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

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

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(January 12, 2006 Bank of China industry supervision Management Committee makes 2006 2nd, announced since February 1, 2006 up purposes) first chapter General first article for specification China banking supervision Management Committee (following referred to silver prison will) and sent institutions implementation in the funding commercial banks 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     And the People's Republic of China commercial bank law and other laws and administrative regulations and the relevant decisions of the State Council, these measures are formulated.     Article in Chinese commercial banks in these measures include State-owned commercial banks, joint-stock commercial banks, city commercial banks and urban credit cooperative corporation.     Article CBRC and its local agencies in accordance with this approach and the China Banking Regulatory Commission for the implementation of administrative licensing procedures regulation, on the implementation of administrative licensing in Chinese commercial banks.     Fourth Chinese Commercial Bank to the following matters shall be licensed by the CBRC and its local agencies: institutions, institutional change, termination, adjusting the scope of business and increasing business varieties, qualifications of Directors and senior management, and so on.     Applicants shall, in accordance with section v of the China Banking Regulatory Commission on administrative licensing matters application directory and format requirements for submitting application materials. Second chapter institutions established first section joint-stock commercial banks corporate institutions established sixth article established joint-stock commercial banks corporate institutions should meet following conditions: (a) has meet People's Republic of China company law and People's Republic of China commercial banks method provides of articles; (ii) registered capital for real paid capital, minimum limit for 1 billion Yuan Yuan or equivalent can exchange currency; (three) has meet served qualification conditions of Director, and senior management personnel and familiar Bank business of qualified practitioners; (four) has sound of group     Weave structure and management systems; (e) commensurate with the business of the business premises, safety measures and other facilities.     Seventh article established joint-stock commercial banks corporate institutions, also should meet other carefully sex conditions, at least including: (a) has good of company governance structure; (ii) has sound of risk management system, can effective control associated trading risk; (three) local Government not to bank investment shares, not intervention Bank of daily business; (four) sponsors shareholders in the should including qualified of outside strategy investors; (five) has science effective of human resources management system, has high quality of professional talent;     (F) effective complementary mechanism of capital control and capital; (VII) can help resolve the existing financial institutions, to promote financial stability.     Established by article eighth joint-stock commercial banks should have a qualified sponsor, sponsors include: domestic financial institutions and foreign financial institutions, domestic non-financial institutions and other sponsors approved by the CBRC.     Overseas financial institutions referred to in the preceding paragraph include Hong Kong, Macao and Taiwan region's financial institutions.     Nineth article territory financial institutions as joint-stock commercial banks corporate institutions of sponsors, should meet following conditions: (a) commercial banks capital sufficient rate not below 8%, non-bank financial institutions capital total not below weighted risk assets total of 10%; (ii) interests sex investment balance in principle not over its net worth of 50% (merged statements caliber); (three) recently 3 a fiscal year continuous profit; (four) company governance good, internal control sound effective;     (E) the main prudential measures comply with the regulatory requirements, and (vi) other prudent requirements as specified by the CBRC. Tenth Article outside financial institutions as joint-stock commercial banks corporate institutions of sponsors or strategy investors, should meet following conditions: (a) recently 1 years end total assets in principle not less than 10 billion dollars; (ii) silver prison will recognized of international rating institutions recently 2 years on its long-term credit rating for good; (three) recently 2 a fiscal year continuous profit; (four) commercial banks capital sufficient rate should reached its registered to banking capital sufficient rate average level and not below 8%     Non bank financial institution not less than 10% of total risk-weighted assets capital total; (e) a sound and effective internal control; (vi) registered financial institution supervision and management systems; (g) the host country (regional) economy is in good condition, and (VIII) other prudent requirements as specified by the CBRC.     Foreign financial institutions as sponsors or strategy should wake up investors ' shares of joint-stock commercial bank followed the loyalty, optimize governance and business cooperation, the principle of competition is avoided.     The CBRC according to financial risks and regulatory needs, you can adjust the conditions of overseas financial institutions in the preceding paragraph as a sponsor.     11th a single foreign financial institution as sponsor strategic investors or banks to a single equity investment proportion shall not exceed 20%, more overseas financial institutions as sponsors or strategic investor invest in total shall not exceed 25%. Equity investment proportion is referred to in the preceding paragraph refer to Chinese commercial bank shares held by financial institutions in percentage of total shares.     Related-party holdings overseas financial institutions and overseas financial institutions combined.     12th article territory non-financial institutions as joint-stock commercial banks corporate institutions sponsors, should meet 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, can regular full reimbursement financial institutions of loan principal and interest; (four) has more long of development period and stable of business status;     (Five) has strong of business management capacity and funds strength; (six) financial status good, recently 3 a fiscal year continuous profit; (seven) year-end distribution Hou, net worth reached all assets of 30% (merged statements caliber); (eight) except State provides of investment company and holding company outside, interests sex investment balance in principle not over this enterprise net worth of 50% (merged statements caliber); (nine) shares sources real legal; (10) silver prison will provides of other carefully sex conditions.     13th article has following case one of of enterprise shall not as joint-stock commercial banks corporate institutions of sponsors: (a) company governance structure and mechanism exists obviously defects; (ii) associated Enterprise many, and equity relationship complex and not transparent, and associated trading frequently and exception; (three) core main not highlight and its business range involved industry too much; (four) cash flow fluctuations by economic boom effect larger; (five) assets liabilities rate, and financial lever rate above industry average level;     (Vi) other significant adverse effects on the banking situation.     14th joint-stock commercial bank corporate bodies shall cover the establishment and opened in two stages. 15th joint-stock commercial bank corporate planning, should be jointly submitted to the CBRC by the sponsors to build applications, accepted by the CBRC, review and decision.     The CBRC within 4 months from the date of acceptance of approval or disapproval of a written decision. 16th joint-stock commercial bank corporate Establishment for a period of 6 months from the date of the approval decision. Fails to build, and the Agency establishment team should prepare 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 decision.     Build an extension for a maximum period of 3 months.     The Agency establishment team should be submitted before the expiry of the period prescribed in the preceding paragraph, apply for business commencement is overdue, failure of planning approval documents, handled by the authorities to build license cancellation. 17th opening of joint-stock commercial bank Corporation to the application should be submitted to the CBRC, accepted by the CBRC, review and decision.     The CBRC made within 2 months from the date of the acceptance approval or determinations are not approved.     Article 18th joint-stock commercial bank Corporation shall upon receipt of the file and receive a financial license approved by the open, to register with the Administrative Department for industry and commerce to obtain business licenses. Joint-Stock Commercial Bank Corporation since the date of business license should be within 6 months of opening. Failed to open on schedule, the Agency should be opened before the expiration of 1 month application for extension of business commencement to the China Banking Regulatory Commission. Banking Regulatory Commission from the date of receipt of the written request made within 20th whether to approve the extension decision.     Opened an extension for a maximum period of 3 months.     Joint-Stock Commercial Bank Corporation is not opened within the period prescribed in the preceding paragraph, the opening authorization failure, up to authorities for opening license cancellation procedures to recover its financial licenses, and make an announcement.     Second section city commercial banks corporate institutions established 19th article city commercial banks should established in to level above city, and meet following conditions: (a) has meet People's Republic of China company law and People's Republic of China commercial banks method provides of articles; (ii) registered capital not below 100 million Yuan Yuan, and for real paid capital; capital sufficient rate not below 8%, core capital sufficient rate not below 4%; (three) bad loan proportion not above 10%;     (D) meet the qualifications of senior managers and practitioners familiar with banking business; (e) a sound and effective corporate governance and internal control (vi) commensurate with the business of the business premises, safety measures and other facilities.    20th article established city commercial banks corporate institutions of applicants should is merged restructuring Hou of City Credit Union Corporation, and meet following conditions: (a) capital sufficient rate not below 6%, core capital sufficient rate not below 3%; (ii) bad loan proportion not above 15%, assets total not below 1.5 billion Yuan Yuan; (three) has good of company governance structure; (four) risk management and internal control sound effective, recently 2 years not occurred cases; (E) has a good financial position and strong profitability, and by historical cumulative operating losses, first reverse the urban credit cooperative of shareholders ' rights, the shortfall in cash from shareholders or local governments make up, per capita assets should be at least 6 million Yuan (should be at least 5 million yuan in underdeveloped areas),     Proposed application Qian a end of assets costs rate General should not above 1.35%, assets margins General should not below 0.2%, capital margins General should not below 8% (profit of calculation to full extraction when various loan of loss prepared for premise), interest recovery at least should reached 80% above; (six) liquidity proportion, and save loan proportion and prepared pay gold proportion, the index are meet about regulatory requirements; (seven) by provides mention foot loss reserves. Article 21st city commercial banks should have qualified sponsors, the sponsors include: domestic financial institutions and non-financial institutions, overseas financial institutions and other sponsors approved by the CBRC.     