Advanced Search

The China Banking Regulatory Commission For The Implementation Of Administrative Licensing Procedures

Original Language Title: 中国银行业监督管理委员会行政许可实施程序规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(January 12, 2006 Bank of China industry supervision Management Committee makes 2006 1th, 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 administrative license behavior, clear administrative license program, improve administrative license efficiency, protection applicants of lawful rights and interests of, according to People's Republic of China banking supervision management method and People's Republic of China administrative license method, legal, and
    Administrative regulations and the relevant decisions of the State Council, these provisions are formulated. Article CBRC in accordance with the procedures laid down in the banking institutions and the CBRC supervision of other financial institutions in the implementation of administrative licensing.
    Bureau of supervision of China Banking Regulatory Commission (hereinafter referred to as the banking regulatory Bureau) and the China Banking Regulatory Commission oversees the branches (hereinafter referred to as the CBRC) in the context of the CBRC authorized, in accordance with the procedures laid down in the implementation of the administrative license.
    Article III the implementation of administrative licensing of the CBRC shall follow the open, fair, equitable, efficient and convenient principle.
    Fourth article CBRC and its local agency staff during the course of the implementation of administrative licensing shall be in accordance with the law, impartiality and integrity, not to seek illegitimate interests.
    Article fifth Banking Regulatory Commission of administrative licensing items include banking institutions and the CBRC supervision of other financial institutions, change and termination license, business license, qualifications of Directors and senior management licensing, laws, administrative regulations and other licensing matters decided by the State Council.
    Sixth implementation of administrative license procedure is divided into application and acceptance, examination, decision and served on three aspects.
    Seventh article silver prison will and sent institutions according to following operation process implementation administrative license: (a) by Silver prison will, and silver prison Council or silver prison branch which a organ accepted, and review and decided; (ii) by Silver prison Council accepted and preliminary review, submitted silver prison will review and decided; (three) by Silver prison branch accepted and preliminary review, submitted silver prison Council review and decided; (four) by Silver prison will accepted, and other administrative organ common review and decided. Eighth article banking financial institutions and the silver prison will supervision management of other financial institutions administrative license of matters, and conditions, and specific operation process, and review decided term, applies China banking supervision Management Committee in the funding commercial banks administrative license matters implementation approach, and China banking supervision Management Committee foreign financial institutions administrative license matters implementation approach, and China banking supervision Management Committee non-bank financial institutions administrative license matters implementation approach and
    China Banking Regulatory Commission, such as financial institutions, measures for the implementation of administrative licensing matters concerning provisions of the regulations.
    Chapter II application and accepting applicants shall, in accordance with section IX of the China Banking Regulatory Commission on administrative licensing matters application directory and format requirements for submitting application materials.
    Article submit application materials to the Agency by the applicant mailed or submitted in person to the CBRC Office, banking Board Office or the Office of the CBRC. Application materials should be indicated in detailed, accurate contact information and mailing address of administrative licensing decision.
    To submit the application materials, the person in charge shall present a letter of introduction and legal identity documents the applicant is a natural person shall show his legal identity document.
    11th article accepted by the institutions at lower levels, higher authorities decide to apply for matters, applicants should submit application materials to the Agency, and submit to receive applications, brief description of the application.
    Main unit of application materials submitted in the preceding paragraph should be decided. 12th application does not require administrative license or apply for issues not part of the mandate of the Agency, Agency shall immediately inform the applicant inadmissible, and issue a rejection notice.
    Apply for matters outside the ambit of this organ's shall also inform the applicant to apply to the relevant administrative body.
    13th article application matters belongs to accepted organ terms range of, accepted organ control administrative license matters application material directory and format requirements, found application material not complete or not meet provides requirements of, should in received application material of day up 5th within to applicants issued correction notice, once told applicants should correction of all content, and requirements its in correction notice issued of day up 3 months within submitted correction application material.
    Application materials are complete and comply with the requirements of the receiving agencies shall from the date of the receipt of complete application materials accept administrative licensing applications within the 5th and issue to the applicant a notice of acceptance.
    14th in the corrections within 3 months from the date the notice is issued, the applicant failed to submit a correct application materials, 5th after the expiry of the Agency in the decision not to accept the application in, issue to the applicant a rejection notice and explanation of reasons for inadmissibility.
    Correction of application materials submitted by the applicant are incomplete or do not meet the requirements of receiving organs from the date of receipt of the correction application materials on 5th make a decision not to accept the application within and send a rejection notice to the applicant and to give reasons for inadmissibility. 15th before making the decision accepting the application, the applicant requested for withdrawal, the applicant shall submit a written withdrawal request to the Agency.
    Agency after the registration application materials will be returned to the applicant.
    16th technology, refuse to accept the notice and notice of correction should be made by Agency covered the private seal and dated, and agency shall deliver or mail to the applicant.
    Chapter III review of the 17th article by lower accepted, submitted to the next higher authority decides to apply for matters, subordinate agencies shall from the date of acceptance of this review has been completed and will be reviewed within the 20th and complete application materials are reported to the authorities.
    Article 18th by the CBRC accepted applications, involving jurisdictional supervision responsibility of CBRC, China Banking Regulatory Commission should seek the views of relevant banking regulatory Bureau.
    Applications accepted by the CBRC, relates to the CBRC local jurisdictional supervision responsibilities, the CBRC shall seek the views of the CBRC.
    The CBRC and the CBRC should level up feedback in a timely manner. 19th decision authority in the review process, that require written explanations from the applicants of the application materials, you can roll up into question written submissions, and requested the applicant to provide written explanations.
    Authorities consider necessary, approved by the head of the main, can require the applicant to make written explanations for the second time.
    Written explanation can be submitted in person or by mail in the manner and agreed by the authorities, can also be submitted by fax, e-mail or any other means. Applicants should be within 2 months from the date on which the written opinion issued submit written explanations.
    Failing to submit written explanations, explained as a waiver of the applicant in writing. Article 20th organs or decisions it deems it necessary to make the application materials by the applicant explained, for talks in the Office and the applicant. Staff participating in the talks should not be less than 2.
    Accepted records of the authority or authorities should do talks and signed by the applicant. Article 21st during the review process, as circumstances require, directly or delegated lower authorities about the content of the application materials in situ verification. In situ verification staff shall not be less than 2, and shall show the proper identification.
    Field verification should be ready to record, collect evidence.
    Article 22nd bodies or authorities in the review process to verify the report materials deemed necessary, should be verified and the written verification opinion.
    23rd authorities in the review process, for a difficult, complex or specialized technical applications can directly subordinate or delegate authority or require the applicant organization expert review, and formed in a writing signed by the expert review comments.
    24th in receiving bodies or authorities in the process of reviewing, because of death, disability or termination in accordance with law, administrative Licensing application does not meet the statutory requirements or administrative decision there is no need to receive decisions of the authority or authorities should be made to terminate the review.
    25th in receiving bodies or authorities in the review process, the applicant asked for withdrawal, termination of the review shall provide the Agency a written request, accept authority or authorities should terminate the review.
    26th article following time not calculation in review term within: (a) need applicants on application material in the exists of problem made written description explained of, since written views issued of day up to received applicants submitted written description explained of time, but most long not over 2 months; (ii) need on about reported material for verification of, since made verification decided of day up to verification end of time; (three) need experts review of, since Organization experts review of day up to formed written review views of time. Reduced time before accepting organs or authorities shall promptly inform the applicant in writing.
    The second and third time deducted may not exceed the reasonable and necessary terms.
    The fourth chapter decided to 27th and served by an accepted and decides administrative license, the authorities shall, within the prescribed period to review, make a decision on whether or not a written decision of administrative license and served in the 10th after a decision to the applicant a written decision.
    Accepted by the institutions at lower levels, higher authority decision of administrative permission decisions receipt of the subordinate organs of the preliminary review and after the full application of the applicant, within the time stipulated in the review, make a decision on whether or not a written decision of administrative license and served in the 10th after a decision to the applicant a written decision, with a copy to institutions at lower levels.
    28th article accepted by the China Banking Regulatory Commission, joint reviews with other administrative bodies and decisions of an administrative license, by the CBRC accepted, after review, will be transferred to the relevant administrative body to review the application materials, and based on the review comments within the prescribed period, make a written decision of granting or refusing permission. Article 29th authorities made no decision on the administrative license, it shall explain the reasons and inform the applicant shall enjoy, within the statutory time may apply for administrative reconsideration or bring an administrative suit right.

