Organization financial matters approval; (six) Organization paid tax, and rules fee; (seven) implementation national about workers labor paid and labour protection of provides, law paid social security fee, and housing Provident Fund,, guarantees workers lawful rights and interests of; (eight) collection financial information, Law Organization prepared and submitted financial accounting report; (nine) drew attention to the appointment or dismissed financial head; (10) tie about institutions law implementation of audit, and assessment and supervision check;
(11) in accordance with the provisions of the Constitution, as well as shareholder (large) or the request of the Board, other financial management functions.
Chapter financial risk Nineth financial enterprises shall, in accordance with the provisions of this rule, as well as the internal financial management system requirements, establish includes identifying, measuring, monitoring and controlling financial risks control system, explicit permissions to financial risk management, procedures, emergency programmes and specific measures, and financial risk should bear the responsibility of the parties, and guard against and defuse financial risks.
Article tenth financial enterprise shall set up effective mechanism of capital, maintaining business scale commensurate with the scale of capital, capital adequacy, solvency and meet the requirements of the relevant laws and regulations.
Financial enterprises engaged in commercial banking, capital adequacy ratio shall not be less than 8%, the core capital adequacy ratio may not be lower than 4%; financial companies engaged in insurance business solvency ratio shall not be less than the amount specified; financial institutions engaging in securities business, net debt to capital ratio should meet the amount specified requirements.
11th related financial enterprises shall ensure the interests of all parties, and guarantee the principle of capacity to pay, sustained operation, in accordance with the relevant provisions of laws and regulations, controlling the ratio between assets and liabilities, reserves the funds used to pay off debt in full.
Banking financial companies should be required to deposit reserve requirements, sufficient provision for payment; financial companies engaged in insurance business, the registered capital of 20% extract capital bond, paid into the Bank, except for liquidation for the satisfaction of debts, it shall not be used; financial institutions engaging in securities business, ratio of liabilities and net assets amount specified requirements should be met.
12th financial enterprises should be periodically, at least at the end of each year to evaluate the various types of assets, and the progressive realization of the dynamic evaluation, in accordance with the provisions of the risk classification, part of the recoverable amount is lower than the book value, in accordance with the relevant provisions of the State provision for asset impairment. Of provision for impairment of assets financial enterprises should be responsible for monitoring the implementation.
To be able to recover or continue to use, back or use has been lost, shall, in accordance with the procedure provided for verification; has been in charge of, accounts should be made case management.
13th financial enterprises should timely analysis of interest rate and exchange rate fluctuations in the market, expect the possibility of a risk and in accordance with the procedures provided for, the use of financial derivatives to reduce interest rate and exchange rate risks.
14th associated financial transactions, must fulfil the requirements of the program, and in accordance with the provisions of the control volume and scale, follow the principle of openness, fairness and justice, identifying and clearing price for the resources, services or obligations in a timely manner, related party transactions must not be used to manipulate profits and evade taxes.
15th financial enterprises entrust other institutions financing or engaged in other businesses, risk assessment should be carried out, enter into a written contract in accordance with law, clear business mandate and specific operating procedures, periodic reconciliations, development of specific risk prevention measures.
Financial enterprises entrust other institutions financing or engaged in other businesses, investment funds should not affect the business, accounting of revenues shall be made into the account.
16th operation enterprises entrusted with granting loans, financial derivatives, securities and futures trading, buying and selling gold, asset management, and other business should be separate from the business management, in accordance with the contract of income distribution, accountability, not to misappropriate client funds shall pass on operational risk.
Article 17th financial firms providing security should be in line with laws, administrative laws and regulations, according to a guaranteed credit and solvency, take appropriate risk control measures, and the establishment of memorandum registration, follow up in a timely manner.
Financial firms providing security outside the range's main business, should be determined by the shareholders (large) meeting or Board of Directors resolution to guarantee financial investor or actual control, should be determined by the shareholders (large) resolution.
18th financial enterprises should be according to the size of capital control the total amount of off-balance sheet business.
Financial enterprises shall, in accordance with the degree of risk on the balance sheet business is authorized and strictly in accordance with mandated, prohibited illegal operations.