Sponsors shall comply with the measures Nineth and tenth, 11th, 12th, 13th, the conditions laid down.     22nd city commercial bank corporate bodies shall cover the establishment and opened in two stages. Article 23rd city commercial bank's corporate planning application, accepted by the seat of city commercial bank banking Board to be established and preliminary examination, Banking Regulatory Commission review and decision.     Since the CBRC within 4 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing. 24th city commercial bank's corporate Establishment for a period of 6 months from the date of the approval decision. Fails to build, and the Agency establishment team should prepare before the expiration of 1 month submit to the banking Board to build the extension application, banking Board from the date of receipt of the written request made within 20th whether to approve the extension decision.     Build an extension for a maximum period of 3 months.     The Agency establishment team should be submitted before the expiry of the period prescribed in the preceding paragraph, apply for business commencement is overdue, failure of planning approval documents, handled by the authorities to build license cancellation. 25th city commercial bank corporate applications for approval should be submitted to the local banking regulatory Bureau, the local banking regulatory Bureau accepted and decided.     Banking Board acceptance within 2 months from the date of approval or determinations are not approved, copy to the CBRC.     Article 26th city Commercial Bank Corporation shall upon receipt of the file and receive a financial license approved by the open, to register with the Administrative Department for industry and commerce to obtain business licenses. City commercial bank's corporate bodies shall be from the date of business license within 6 months of opening. Failed to open on schedule, the applicant should be opened before the expiration of 1 month to the China Banking Regulatory Commission proposed opening the extension application. Banking Board from the date of receipt of the written request made within 20th whether to approve the extension decision.     Opened an extension for a maximum period of 3 months.     City commercial bank's corporate bodies are not within the time stipulated in the opening, the original opening authorization failure, up to authorities for opening license cancellation procedures to recover its financial licenses, and make an announcement. Corporation of urban credit cooperatives established in section III article 27th City Credit Union company limited established, after reorganization, it refers in the same city more than or on an urban credit cooperatives on a voluntary basis, in accordance with the People's Republic of China corporation established by the merger of absorbing public deposits, making loans and settlement business enterprise.     The enterprise is a limited form of local banking institutions. 28th article established City Credit Union Corporation should meet following conditions: (a) has meet People's Republic of China company law and People's Republic of China commercial banks method provides of articles; (ii) registered capital many Yu 50 million Yuan Yuan, and for real paid capital; capital sufficient rate not below 8%, core capital sufficient rate not below 4%; (three) bad loan proportion not above 15%; (four) has meet served qualification conditions of senior management personnel and familiar Bank business of qualified practitioners     (V) have a sound organizational structure and 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. Article 29th participated in the establishment of urban credit cooperatives calculating all urban credit cooperatives in the consolidated financial statements of the Corporation shall comply with the following conditions: (a) the capital adequacy ratio of not less than 6%, the core capital adequacy ratio of not less than 3% (ii) asset quality better, bad loans ratio does not exceed 18% (iii) profit in good condition, assets should be no less than 5 million yuan per capita,     Year prior to the application of the assets shall not be less than 0.2%, return on capital should not be less than 4%, asset expense ratio generally should not exceed 1.4% (iv) liquidity is in good condition, the liquidity ratio, the proportion of deposits and loans and the reserve ratio and other indicators, which meets the regulatory requirements.     The urban credit cooperatives should also conform to other prudent requirements as specified by the CBRC.     Article 30th participated in the establishment of urban credit cooperative limited liability company shareholders of urban credit cooperatives as a sponsor of the urban credit cooperative corporation. Urban credit cooperatives established limited liability company may be drawn into domestic financial institutions and non-financial institutions, overseas financial institutions and other sponsors approved by the CBRC as the initiator.     Sponsor must comply with the above article Nineth and tenth, 11th, 12th, 13th, the conditions laid down, but overseas financial institutions last 1 year total assets of not less than US $ 1 billion in principle.     31st city credit cooperative corporation shall cover the establishment and opened in two stages. 32nd Corporation of urban credit cooperatives to build applications, the local banking regulatory Bureau accepts and preliminary examination, Banking Regulatory Commission review and decision. Banking Board shall provide the proposed urban credit cooperative corporation is located the CBRC to seek opinions.     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 33rd city credit cooperative corporation's lead for a period of 6 months from the date of the approval decision. Fails to build, and the Agency establishment team should prepare before the expiration of 1 month extension request to the banking Board, banking Board from the date of receipt of the written request made within 20th whether to approve the extension decision.     Build an extension for a maximum period of 3 months.     The Agency establishment team should be submitted before the expiry of the period prescribed in the preceding paragraph, apply for business commencement is overdue, failure of planning approval documents, handled by the authorities to build license cancellation. 34th City Credit Union limited open to the application should be submitted to the local banking regulatory Bureau, accepted by the banking regulatory Bureau and decision.     Banking Board acceptance within 2 months from the date of approval or determinations are not approved, copy to the CBRC local CBRC.     35th city credit cooperative corporation shall upon receipt of the file and receive a financial license approved by the open, to register with the Administrative Department for industry and commerce to obtain business licenses. City credit cooperative corporation shall, within 6 months from the date on which the business license business. Failed to open on schedule, the applicant should be opened before the expiration of 1 month to the China Banking Regulatory Commission proposed opening the extension application. Banking Board from the date of receipt of the application within 20th whether to approve the extension decision.     Opened an extension for a maximum period of 3 months.     Urban credit cooperatives opened Corporation within the prescribed period, the original opening authorization failure, up to authorities for opening license cancellation procedures to recover its financial licenses, and make an announcement.     Domestic branch established the fourth section 36th in Chinese commercial banks to set up branches including branches, branch-level exclusive agency, branch, self-service banking facilities. 37th article State-owned commercial banks and joint-stock commercial banks application established branch, applicants should meet following conditions: (a) has good of company governance structure; (ii) risk management and internal control sound effective; (three) has effective of management information system; (four) capital sufficient rate, and bad assets proportion, and profit capacity, important regulatory index meet regulatory requirements; (five) has allocated operating funds of capacity: allocated operating funds not less than 100 million Yuan Yuan or equivalent free exchange currency,     Total operating funding allocated branches no more than 60% of the net assets of the applicant; (vi) within the last 2 years and no major cases of serious violation of Act; (VII) risk rating results, and (VIII) other prudent requirements as specified by the CBRC.     38th article State-owned commercial banks and joint-stock commercial banks application established bank card Center, and notes Center, and funds operating Center, branch level franchise institutions, applicants should meet following conditions: (a) franchise business business reform meet the items business of development direction; (ii) franchise business business reform meet its head office of general strategy and development planning, conducive to improve overall competition capacity; (three) company governance good, internal control sound effective, main carefully regulatory index meet silver prison will regulatory requirements;     (Four) opened franchise business 2 years above, franchise business has must scale, accumulated has must experience; (five) franchise business assets quality, and profit capacity, index reached good level; (six) has security, and perfect of business processing system or technology support system; (seven) has sound effective of internal control, and risk management and asked accountability system; (eight) has allocated operating funds of capacity; (nine) silver prison will provides of other carefully sex conditions.     39th established branch offices in the territory subject to the construction and commissioning phases. 40th State-owned commercial banks and joint-stock commercial bank branches to build applications from their headquarters to be established banking regulatory Bureau submitted, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision.     Since the CBRC within 4 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing. Branch-level exclusive agency planning applications submitted by its head office to the China Banking Regulatory Commission, accepted by the CBRC, review and decision.     The CBRC within 4 months from the date of acceptance of approval or disapproval of a written decision. 41st Branch, branch-level exclusive agency preparing for a period of 6 months from the date of the approval decision. Fails to build, their headquarters should be under construction before the expiration of 1 month apply to the planning agency submitted the extension application, planning applications from the date of receipt of a written request made within 20th whether to approve the extension decision.     