    30th the licensing file by the authorities by registered mail or express mail delivered to the applicant, authorities should be obtained from the postal service in a timely manner to the applicant to sign for receipt.
    The licensing file can also be sought by its recipients, received upon presentation of a letter of introduction and legal identity document and sign for it.
    31st decision approving an administrative license is made after a decision need to be issued to the applicant, reissue financial licenses, authorities shall notify the applicant to the issuing authority for financial licences.
    Certification authority shall after the decision was made in the 10th issue, reissue financial licenses.
    Fifth chapter publicity article 32nd CBRC and its local agencies administrative license matters, basis, conditions, procedures and time limit and require the applicant to submit the application directory and format requirements for public notification and facilitate access.
    33rd article CBRC and its local agencies to take in one of the following or publicity in several ways: (a) posted on the CBRC website, (ii) in a specified public offering press release, (iii) printed manual of administrative licensing, and placed on the premises for inspection; (iv) in the post office site, (v) other convenient modes of publicity.
    34th inter alia involving State secrets, business secrets and personal privacy, CBRC and its local bodies the administrative licensing decision should be made by the CBRC website or bulletin publication.
    Sixth chapter supplementary articles article 35th of the provisions in the "days" are working days.
    36th article of the regulation by the CBRC is responsible for the interpretation. 37th article of the regulations come into force on February 1, 2006.
                                                                                                                    The provisions promulgated prior to the implementation of the relevant regulations and regulatory documents are inconsistent with this provision, in accordance with this regulation.