Financial firms should be timely and complete record of all off-balance sheet business, tracking sheet business changes in expected losses that may occur, and in accordance with the relevant provisions of the disclosure.
Article 19th financial firms to set up branches, shall be allocated in accordance with provisions and branch management to adapt to the size of working capital, and must not exceed the prescribed limits. Financial firms should be imposed on branches of unified accounting and control funds management the financial management system.
The conditions to implement unified accounting, consolidated fund control and business unit management financial management system. Financial enterprises should strengthen the branch's financial regulation, focusing on capital movement, monitor and track and analyze branch financial indicators, urged overseas branches abide by the host country (region) the provisions on financial management for financial enterprises.
Fourth chapter fundraising 20th finance companies to raise capital should conform to state regulations on capital management, according to the development strategy and business plan development funding programmes, procedures for compliance.
Financial firms in the extent permitted by national laws, administrative regulations, and can accept monetary contributions, can also receive physical, intellectual property rights, land use rights, can use the monetary valuation of non-monetary property and can legally transfer funding, or take stock to raise capital.
Funded financial companies to accept non-monetary property, valuation should be carried out to verify the property, according to the assessment or the contract value; take to issue stock to raise capital, denominated in accordance with par. Financial firms to raise capital, should instruct accountant firm capital.
Industrial and commercial registration, should be issued investment certificates to investors.
21st financial companies to raise capital, during continuous operation, investors outside the legal transfer, shall not in any way take away.
Activities of financial firms to raise capital, investors pay a difference beyond the capital investment (including shares premium to net income), included in the capital reserve.
After resolution, as investors, capital surplus to be converted into capital.
22nd financial enterprises to loans, deposits, bonds, financial lease, to the people's bank loans and other ways to raise funds, shall conform to the relevant regulations of the State, a clear fund-raising purposes, taking into account the financial requirements and risks, signed a written contract may be supplemented, improved or disguised to raise interest rates and pay standards and should be timely adjust the debt structure, reduce financing costs. Article 23rd financial enterprises to obtain State funds such as investment, financial assistance, section the following circumstances: (a) direct investment belongs to the State, in accordance with the relevant provisions of the State increased the State capital or capital reserves, (ii) investment subsidies, increase capital reserves or capital. When State funding has provisions on ownership, according to regulations.
Not provided by all investors share; (c) belongs to the loan, special grants, as revenue processing; (d) belong to compensate for loss, salvage or other purposes, as revenue processing; (v) belongs to the Government loans, the repayment of the financing, as liabilities. Fifth chapter assets operating 24th financial enterprises should be unified management of capital accounts, specifically fund the conditions, permissions, and process scheduling.
Cooperative shall, in accordance with the internal financial management system, based on valid contracts and legal documents for registration and not to private storage private funds.
To schedule outside funding must comply with the relevant provisions of the State administration of foreign exchange, and to fulfil the corresponding approval processes.
25th financial management cash, inventory of gold and silver, deposit in the Central Bank and inter-bank payments, as well as other forms of cash assets, and liquidity requirements should be met, and total control over cash assets.
Article 26th financial shall, in accordance with the internal financial management system of enterprise financial auditing of contracts, tracking performance, specific claims, developing collection policy, timely collection of accounts receivable.
27th financial enterprises within the scope allowed by laws and regulations, by the shareholders (large) or resolution of the Board, you can use the currency foreign investment or capital goods, intellectual property valuation, land use rights, can be expressed in monetary and non-monetary property can be transferred according to law of foreign investment, but not to State-granted franchises to foreign investment.
Non-monetary property foreign investment, should be employed after the asset evaluation agencies for evaluation and assessment of value.
Foreign investment shall enter into a written contract, clear investment rights and interests, in accordance with the procedures laid down in internal financial management system of investment funds, financial budget management of the funds into, or non-operating expenses were charged to the cost is not, and the effectiveness of monitoring and evaluation of investment projects in a timely manner, implement the responsibility of policy makers and implementers of the project.
Foreign investment, shall conform to the national approval of overseas investment projects and foreign exchange control regulations.