Build an extension for a maximum period of 3 months.     Applicants should submit applications for approval before the expiry of the period prescribed in the preceding paragraph, overdue, failure of planning approval documents, handled by the authorities to build license cancellation. 42nd branch opened to the application should be submitted to the banking Board to be established and accepted by the banking regulatory Bureau, review and decision.     Banking Board acceptance within 2 months from the date of approval or determinations are not approved. Opening of branch-level exclusive agency applications should be submitted to the China Banking Regulatory Commission, accepted by the CBRC, review and decision.     The CBRC within 2 months from the date of receipt of application materials to approve or not to approve of the written decision.     Opening branches and branch-level exclusive agency shall comply with the following conditions: (a) in full, working capital in place, (b) meet the qualifications of senior managers and qualified staff familiar with banking operations; (c) commensurate with the business of the business premises, safety measures and other facilities, (d) and business development organizations, and rules and regulations.     Article 43rd branches and branch-level exclusive agency shall upon receipt of the file and receive a financial license approved by the open, to register with the Administrative Department for industry and commerce to obtain business licenses. Branches and branch-level exclusive agency shall, within 6 months from the date on which the business license business, fails to open, the applicant should be opened before the expiration of 1 month opened an extension to the open applications within applications. Opened applications from the date of receipt of the application within 20th whether to approve the extension decision.     Opened an extension for a maximum period of 3 months.     Branches and branch-level exclusive agency has opened within the period prescribed in the preceding paragraph, the original opening authorization failure, up to authorities for opening license cancellation procedures to recover its financial licenses, and make an announcement.     44th article in the funding commercial banks established branch should meet following conditions: (a) in intends set to same to level or to level above city has branch, and depending on with branch management of institutions or branch above institutions and official business 1 years above, assets quality good; (ii) intends set to has established institutions has strong of internal control capacity, recently 1 years no major illegal violations behavior and for internal management chaos led to of major case;     (Three) has allocated operating funds of capacity: Shang level jurisdiction line allocated operating funds shall not below Yuan 10 million Yuan or equivalent of free exchange currency; allocated to branch of operating funds cumulative shall not over allocated line capital net amount or operating funds of 60%; (four) has established on senior management personnel assessment, and supervision, and authorized and adjustment of system and mechanism, and has enough of professional business management talent; (five) silver prison will provides of other carefully sex conditions.     Article 45th branch is subject to build and opened in two stages. Article 46th in Chinese commercial banks in one city can only apply for the establishment of 1 branch.     In the application of the different construction approval or approval of the opening, applicants may reapply. 47th in Chinese commercial banks to build branch by branch or assimilated to submit applications for the management of the branch, by the CBRC local city or state banking regulatory Bureau, where accepted, the banking regulatory Board for review and decision.     The banking Board from receipt of complete application materials directly within 4 months from the date of acceptance or approval or disapproval of a written decision. 48th branch establishment for a period of 6 months from the date of the approval decision. Fails to build, the applicant shall, before the expiry of the period for the provision of 1 month extension request submitted to the lead agency, lead agency on the date of receipt of the written request made within 20th whether to approve the extension decision.     Build an extension for a maximum period of 3 months.     Chinese commercial bank branch shall be submitted prior to the expiry of the period prescribed in the preceding paragraph, apply for business commencement is overdue, failure of planning approval documents, handled by the authorities to build license cancellation. 49th branch opened to the application should be submitted to the lead agency, accepted by the lead agency, review and decision.     Build acceptance within 2 months from the date of acceptance by the authorities approve or not to approve of the written decision.     Opening branch institutions must comply with the following conditions: (a) in full, working capital in place, (b) meet the qualifications of senior managers and qualified staff familiar with banking operations; (c) commensurate with the business of the business premises, safety measures and other facilities.     50th branch shall upon receipt of the file and receive a financial license approved by the open, to register with the Administrative Department for industry and commerce to obtain business licenses. Branch should be since the date of business license within 6 months of opening. Failed to open on schedule, applicants should be opened before the expiration of 1 month opened an extension application to open applications. Business applications from the date of receipt of the written request made within 20th whether to approve the extension decision.     Opened an extension for a maximum period of 3 months.     Opened branch within the specified period, the original opening authorization failure, up to authorities for opening license cancellation procedures to recover its financial licenses, and make an announcement.     51st self-service banking refers to the commercial banks outside their place of establishment, an independent business premises, provides deposit, loans, transfers, currency exchange and financial services functions such as query unmanned outlets, but placed in shopping malls, hotels, enterprises and other buildings only withdrawals, transfers, queries, except for ATM services.     Commercial banks established self Bank, should meet following conditions: (a) in intends set to has branch, and depending on with branch management of institutions or branch above institutions, assets quality good; (ii) in intends set to has established of institutions has strong of internal control capacity, recently 1 years no major illegal violations behavior and for internal management chaos led to of major case; (three) has and business business phase adapted of business places, and security prevention measures and other facilities; (four) silver prison will provides of other carefully sex conditions. 52nd in Chinese commercial banks in one city can only apply for the establishment of a maximum 3 ATM.     Where the application does not agree to the establishment of the approval or the approval of the establishment, applicant may reapply. 53rd in Chinese commercial banks to set up self-service banking applications by the CBRC local city or state banking regulatory Bureau, where accepted, the banking regulatory Board for review and decision.     The banking Board from receipt of complete application materials directly within 3 months from the date of acceptance or approval or disapproval of a written decision. 54th self-service banking opening shall, within 3 months from the date of approval. Failed to open on schedule, the applicant should be made before the expiry of 1 month apply to the Agency for renewal, the Agency from the date of receipt of the application within 15th decision on whether granting an extension.     Extension of the maximum period of 3 months.     Self-service banking is not opened within the period prescribed in the preceding paragraph, the original approval establishment document expiration, cancellation procedures established by the decision authority license.     Buffet after the Bank opened, commercial banks should be promptly reported to the regulator of the Bank operations, internal control management and facilities, and so on.     55th article in the funding commercial banks acquisition other banking financial institutions established branch institutions of, should meet following conditions: (a) main regulatory index should reached regulatory requirements, mention foot reserves Hou has operating funds allocated capacity; (ii) acquisition party authorized implementation acquisition task of branch business status good, internal control sound effective, legal collection rules business; (three) according to market and voluntary principles acquisition;     (D) the joint-stock commercial banks in principle only in the acquisition of small and medium financial institutions to set up branches within the prefecture-level city; (v) acquisitions of local trust and investment companies, asset quality should be better, smaller and (vi) other prudent requirements as specified by the CBRC. 56th Chinese commercial banks to acquire urban credit cooperatives, should be clear in the agreement signed with the local government, funds can only be used to pay off the debt by acquire urban credit cooperatives.     Meanwhile, the Government should issue a letter of commitment, commitment is solely responsible for this urban credit cooperatives in the region have been ordered to stop market exit of urban credit cooperatives, and ensure that acquisition of the urban credit cooperatives to achieve full market withdrawal, without any problems.     To borrow from local governments to the Central Government and have the ordered phase of urban credit cooperatives, the risk was under control, in principle, into the scope of acquisitions. 57th in Chinese commercial banks to buy other banks and financial institutions to set up branches, shall, through acquisitions and the opening two stages.     Opening acquisition approval and approval of programs with the Chinese commercial banks to set up branches or sub-branches of planning approval and opening of procedures approved by the.     Purchase small and medium financial institutions and set up offices in the prefecture-level city, branch should be set up. 58th Corporation according to the business development needs of urban credit cooperatives, established branches in the city.     Subject to the construction and opening of the urban credit cooperatives established branch in two stages. 59th seat of the Corporation Bureau of urban credit cooperatives to build by the CBRC accepted and preliminary examination, the banking regulatory Board for review and decision. Establishment of the Corporation Bureau of urban credit cooperatives, shall be allocated in accordance with provisions and its business to adapt to the size of the working capital. Allocated the sum of operating funds, shall not exceed the net value of capital 60%.     Its preparation and the opening of other conditions and procedures in the light of relevant provisions of the Chinese commercial bank branches which opened formation and implementation.    Fifth section outside institutions established 60th article in the funding commercial banks application established, and shares, and acquisition outside institutions, applicants should meet following conditions: (a) capital sufficient rate not below 8%; (ii) interests sex investment balance in principle not over its net worth of 50% (merged statements caliber); (three) recently 3 a fiscal year continuous profit; (four) application Qian 1 end assets balance reached 100 billion Yuan Yuan above; (five) has legal full of Exchange funds source; (F) good corporate governance, sound and effective internal control; (g) the main prudential measures comply with the regulatory requirements, and (VIII) other prudent requirements as specified by the CBRC.     Chinese commercial banks to foreign institutions in these measures refers to Chinese Commercial Bank's overseas branches, wholly-owned subsidiary or holding financial institutions and representative bodies. 61st State-owned commercial banks and joint-stock commercial bank applying for establishing a foreign institution by the CBRC, examine and decide.     The CBRC within 6 months from date of acceptance to approve or disapprove the decision in writing. City commercial bank applying for establishing a foreign institution and accepted by the banking regulatory Bureau, where preliminary examination, 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.     Section I of chapter III institutional changes institutional change 62nd institutional changes include: change of name, change of ownership, change of its registered capital, amend the Constitution, change residence, change form, this Division, the new Division, merger or consolidation.     63rd State-owned commercial banks, joint-stock commercial bank Corporation changes its name by the CBRC, examine and decide; city commercial banks, urban credit cooperative corporation, urban credit cooperatives incorporated changed name accepted by the banking regulatory Bureau, where the initial review, the China Banking Regulatory Commission review and decision.     64th in Chinese commercial banks ownership changes, the shareholders ' qualifications with the Nineth, tenth, 11th, 12th, 13th under new conditions of corporate sponsor shares of joint-stock commercial banks, but foreign financial institutions to invest in urban credit cooperative corporation, its recent 1 year total assets of not less than US $ 1 billion in principle.     Change of State-owned commercial banks, joint-stock commercial banks hold capital or shares 5% per cent of total shareholders requested change, invest in overseas financial institutions applying for by the CBRC, examine and decide. Limited change of city commercial banks, urban credit cooperatives held total capital or shares shareholders total more than 5% and 10% application, commercial banks, urban credit cooperatives by the City Corporation where banking regulatory Bureau, examine and decide. City commercial banks, urban credit cooperatives outside the province in which the registered enterprises of city commercial banks, urban credit cooperatives limited company shareholding modification applications and limited change of city commercial banks, urban credit cooperatives held total capital or shares 10% per cent of total shareholder application, commercial banks, urban credit cooperatives by the city seat of the Corporation Commission Office, China Banking Regulatory Commission review and decision.     Foreign financial institutions to invest in urban commercial banks, urban credit cooperatives limited application, accepted by the CBRC, review and decision.     When investors buying stakes in Chinese banks, according to the commercial banks and insiders and shareholder relevant provisions of management measures of connected transactions, complete and truthfully disclose the relationship.     Banks which changes its registered capital in the 65th, the shareholder shall be consistent with this article Nineth and tenth, 11th, 12th and 13th of the conditions laid down in article, but foreign financial institutions as shareholders of the Corporation of urban credit cooperatives, its recent 1 year total assets of not less than US $ 1 billion in principle.     Changes its registered capital of State-owned commercial banks, joint-stock commercial bank, decided by the CBRC, examine and City Corporation changes its registered capital of commercial banks, urban credit cooperatives, the local banking regulatory Bureau to receive, review and make decisions involving foreign financial institutions to invest in, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision. Chinese commercial banks raise new shares through a rights issue or change of the registered capital, in front of the change of its registered capital, should also raise new shares through a rights issue or programme approval.     Programme approval, examine and decide the program specified in the previous paragraph. 66th in Chinese commercial banks in overseas public offering and listing of shares, shall comply with the requirements relating to the State Council and the China Securities Regulatory Commission.     Prior to application to the China Securities Regulatory Commission, shall apply to the China Banking Regulatory Commission and approved.     State-owned commercial banks, joint-stock commercial bank's overseas initial public offering and listing of shares, by the CBRC, examine and decide; city commercial bank issued shares and listed overseas, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision.     67th in State-owned commercial banks, joint-stock commercial banks to amend the Constitution, by the CBRC, examine and decide; limited change of city commercial banks, urban credit cooperatives the articles of incorporation, by the banking regulatory Bureau to receive, review and decision.     68th Chinese Commercial Bank changes its domicile, should be consistent with the business development business premises, safety measures and other facilities.     State-owned commercial banks, joint-stock commercial bank changes its domicile, by the CBRC, examine and decide; company limited and the city of city commercial banks, urban credit cooperatives Credit Union changes its domicile, by the banking regulatory Bureau to receive, review and decision.     69th in Chinese commercial banks change form, change of urban credit cooperatives for the city credit cooperative corporation shall comply with the People's Republic of China law, and of the People's Republic of China on commercial banks and other legal provisions, administrative regulations and rules. State-owned commercial banks into joint-stock commercial bank, shall comply with the conditions of the establishment of joint-stock commercial banks, shareholders ' equity investment conditions.     From the State-owned commercial banks to submit applications to the China Banking Regulatory Commission, accepted by the CBRC, review and decision.     Change of State-owned commercial banks, joint-stock commercial bank organization, accepted by the CBRC, review and make decisions; limited change of city commercial banks, urban credit cooperatives organization, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision.     Change of urban credit cooperatives for the City Credit Union limited, the local banking regulatory Bureau accepts and preliminary examination, Banking Regulatory Commission review and decision.     70th Division of Chinese commercial banks, should be consistent with the People's Republic of China company law, the People's Republic of China on commercial banks, as well as other provisions of laws and administrative rules and regulations.     Separation of State-owned commercial banks, joint-stock commercial bank, decided by the CBRC, examine and city commercial banks, urban credit cooperatives Corporation Division by the Banking Commissioner's Office and the seat of preliminary examination, Banking Regulatory Commission review and decision.     Separation of existence, after the expiry of the notice in the Division, neither party shall be in accordance with the changes of the conditions and procedure for the adoption of an administrative license; the new party should be opened in accordance with legal conditions and procedures via administrative permission.     The new Division, after the expiry of the notice in the Division, the new party should be opened in accordance with legal conditions and procedures by administrative license; original Corporation should be dissolved in accordance with legal conditions and procedures via administrative permission.     Banks merge in the 71st, and should be consistent with the People's Republic of China company law, the People's Republic of China on commercial banks, as well as the provisions of other laws, rules and regulations.     Merging State-owned commercial banks, joint-stock commercial bank, by the CBRC, examine and decide; others merge the local banking regulatory Commission Office and preliminary examination, Banking Regulatory Commission review and decision. Merger, merger announcements after the expiration, merged party shall change the conditions and procedure for the adoption of an administrative license; by the merger shall be terminated in accordance with legal conditions and procedures via administrative permission.     Was merged into branch offices should be opened in accordance with branch conditions and procedure for the adoption of an administrative license.     Merger by new establishment, merger announcements after the expiry, the new party should be opened in accordance with legal conditions and procedures by administrative license; original Corporation should be dissolved in accordance with legal conditions and procedures via administrative permission.     72nd article this section changes, lower regulatory authority to accept, by the regulatory authority decided, by the regulatory authority within 3 months from the date of receipt of the complete application materials approved or not approved by written decision accepted, reviewed and decided by the same regulatory authorities, within 3 months from the date of the acceptance to approve or disapprove the decision in writing.     Section II domestic branches change 73rd Chinese commercial bank branches in the territory change include branch, branch-level exclusive agency branches, sub-branches, Bank, ATM and other changes name, institutional upgrading, downgrading, change of business premises, temporarily out of business.     74th city-funded commercial banks of CBRC branch name change by the CBRC, examine and decide; seat of the CBRC local branches of Chinese commercial banks change names by the CBRC, examine and decide.     75th article in the funding commercial banks branch upgraded for branch, should meet following conditions: (a) Head Office internal control and risk management sound effective; (ii) Head Office allocated operating funds full in place; (three) intends upgraded branch continuous 2 years profit; (four) intends upgraded branch internal control sound effective, continuous 2 years no major case and serious illegal violations behavior; (five) intends upgraded branch has meet served qualification conditions of senior management personnel and familiar Bank business of qualified practitioners;     (F) commensurate with the business of the business premises, safety measures and other facilities, and (VII) other prudent requirements as required by the CBRC.     Upgrade branch to branch, followed by the commercial bank to upgrade local banking regulatory Bureau to apply, receive and initial review of CBRC, China Banking Regulatory Commission review and decision.     