28th financial business receipt, custody and disposal of mortgaged assets, shall, in accordance with the internal financial management system of the working procedures.
Debt assets shall be determined in accordance with regulations received prices charged to verify the property.
Custody of mortgaged assets should be in accordance with the principles of safety, integrity, effective, timely accounting treatment, periodic inspection and inventory check. Disposal of mortgaged assets shall, in accordance with the principles of openness, transparency, hiring appraisal firm appraisal. For disposal by public auction.
In other ways, should introduce a competition mechanism to choose debt asset buyer. Mortgage debenture assets shall not be converted to personal use.
By the objective circumstances need to be converted to their own use, shall perform the prescribed procedures, included in the corresponding asset management.
29th financial enterprises should be in accordance with the internal financial management system, inventory on a regular basis to verify various types of fixed assets, responsibility for implementation and management.
Acquisition or construction of major fixed assets, implementation of major technological innovation, feasibility studies should be carried out, and carry out the responsibility for decision-making and implementation. Fixed asset depreciation can be based on industry developments and technical progress requirements, combined with the economic life of fixed assets and their usage, determine the depreciation period, selected depreciation method, according to the season (month) aside. Depreciation policies, once used to no change, alteration, shall be approved by the shareholders (large) or after the resolution of the Board.
Relevant laws and administrative regulations, must disclose the reasons for the change shall be disclosed in a timely manner.
Deliveries that are not required for completion of construction projects, should be cross-referenced to fixed asset management. Financial fixed assets ' book value and book value of the project under construction and as a percentage of net assets, shall not exceed a maximum of 40% of the banking, insurance and other non-banking shall not exceed a maximum of 50%.
Otherwise provided for by the State, from its provisions.
30th financial companies agreed to create, purchase, accept investments acquired trademark rights, copyrights, intangible assets such as patents and proprietary technologies, it should be clear ownership according to law, implementation of the operation and management responsibilities.
Change ownership of intangible assets should be evaluated, and to enter into a written contract.
31st financial enterprise asset loss, loss of assets, including credit losses, investment losses, loss of fixed assets and projects under construction, shall promptly verify and ascertain responsibility, recover damages and processed in accordance with the relevant provisions of the State.
Financial firms to sell, lease, mortgage, Exchange, scrap, such as disposal of assets should be based on the provisions of the relevant laws and regulations, carry out the appropriate procedures.
Disposal of business assets, involving business or asset restructuring should be based on the development of strategic and business planning, develop business justification or asset restructuring program, compliance program implementation.
Financial enterprises foreign donation shall comply with the provisions of relevant laws and regulations, donated by clear terms and conditions to implement responsibility and strictly handle the transfer procedure of the donated assets.
Sixth chapter costs and expenses article 32nd financial enterprises should be combined with its own characteristics, in accordance with the internal financial management system, strengthen the cost budget constraints, the implementation costs total management and process control.
Financial expenditures and cost of the Enterprise shall be accounted for in accordance with the national requirements into account, shall not violate the provisions of the adjustment.
33rd article financial enterprise in business process in the occurred of and business about of spending, including the interest spending (containing discount) deduction allows capital of of part, and procedures fee spending, and Commission spending, and business payment spending, and business reparations spending, and protection (guarantees, and insurance) Fund spending, and should meter into profit and loss of various reserves and other about spending, should according to national about provides meter into Dang period profit and loss.
34th financial enterprise cost accounting should be a strict separation between the cost and the cost of next cost lines, expenditures and operating expenses of boundaries, boundaries of revenue expenditure and capital expenditure. Financial enterprise cost accounting should be quarter of (month), year calculation period.
The same calculation period, the accounting of costs and revenues the start and end dates, calculate range and diameter should be the same.
35th financial enterprises should focus on the ratio of costs and economic benefits, the implementation cost is a centralized, hierarchical management and budgetary control, determining the scope, standard and necessary expenses reimbursement procedures.
Apart from the special account established by the State, financial company fee for each independent unit of currency can establish a deposit account, in addition to taxes and extra charges, depreciation and amortization expenses, outside the reserve and bad debt losses, expenditures from the expense accounts.