76th article branch following institutions upgraded for branch of, should meet following conditions: (a) intends upgraded institutions business situation good; (ii) intends upgraded institutions internal control sound effective, 2 years within not occurred major case and major illegal violations behavior; (three) intends upgraded institutions has meet served qualification conditions of senior management personnel and familiar Bank business of qualified practitioners; (four) intends upgraded institutions has and business business phase adapted of business places, and security prevention measures and other facilities;    (E) other prudential requirements prescribed by the CBRC. Chinese commercial bank branch branch was upgraded to the following bodies of the applicant should be a commercial bank branch or the head office.     City Branch of CBRC was upgraded to branch to apply for the following organizations, by the banking regulatory Bureau to receive, review and make decisions; seat of the CBRC branch was upgraded to branch to apply for the following organizations, accepted by the CBRC, review and decision. 77th in Chinese commercial banks downgraded to sub-branch commercial bank should be the applicant.     Reduced application is filed to be downgrading local banking regulatory Bureau, accepted by the banking regulatory Bureau, review and decision.     78th Chinese commercial bank branch in the same change of business premises within the Administrative Division for prefecture-level cities, should be consistent with the business development business premises, safety measures and other facilities, and so on.     Chinese commercial bank branches change of business premises in the 79th, set up in the area (including the prefecture-level city) above, intends to apply to the competent institutions of the change, the local banking regulatory Bureau or city banking regulatory Bureau to receive, review and make decisions.     Branches of Chinese commercial banks from the date of approval of change of business premises to a new site before starting, you should choose to continue to operate the site, or temporary suspension, or other business, commercial institutions offices or in other ways, and change application when I present.     80th article this section changes, lower regulatory authority to accept, by the regulatory authority decided, by the regulatory authority within 3 months from the date of receipt of the complete application materials approved or not approved by written decision accepted, reviewed and decided by the same regulatory authorities, within 3 months from the date of the acceptance to approve or disapprove the decision in writing.     81st Chinese commercial bank branches closed for 3 days in a row and 6 months for the temporary closure.     Temporary closure of the applicant shall be proposed temporary closure of branches of branches and branch management agencies; place of CBRC city or state banking regulatory Bureau to receive, review and make decisions, from the date of acceptance of the 10th to approve or disapprove the decision in writing. Approved provisional closure of expiration or led to the temporary closure of elimination, provisional institutions of business should be to resume business, the original application must be reported to the authorities within the 5th after the resumption. Business premises rebuilt, an applicant shall provide to the authorities place of ownership or certificate for the right materials and safety, fire certificates before they can resume business.     Under special circumstances, necessary extension of temporary closure, according to the procedures in the preceding paragraph apply.     Section 82nd foreign institutional changes in Chinese commercial banks foreign institutional upgrading, changing working capital or registered capital, major investment matters, change of ownership, Division, merger and other matters prescribed by the CBRC shall be licensed by the China Banking Regulatory Commission. 83rd Chinese commercial banks foreign institutional changes should be made by Chinese Commercial Bank applied to the CBRC, accepted by the CBRC, review and decision.     CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing.     Fourth chapter section legal termination 84th in Chinese commercial banks have one of the following circumstances shall apply for dissolution: (a) the operating period as prescribed by the articles expires or the provisions of the Constitution shall be dissolved when there, (ii) the shareholders ' resolution for dissolution; (c) the Division or merger to be dissolved. 85th State-owned commercial banks, joint-stock commercial bank dissolved by the CBRC, examine and decide.     CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing. Dissolution of the city commercial bank accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision.     CBRC within 3 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing. City credit cooperative corporations and credit unions dissolved by the banking regulatory Bureau of the city accept 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.     86th in Chinese commercial banks due to dissolved is divided or merged, together with the Division or merger for approval.     87th Chinese Commercial Bank Corporation and urban credit cooperatives incorporated any of the following circumstances, before filing for bankruptcy to the Court, should be applied to the CBRC and approved only if: (a) unable to pay its debts, voluntary or request of the creditor bankruptcy; (b) dissolution and liquidation, the liquidation Group found the Agency's assets are not sufficient to repay its debts, should file for bankruptcy. Apply for bankruptcy of State-owned commercial banks, joint-stock commercial bank, 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. Application for Corporation of city commercial banks, urban credit cooperatives and urban credit cooperative bankruptcy, accepted by the CBRC and preliminary examination, 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 88th terminates its business operations domestic and overseas branches of Chinese commercial banks (be revoked), termination of the business shall be applied for. 89th in Chinese commercial bank branches in the territory ceases business application, accepted by the CBRC and preliminary examination, 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.     Chinese Commercial Bank's branch and branches in the territory (including self-service banking facilities) ceases business applications, the local banking regulatory Bureau city or state banking regulatory Bureau to receive, review and make decisions, within 3 months from the date of the acceptance to approve or disapprove the decision in writing. Applications for funding terminates its business operations overseas institutions of commercial banks, accepted by the CBRC, review and decision.     CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing. Fifth chapter adjustment business range and increased business varieties first section opened exchange business and increased exchange business varieties 90th article has established but not opened exchange business of city commercial banks, and City Credit Union Corporation application opened except settlement, and sale meeting yiwai of exchange business, or city commercial banks, and City Credit Union Corporation application increased exchange business varieties, should meet following conditions: (a) law collection rules business, internal control system sound effective, business status good; (ii) capital sufficient rate not below 8%,     Core capital adequacy ratio of not less than 4%, (c) and declare their foreign exchange business knowledge exchange operating funds and qualified practitioners of foreign exchange business; (d) that complies with the requirements of foreign exchange business premises and related facilities; (v) other prudent requirements as specified by the CBRC. 91st city commercial banks, urban credit cooperatives company apply for foreign exchange business or increase in foreign exchange business, the place of the CBRC local city or state banking regulatory Bureau accepted, the banking regulatory Board for review and decision.     The banking Board from receipt of complete application materials directly within 3 months from the date of acceptance or approval or disapproval of a written decision.     Second section raised secondary regularly debt and issued secondary bonds 92nd article commercial banks raised secondary regularly debt and to private way issued secondary bonds should meet following conditions: (a) has implemented loan five level classification, and classification results real accurate; (ii) core capital sufficient rate not below 4%; (three) loan loss prepared meter mention sufficient; (four) has good of company governance structure; (five) recently 3 years not occurred major case and illegal violations behavior.     Public offering of subordinated bonds of commercial banks should conform to the diyi、San、SI、Wu conditions of the preceding paragraph, and the core capital adequacy ratio of not less than 5%. 93rd State-owned commercial banks and application of joint-stock commercial bank raised subordinated debt and applying for issuance of subordinated bonds on a regular basis, 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. Raise subordinated term debt and applying for city commercial banks ' application for issuance of subordinated bonds, the local banking regulatory Bureau accepts and preliminary examination, 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.     Third section opened derivative products trading business 94th article commercial banks application opened derivative financial products trading business should meet following conditions: (a) business status good, main risk regulatory index meet requirements; (ii) has sound of derivative products trading of risk management system and internal control system; (three) has perfect of derivative products trading Qian, and in the, and 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) should 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 research personnel or risk analysis personnel at least 1 name, above personnel are for designed gang personnel, mutual shall not who, and no bad records;     (F) meets the requirements of derivatives trading venues and equipment, (VII) other prudent requirements as specified by the CBRC. 95th run by State-owned commercial banks and joint-stock commercial banks ' application for derivatives trading business, accepted by the CBRC, review and decision.     CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing. City commercial banks ' application for opening derivatives trading business, the local banking regulatory Commission Office and a preliminary review, the China Banking Regulatory Commission review and decision.     CBRC within 3 months from the date of receipt of the complete application materials to approve or disapprove the decision in writing.     Fourth Festival launch electronic banking business, additional or different varieties of electronic banking 96th line with the use of the Internet and other open networks or wireless networks offer online banking, mobile banking and the use of handheld personal data offered by the auxiliary equipment such as electronic banking, shall be subject to approval.    