Financial enterprises should strengthen expenditure restraint, and business promotion expenses, entertainment expenses, travel expenses, meeting fees, communication fees, maintenance fees, expenses and Board expenses abroad, donations, such as implementation of a key control.
Financial firms ' business promotion fees, Concierge fees, prevention costs shall be in accordance with the regulations, business hospitality expenses shall not be prepaid.
36th financial technology research and development and science and technology achievements industrialization requirements should be included in the financial budget, formation of assets should be included in the corresponding asset management.
37th financial enterprises should be in accordance with the relevant provisions of the State, as well as signing labor contracts with the workers, and approved of employee remuneration.
Financial enterprises in accordance with the relevant provisions of the laws, regulations and policies, by the shareholders (large) or resolution of the Board, the core operators, technicians and management personnel can be implemented differently from other workers compensation.
Shareholders in financial enterprises (large) or resolution of the Board, you can arrange a certain amount in the pay plan, for developing the core technology and promoting safe operations, marketing and other workers who have made outstanding contributions award. Article 38th financial enterprises in accordance with the relevant provisions of the laws, regulations and policies, for the employee's payment of the basic medical insurance, basic old-age insurance, unemployment insurance and workers ' compensation insurance and other social security costs should be included in the cost (fee).
Participating in basic medical insurance, basic old-age insurance of financial enterprises and payment in full and on time, continued profitability and ability to pay, in accordance with the relevant provisions of laws and regulations, establishment of supplementary health insurance and a supplementary old-age insurance for employees (pension) system and related expenses shall be in accordance with the relevant provisions of the State expenditures.
39th financial enterprises pay housing for the employees Provident Fund and employees ' housing monetization allocation process, in accordance with the relevant provisions of the State.
Extraction in national trade union funds, transferred to the Trade Union.
Extraction of the education expense in accordance with State regulations, education and vocational training for workers.
40th finance enterprises shall pay the administrative fees and Government funds, as well as the costs of using or occupying State-owned resources.
Financial firms have the right to refuse is not according to the laws, rules and regulations, or exceeds the scope of legal provisions, regulations and rules and standard charges. 41st financial firms paid under operating conditions necessary for commissions, fees and other expenses, shall conclude a contract, clear standards and the implementation of expenditure responsibilities.
In addition to the individual agent, but shall not be paid in cash.
The seventh chapter proceeds, assigned 42nd financial enterprises operate within the business scope of the income and other operating income, non-operating income, should be set up according to law on the accounting books in accordance with the relevant provisions of the State Unified Register, accounting, and shall keep the other units, or for any reason.
Investors, managers and other employees to perform the duty revenues, including business and other commissions, fees and other income, all belong to financial institutions, shall be accounted into account, shall not conceal, transfer, private storage private, or without authorization for employee benefits.
43rd annual losses at financial companies, pre-tax profits for the next year can be made up next year's profit before tax is not enough to make up for, you can continue year after year to make up for; extend make up the period in excess of the statutory pre-tax up period, make up for it with a profit after tax. 44th financial year net profit (deficit reduction, the same below), shall, in accordance with the statutory surplus reserve, the extraction (risk) Reserve Fund, are assigned in the order of allocation of profits to investors.
Otherwise provided for by laws and administrative regulations from its provisions.
Statutory surplus reserve in accordance with current year net profit of 10% extraction, statutory surplus reserve total registered capital of 50%, can no longer extract.
Engaged in the banking business, shall be in the end of each year in accordance with risk and extract General asset balances of a certain proportion of the loss reserves to make up for potential losses has not yet been identified; in other business shall be in accordance with the relevant provisions of the State from this year's net profit in risk reserve to compensate for risk. Undistributed profit of the year before into net profit for distribution to investors this year.
Among them, the Corporation allocated in the following order: (a) the payment of preferred stock dividends, (ii) discretionary surplus reserve; (c) the payment of common stock dividends and (iv) transfer to capital (share capital).
Capital adequacy, solvency ratios, net debt to capital ratio does not meet the standards prescribed by the relevant laws, administrative regulations, and no profits to investors.