97th apply for electronic banking business, shall meet the following requirements: (A) business activities normal, established has more perfect of risk management system and internal control system, in application opened electronic bank business of Qian one years within, main information management system and business processing system no occurred had major accident; (ii) developed has electronic bank business of general development strategy, and development planning and electronic bank security strategy, established has electronic bank business risk management of organization system and system system; (three) according to electronic bank business development planning and security strategy,     Established has electronic bank business operation of based facilities and system, and on related facilities and system for has necessary of security detection and business test; (four) on Electronic Bank business risk management situation and business operation facilities and system,, for has meet regulatory requirements of security assessment; (five) established has clear of electronic bank business management sector, equipped with has qualified of management personnel and technicians; (six) silver prison will requirements of other carefully sex conditions.     98th article opened to Internet for media of online bank business, and phone bank business, electronic bank business, except should has 97th article by column conditions outside, also should has following conditions: (a) electronic bank based facilities equipment can guarantees electronic bank of normal run; (ii) electronic bank system has necessary of business processing capacity, can meet customer timely business processing of need; (three) established has effective of external attack detection mechanism;     (D) electronic banking business operation system and business process server settings in the People's Republic of China territory.     99th article increased or change following electronic bank business varieties should to China silver prison will and sent institutions application approved: (a) legal, and regulations and regulations provides need approval but yet application approved, and prepared using electronic bank opened of; (ii) will has was approved of business application Yu electronic bank Shi, need and securities industry, and insurance related institutions for directly real-time data exchange to implementation of; (three) financial institutions Zhijian through interconnected electronic bank platform joint carried out of; (four) provides across border electronic bank service of;     (E) other business stipulated by the CBRC. 100th piece of State-owned commercial banks and joint-stock commercial banks ' applications for operating, increase or change requires approval of electronic banking services, accepted by the CBRC, review and decision.     CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing. City commercial banks, urban credit cooperatives limited application start-up, increases or changes require approval of electronic banking, the local banking regulatory Bureau accepts and preliminary examination, 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. Fifth section issued bank card 101th article in the funding commercial banks application issued bank card should meet following conditions: (a) has handle retail business of good business based; (ii) business status good, main risk regulatory index meet requirements; (three) has on the items business established has perfect of risk management and internal control system; (four) has qualified of management personnel and technicians, and corresponding of management institutions; (five) has security, and efficient of computer processing system; (six) silver prison will provides of other carefully sex article     Pieces.     Commercial banks to issue foreign currency cards shall comply with the relevant provisions of the foreign exchange management. 102th applications for State-owned commercial banks and joint-stock commercial bank to issue bank cards, 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. Corporation application for issuing a bank card of city commercial banks, urban credit cooperatives, the local banking regulatory Bureau accepts and preliminary examination, 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. Sixth section opened securities investment fund managed business 103th article commercial banks application opened securities investment fund managed business should meet following conditions: (a) recently 3 a fiscal year of end net worth are not below 2 billion Yuan Yuan, capital sufficient rate meet regulatory sector of about provides; (ii) has specifically of Fund managed sector, and and other business sector keep independent; (three) Fund managed sector intends any senior management personnel meet statutory conditions, intends engaged in Fund liquidation, and accounting, and investment supervision, and information disclosure , And internal audit monitoring, business of practice industry personnel not less than 5 people, and has Fund practitioners qualification; (four) has security custody Fund property of conditions: 1. has engaged in fund managed business of equipment and facilities; 2. each only fund separate establish accounts, fund assets full, and independent; 3. will by managed of Fund assets and owned assets strictly separate custody; 4. Fund management people of investment operation by law supervision; 5. law implementation fund management people of instruction, disposition, and distribution fund assets; 6. law review, and review fund management     Population Fund net asset value, net value of fund shares and subscription and redemption prices; 7. safekeeping custodian operations records, account books, reports and other relevant information; 8. have a sound system hosting business.     (Five) has security efficient of liquidation, and delivery system: 1. system within securities trading settlement funds in two hours within meeting designated to account; 2. from Exchange security received trading data; 3. and fund management people, and fund registered registration institutions, and securities registration settlement institutions, related business institutions of system security docking; 4. law implementation fund management people of investment instruction, timely handle liquidation, and delivery matters.     (Six) Fund managed sector has meet business need of fixed places, and equipped with independent of security monitoring system: 1. Fund managed sector of business places relative independent, equipped with access system; 2. contact to fund trading data of business post has separate of Office with room; 3. has perfect of Fund trading data confidential system; 4. has security of Fund managed business data backup system; 5. has Fund managed business of emergency processing programme, has emergency processing capacity.     (Seven) Fund managed sector equipped with independent of managed business technology system, including network system, and application system, and security protection system, and data backup system; (eight) has perfect of internal audit monitoring system and risk control system; (nine) recently 3 years no major illegal violations records; (10) legal, and administrative regulations provides of and by State approved of China SFC, and silver prison will provides of other conditions.     104th commercial banks ' application for opening securities investment fund custodian business accepted by the China Securities Regulatory Commission, China Securities Regulatory Commission and China Banking Regulatory Commission review and decision.     The CBRC shall from the date of receipt of the sign of the China Securities Regulatory Commission in the 20th, and make a decision to approve or not to approve and notify CSRC; not to approve decisions of the CBRC, and shall in the notice State the reasons. Seventh section opened qualified outside institutions investors territory securities investment managed business 105th article commercial banks application opened qualified outside institutions investors territory securities investment managed business should meet following conditions: (a) has specifically of Fund managed sector; (ii) real received capital meet about regulations of provides; (three) has enough of familiar managed business of full-time personnel; (four) has security custody fund all assets of conditions; (five) has security, and efficient of liquidation, and delivery capacity; (six) has Exchange refers to     Banking qualifications; (g) the last 3 years has no record of significant violations of foreign exchange regulations. 106th State-owned commercial banks and shareholding commercial banks ' application for opening domestic securities investment by qualified foreign institutional investors managed business, accepted by the CBRC, review and decision.     CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing. City commercial banks ' application for opening domestic securities investment by qualified foreign institutional investors managed business, the local banking regulatory Bureau accepts and preliminary examination, 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.     Eighth section opened national social security fund managed business 107th article commercial banks application opened national social security fund managed business should meet following conditions: (a) has specifically of Fund managed Department; (ii) real received capital meet about regulations of provides; (three) has enough of familiar managed business of full-time personnel; (four) has security custody fund all assets of conditions; (five) has security efficient of liquidation, and delivery capacity. 108th National Social Security Fund run by State-owned commercial banks and joint-stock commercial banks ' application for custody business, accepted by the CBRC, review and decision.     CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing. Apply for national social security fund custody business city commercial banks, the local banking regulatory Bureau accepts and preliminary examination, 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. Nineth section opened away from Bank Bank business 109th article commercial banks application opened away from Bank Bank business should meet following conditions: (a) law collection rules business, recently 3 years within no major case and illegal violations behavior; (ii) reached provides of exchange assets scale, and exchange business business performance good; (three) Exchange practitioners meet carried out away from Bank Bank business requirements, and in past business activities in the no bad records, which competent personnel should engaged in Exchange business 5 years above,     Other practitioners should engage in at least 50% in foreign exchange business for 3 years or more; (d) sound and effective risk management and internal control systems, and (v) that complies with the requirements of the offshore banking business place and facilities, and (vi) other prudent requirements as specified by the CBRC.     110th have offered offshore banking business of commercial banks, increasing business varieties, subject to the approval of the CBRC. 111th Applications for State-owned commercial banks and joint-stock commercial bank offering offshore banking business, accepted by the CBRC, review and decision.     CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing. City commercial banks to apply for offshore banking, the local banking regulatory Commission Office and a preliminary review, 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.     