Discretionary surplus reserve fund in accordance with the articles of incorporation or shareholders (large) resolution of extraction and use. By the shareholders (General) meeting resolutions, financial firms can use the statutory surplus accumulation Fund and discretionary surplus reserve fund to offset losses or to increase capital.
Conversion of statutory surplus reserve capital, retained by the Fund shall not be less than the increase of registered capital of a former financial 25%.
Article 45th financial enterprises in accordance with the relevant provisions of laws and regulations, by the shareholders (General) meeting resolutions, imposed on operators and core technical personnel, the core management equity incentives.
Operators and the other workers to labor, and technology, and management, elements participation returns distribution of, distribution approach should meet about legal, and regulations and policy of provides, by shareholders (big) will resolution Hou, difference following situation processing: (a) made equity of, and other investors together distribution profit; (ii) no made equity of, in related business achieved of profit limit and distribution standard within, from Dang period costs in the expenditures.
Eighth chapter reorganization and liquidation article 46th financial enterprises in accordance with the relevant legal provisions and regulations, Division, merger and other ways that you can restructure.
Restructuring should be feasibility, compliance procedures, organize property inventory, accounting firm employed to conduct asset assessment auditing, assets evaluation agencies and organizations to negotiate with their creditors and debt disposition or inheritance, equity and capital restructuring plan.
47th Division of financial enterprises shall, in accordance with principles of business relevance of asset correlation, or Division of property, liability, and after the Division of property rights.
About Division of property, based on the assessment, consultation, economic compensation given to other parties by the party owning property.
48th financial merger, should be merged to survive financial enterprises or new financial companies inheriting creditor's rights and debts of the merging parties, and clearly the combined property rights.
Consolidated net assets exceeds the portion of the registered capital of financial enterprises, as capital reserve less than part of the registered capital shall change the registered capital or funded by investors topping up.
Insolvent financial firms to take on debt consolidation, merging restructuring measures should be taken, in accordance with the merger plan to meet debt obligations.
49th finance enterprises Trusteeship, Trusteeship Management contract shall be signed, specifically managed the financial situation of the enterprise, managed business objectives, managed disposal of assets such as rights, and income distribution, and implement the financial regulatory responsibilities.
Fiduciary financial enterprises should develop relevant programmes under the Trusteeship contract, managed financial institutions, property and debt restructuring, business, placement staff.
Managed operations not agreed in the contract and has not been managed financial shareholders (large) would agree that trustees may be supplemented, reorganization, restructuring, transfer of financial enterprises managed financial firms, managed the property and business of financial enterprise may illegally transfer shall not be managed on behalf of the financial institutions or guaranty of the managed property. 50th article financial enterprise for restructuring Shi, on has occupied of State-owned allocated land should according to about provides for assessment, perform related procedures Hou, difference following situation processing: (a) continues to take allocated way of, can not into assets management, but should clear allocated land right interests, and by provides uses using, established reference books registration; (ii) take pricing shares way of, will should paid of land transfer gold turned for national capital,
Formation of State-owned shares held by State-owned capital before the reorganization of units or holder of the financial sector of the unit, (iii) transfer, from financial companies to buy land, pay transfer fees; (iv) lease, used by financial leasing, rent levels the Bank lending rate in the same period to determine, and agreed in the lease contract.
When the reorganization of financial enterprises, have already been occupied by franchises such as State-owned resources, are transferable, apply mutatis mutandis to the preceding paragraph.
51st financial restructuring process, for arrears of wages and medical and disability benefits for workers, pension costs and not paying social insurance, Housing Fund, Union funds and so on, should be based on priority of repayment of existing assets in financial enterprises.
52nd financial enterprises were ordered to close down, according to bankruptcy or termination or dissolution of the expiry of term of operation shall be in accordance with national laws, administrative regulations and provides for the liquidation of the financial regulation.
Voluntary liquidation of financial companies by the financial shareholder (large) will be performed after resolution.
Financial companies liquidate, valuation of non-monetary property.
53rd financial firm liquidation property after payment of liquidation expenses, in accordance with the relevant State laws and administrative regulations, pay off debts in the order.
Finished 54th financial liquidation, liquidation report shall be compiled, employing accounting and liquidation report and audit report to investors or a people's Court confirmed resolution to relevant departments, notification of creditors and other stakeholders.
55th article financial enterprise and workers lifted labor contract, should according to national about provides paid workers economic compensation gold, except normal business during occurred of included Dang period costs yiwai, should difference following situation processing: (a) restructuring in the occurred of, followed by never distribution profit, and surplus public product, and capital public product, and real received capital in the paid; (ii) liquidation Shi occurred of, to deduction liquidation costs Hou of liquidation property priority settlement.
56th Nineth chapter financial information financial enterprises should be on the basis of computerized accounting, integrated business and information processes, the implementation of financial management information, all at once and gradually achieve financial and business-related information sharing in real time.
57th financial enterprises should be in accordance with the relevant provisions of laws and administrative regulations, as well as the Ministry of Finance of uniform requirements for the preparation of interim financial and accounting reports and annual financial reports, and internal audit, within the prescribed period to the financial sector and other financial-related user submitted, and may not refuse or delay the disclosure of financial information.
Article 58th financial companies to submit annual financial report shall be audited by an accounting firm.
Shall be provided for financial enterprises and providing false financial information or concealing important facts.
Head of financial firms responsible for the truthfulness and completeness of the financial information of the enterprise. 59th of financial departments shall establish a sound financial business finance evaluation system of financial capital adequacy, solvency, asset quality, profitability and social contributions were evaluated.
Evaluation results as a financial enterprise financial management policies and the basis of assessment-related financial firms. Financial firms should be requested by the financial evaluation system, summary of the financial position and operating results, evaluation and assessment.
60th financial sector and its staff shall carry out the duty of confidentiality, care, legal custody, using financial information from financial enterprises, unpublished financial information must not be used for personal benefit or harm the interests of financial companies. Tenth chapter penalty is 61st article financial enterprise has following case one of of, by financial sector ordered deadline corrected, or be informed criticism: (a) not by provides submitted established, and change file of; (ii) financial risk control not reached provides requirements of; (three) raised and using funds not meet provides requirements of; (four) not by provides opened and management funds account of; (five) assets management not meet provides, formed account outside assets of; (six) not by provides expenditures business cost, and costs of; (seven) not by provides confirmed
Business returns of; (eight) not by provides meter mention reduction value prepared, and aside reserves, and distribution profit of; (nine) not by provides processing financial, and State-owned resources of; (10) not by provides order settlement debt, and processing property of; (11) not by provides processing workers social security fee, and economic compensation gold of; (12) other violation financial enterprise financial management about provides of.
62nd article financial enterprise has following case one of of, by financial sector ordered deadline corrected, and on financial enterprise and head and other directly responsibility personnel give warning: (a) not according to provides established internal financial management system of; (ii) internal financial management system obviously and national legal, and regulations and unified of financial management regulations phase conflict, and not by financial sector requirements modified of; (three) not according to provides provides financial information of; (four) refused to, and resistance rejection law implementation of financial supervision of.
63rd financial enterprises that violate the rule, otherwise provided in the relevant laws and regulations, in accordance with the provisions and penalties.
The law implementation supervision of the financial sector, matters do not fall within the responsibilities of departments, it shall be transferred to the relevant administrative departments.
64th staff in the performance of the financial sector in the financial management responsibilities of abuse, negligence, malpractice, or of divulging State secrets, business secrets and dealt with according to law.
11th chapter by-laws article 65th of all provinces, autonomous regions, municipalities, separately listed cities, financial departments according to the other provisions of these rules and the Ministry of finance, financial enterprises in the region, formulate specific implementing measures, reported the Ministry of finance for the record.
66th article this rules since January 1, 2007 up purposes, financial insurance enterprise financial system ((93) fiscal business word 11th,), and insurance company financial system (fiscal debt word 8,), and securities company financial system (fiscal debt word 215,), and financial assets management company financial system (pilot) (fiscal gold 17,) while abolition.