Tenth section opened securities company stock pledge loan business 112th article commercial banks application opened stock pledge loan business, should meet following conditions: (a) business status good, main risk regulatory index meet requirements; (ii) risk management and internal control system sound effective, developed and implementation has unified award letter system; (three) developed has and handle the items business about of risk control measures and business operation process; (four) has full-time sector and personnel is responsible for business and management stock pledge loan business;     (E) specialized business management information system, will understand the stock market listed company important information in step (vi) other prudent requirements as specified by the CBRC. 113th applications for operating loans backed by shares of State-owned commercial banks and joint-stock commercial bank business, accepted by the CBRC, review and decision.     CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing. Applications for operating loans backed by shares of city commercial bank business, the local banking regulatory Bureau accepts and preliminary examination, 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. 11th section opened Enterprise annuity Fund trustee business 114th article commercial banks application opened Enterprise annuity Fund trustee business, should meet following conditions: (a) registered capital many Yu 100 million Yuan Yuan, and in any when are maintained not less than 150 million Yuan Yuan of net worth; (ii) has perfect of corporate governance structure; (three) made Enterprise annuity Fund practitioners qualification of full-time personnel reached provides number; (four) has meet the items business carried out requirements of business places, and security prevention facilities and other facilities     (V) has a comprehensive internal auditing and monitoring system and risk control system; (vi) the last 3 years no major cases and violations of and (VII) other conditions stipulated by the State. 115th run by State-owned commercial banks and joint-stock commercial banks ' application for corporate pension fund business, accepted by the CBRC, review and decision.     CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing. Apply for pension fund trustees of city commercial bank business, the local banking regulatory Bureau accepts and preliminary examination, 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.     12th Festival offering personal financial services 116th in Chinese commercial banks operate to the following personal finance business, shall be approved: (a) guaranteed income plan; (b) designed for personal finance new investment with a guaranteed return products; (c) subject to the approval of the CBRC's personal finance business.     117th article in the funding commercial banks application opened personal financial business, should meet following conditions: (a) has corresponding of risk management system and internal control system; (ii) has has carried out related business work experience and knowledge of senior management personnel, and practitioners; (three) has effective of market risk recognition, and measurement, and monitoring and control system; (four) reputation good, near 2 years within not occurred damage customer interests of major event; (five) silver prison will provides of other carefully sex conditions. 118th run by State-owned commercial banks and joint-stock commercial banks ' application for personal finance business, accepted by the CBRC, review and decision.     CBRC within 3 months from the date of the acceptance to approve or disapprove the decision in writing. The City Corporation apply for personal financial services in commercial banks, urban credit cooperatives, the local banking regulatory Commission Office and a preliminary review, 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. 13th Festival to apply for operating another business 119th city commercial banks, urban credit cooperatives limited applications for operating under the existing regulations of other business and variety, by the place of the CBRC local city or state banking regulatory Bureau accepted, the banking regulatory Board for review and decision.     The banking Board from receipt of complete application materials directly within 3 months from the date of acceptance or approval or disapproval of a written decision.     120th in Chinese commercial banks ' applications for operating the existing law was not clearly defined business and variety, from the CBRC separately.     The sixth chapter directors and senior management of qualifications of the personnel licensing section of job qualifications 121th the banks Chairman, Vice Chairman, independent Director, and other members of the Board of Directors and Secretary of the Board, subject to the qualification license. State-owned commercial banks, and joint-stock commercial banks, and city commercial banks President, and Deputy President, and President Assistant, and General Manager, and Deputy General Manager, and General Manager Assistant, and total Audit Division, and Chief Accountant, and within trial sector head, and financial sector head, branch (branch level franchise institutions) President (General Manager), and Deputy President (Deputy General Manager), branch President, City Credit Union Corporation General Manager, and Deputy General Manager, City Credit Union Corporation points social Manager, city credit unions, Chairman of, and Deputy, Chairman of, and Director, and     Deputy Directors and other senior management personnel, subject to the 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.     122th article application in the funding commercial banks Director and senior management personnel served qualification, intends any people should meet following basic conditions: (a) has completely civil capacity of natural; (ii) law-abiding, honest and trustworthy, diligent due diligence, has good of personal conduct; (three) has and intends any positions phase adapted of knowledge, and experience and the capacity; (four) has good of economic, and financial practitioners records; (five) familiar economic financial of legal regulations, has good of collection rules business consciousness;     (Vi) able to communicate fully with the financial regulator information, and actively support the work of financial regulators and (VII) other conditions specified by the CBRC. 123th article intends any people has following case one of of, shall not served as in the funding commercial banks Director and senior management personnel: (a) has deliberately crime records of; (ii) on had served institutions illegal violations business activities or major loss has personal responsibility or directly led responsibility, plot serious, was about administrative organ law punishment of; (three) in perform work duties Shi has provides false material, violation integrity principles behavior of; (four) was financial regulatory institutions canceled lifelong of Director and senior management personnel served qualification, Or cumulative 2 times was canceled Director and senior management personnel served qualification of; (five) cumulative 3 times was financial regulatory institutions administrative punishment of; (six) and intends served as of Director or senior management personnel duties exists obviously interests conflict of; (seven) has violation social morality of bad behavior, caused bad effect of; (eight) personal or its spouse has amounts larger of due not reimbursement of liabilities, or is engaged in of high risk investment obviously over its family property of bear capacity of; (nine) legal, and     Administrative rules and regulations and other applicable provisions of the CBRC. 124th article application in the funding commercial banks Director served qualification, intends any people except should meet 122th article, and 123th article provides conditions outside, also should meet following conditions: (a) has 5 years above of legal, and economic, and financial, and financial or other conducive to perform Director duties of work experience; (ii) can using financial institutions of financial report and statistics report judge financial institutions of business management and risk status; (three) understand intends served institutions of company governance structure, and     Corporate Charter and Board responsibilities.     Eligibility criteria for independent directors of Chinese Commercial Bank, also to be appointed should be legal, economic, financial and accounting specialists, and in accordance with the joint-stock commercial banks of independent directors and external supervision system provisions of the guidelines. 125th article application in the funding commercial banks Chairman, and Deputy Chairman served qualification, intends any people except should meet 122th article, and 123th article, and 124th article provides conditions outside, also should respectively meet following conditions: (a) intends any State-owned commercial banks, and joint-stock commercial banks Chairman, and Deputy Chairman, should has undergraduate above degree, engaged in financial work 8 years above, or engaged in related economic work 12 years above (which engaged in financial work 5 years above); (ii) intends any city commercial banks, and City Credit Union Corporation 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); (three) intends any city credit unions, Chairman of, and Deputy, Chairman of, should has secondary above degree, engaged in financial work 5 years above or engaged in economic work 9 years above (which engaged in financial work 2 years above); (four) intends any State-owned commercial banks, and joint-stock commercial banks Board Secretary of, Should has undergraduate above degree, engaged in financial work 6 years above, or engaged in related economic work 10 years above (which engaged in financial work 3 years above); intends any city commercial banks, and City Credit Union Corporation Board Secretary of, should has undergraduate above degree, engaged in financial work 4 years above, or engaged in related economic work 8 years above (which engaged in financial work 2 years above); (five) intends any in the funding commercial banks outside institutions Chairman, and Deputy Chairman, should has undergraduate above degree,     Engaged in financial work for more than 6 years, or in the related economy over 10 years, can skilled use of 1 foreign language commensurate with their posts. 126th Applications for various qualifications for senior managers of Chinese commercial banks, people should be aware of the duties of the position to be appointed to be appointed, familiar with the proposed agency's regulatory framework, business model, known as the proposed agency's internal control system, with the risk management capacity commensurate with the proposed position.     127th article application in the funding commercial banks corporate institutions senior management personnel served qualification, intends any people except should meet 122th article, and 123th article, and 126th article provides of conditions outside, also should respectively meet following conditions: (a) intends any State-owned commercial banks, and joint-stock commercial banks President, and Deputy President of, should has undergraduate above degree, engaged in financial work 8 years above, or engaged in related economic work 12 years above (which engaged in financial work 4 years above);     (Ii) intends any city commercial banks President, and Deputy President, City Credit Union Corporation General Manager, and Deputy General Manager of, should has undergraduate above degree, engaged in financial work 6 years above, or engaged in related economic work 10 years above (which engaged in financial work 3 years above); (three) intends any city credit unions Director, and Deputy Director of, should has secondary above degree, engaged in financial work 4 years above or engaged in economic work 9 years above (which engaged in financial work 2 years above); (Four) intends any in the funding commercial banks outside institutions President (General Manager), and Deputy President (Deputy General Manager) of, should has undergraduate above degree, engaged in financial work 6 years above, or engaged in related economic work 10 years above (which engaged in financial work 3 years above), and can more skilled to using 1 door and by any positions phase adapted of language; (five) intends any State-owned commercial banks, and joint-stock commercial banks President Assistant of, should has undergraduate above degree, engaged in financial work 6 years above, Or engaged in related economic work 10 years above (which engaged in financial work 3 years above); intends any city commercial banks, and City Credit Union Corporation President (General Manager, and Director) Assistant of, should has undergraduate above degree, engaged in financial work 4 years above, or engaged in related economic work 8 years above (which engaged in financial work 2 years above); (six) intends any total Audit Division or within trial sector head of, should has undergraduate above degree,     Made national or international recognized audit professional technology senior titles (or through national or international recognized of accounting, and audit professional technology Qualification exam), and engaged in financial, and accounting or audit work 6 years above; (seven) intends any chief accountant or financial sector head of, should has undergraduate above degree, made national or international recognized of accounting professional technology senior titles (or through national or international recognized of accounting professional technology Qualification exam), and engaged in financial, and accounting or audit work 6 years above. 128th article application in the funding commercial banks branch institutions senior management personnel served qualification, intends any people except should meet 122th article, and 123th article, and 126th article provides of conditions outside, also should respectively meet following conditions: (a) intends any State-owned commercial banks level branch (directly under the branch), and joint-stock commercial banks branch (offsite directly under the branch) President, and Deputy President, head office sales General Manager (Director), and Deputy General Manager (Deputy Director), branch level franchise institutions General Manager, and Deputy General Manager of, Should has undergraduate above degree, engaged in financial work 6 years above or engaged in economic work 10 years above (which engaged in financial work 3 years above); (ii) intends any State-owned commercial banks two level branch (level branch directly under the branch) President, and Deputy President of, should has College above degree, engaged in financial work 5 years above or engaged in economic work 9 years above (which engaged in financial work 2 years above); (three) intends any State-owned commercial banks, and joint-stock commercial banks, and city commercial banks branch President,     Urban credit cooperatives limited Branch Manager and branch in temporary work for more than 3 months under the auspices of the Deputy President and Assistant Branch Manager, should have a college education, engaged in financial work for more than 4 years, or engaged in economic work for more than 8 years (of which engaged in financial work for more than 2 years).     129th people to be appointed does not meet the above requirements, but made the National Administrative Department for education at approved institutions granting Bachelor deemed to meet academic requirements.     130th article does not meet the above requirements of the service, but access to certified public accountants, registered Auditors or to positions of senior professional and technical qualification deemed to meet academic requirements, qualification requirements should increase by 4 years financial work experience in.     131th first article does not meet the 122th, 124th, 125th, 127th, 128th, 129th requirements of persons to be appointed, Chinese commercial banks if it thinks it has to post the necessary knowledge, experience and capacity, may submit applications. Section II qualifications for licensing 132th corporate institutions, Head Office of State-owned commercial bank business, joint-stock commercial bank Corporation of Directors and senior management personnel qualifications applied for, by the institution submitted to the CBRC, accepted by the CBRC, review and decision.     From the date of acceptance of the CBRC within 30th approve or not to approve of the written decision. 133th branch of State-owned commercial banks (branches), joint-stock commercial bank branches (directly under the different branches), branch-level exclusive agency senior management personnel qualifications applied for, by corporate bodies submitted to the proposed local banking regulatory Bureau, accepted by the banking regulatory Bureau, review and decision.     Banking Board from the date of acceptance of the 30th to approve or not to approve of the written decision. Corporation of city commercial banks, urban credit cooperatives limited corporate directors and senior management personnel qualifications applied for, by the Corporation to the proposed place of the CBRC submitted by city or state banking regulatory Bureau, which receive and trial, the banking regulatory Board for review and decision. The banking Board from receipt of complete application materials or handled directly within 30th of approve or not to approve of the written decision.     Among them, the Chairman and President (General Manager) the qualifications to apply for, banking regulatory Bureau before making a decision, shall report to the CBRC for the record. Cases referred to in the preceding paragraph need to be appointed audit, accepted by the CBRC and preliminary examination, Banking Regulatory Commission review and decision.     Banking Regulatory Commission from the date of receipt of complete application materials within 30th approve or not to approve of the written decision. 134th secondary branches of State-owned commercial banks (the level directly under the sub-branch) and the following institutions, joint-stock commercial bank branch, city commercial bank branch, urban credit cooperatives limited branch senior management personnel qualifications applied for, appointment and dismissal by the superior of the person to be appointed bodies submitted to the proposed place of the CBRC, accepted by the CBRC, review and decision.     The CBRC made within the 30th since the date of acceptance approval or determinations are not approved. Cases referred to in the preceding paragraph need to be appointed audit, accepted by the CBRC and preliminary examination, the banking regulatory Board for review and decision.     The banking Board from the date of receipt of complete application materials within 30th approve or not to approve of the written decision. Proposed establishment is located in the first paragraph of this article is not of the CBRC, appointment and dismissal by the superior of the person to be appointed bodies submitted to the proposed local banking regulatory Bureau.     By the banking regulatory Bureau to receive, review and decision. 135th outside State-owned commercial banks, joint-stock commercial bank directors and senior management personnel qualifications applied for, submitted by the Corporation to the China Banking Regulatory Commission, China Banking Regulatory Commission will receive, review and make decisions.     From the date of acceptance of the CBRC within 30th approve or not to approve of the written decision. Qualifications for senior managers of overseas institutions to apply for city commercial banks, submitted by the Corporation to the local banking regulatory Bureau, receive and initial review of CBRC, China Banking Regulatory Commission review and decision.     Banking Regulatory Commission from the date of receipt of complete application materials within 30th approve or not to approve of the written decision.     136th in Chinese commercial banks or their branches when the newly established, qualifications of Directors and senior management applications, opening in accordance with the Agency's approval process, examine and decide.     137th who served as a financial institution to be appointed Chairman or senior management personnel, qualifications of the applicants submitted application materials, should also be submitted to the person to be appointed to the outgoing audit report or economic responsibility auditing report. 138th person to be appointed within the same legal entity, similar parallel adjustment positions, or moved the lower positions, do not need to reapply for qualification. The person to be appointed before serving, to the proposed seat of the CBRC city or State Banking Board submitted to the auditing reports or serve economic responsibility audit report and related materials.     The proposed seat of the CBRC city or State Banking Board shall serve to the original seat of the CBRC request for supervision and evaluation of CBRC or city views. Has following case one of of, intends served location silver prison branch or where City silver prison Council should written notification intends any people and where in the funding commercial banks 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 of; (ii) outgoing audit report or economic responsibility audit report conclusion not real, and or displayed intends any people may exists not for served as new vocational case of; (three) original served location silver prison branch or where City silver prison Council of regulatory evaluation views displayed,     The person 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 139th institution to change licensing matters, in Chinese commercial banks should make a decision on the administrative license within 6 months from the date of completion of the change and to authorities and local bodies of the CBRC report.     Qualifications of Directors and senior management license, be appointed who shall make a decision on the administrative license within 3 months from the date of arrival and to the authorities and local bodies of the CBRC report.     Is not completed within the time limit prescribed in the preceding paragraph changes or any of, the licensing file failure, by the authorities for the cancellation of administrative licensing procedures.     140th in Chinese commercial banks set up, change and termination issues, involving amendment of registration of industry and commerce, taxation, and legal procedures, should be completed within 1 month of the change of the CBRC report or its agency. 141th Financial asset management Corporation, branch changes to licensing requirements and procedures, refer to state-owned commercial bank corporate office and the branch office the conditions and procedures for the implementation of the change; its corporate bodies, branch senior management personnel qualifications for licensing requirements and procedures, refer to state-owned commercial bank corporate institutions and the conditions and procedures for the implementation of the first-level branches.     142th article of the approach "above" all contain the number or level.     143th explain these measures by the CBRC. 144th these measures shall come into force on February 1, 2006.  This approach issued before the implementation of the relevant provisions is inconsistent with this approach, in accordance with these rules.

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