Financial License Management

Original Language Title: 金融许可证管理办法

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(May 31, 2003 Chinese Banking Regulatory Commission 2003 2nd release) first in order to strengthen the management of access to financial institutions, financial institutions operate in accordance with law, in accordance with the People's Republic of China on commercial banks and the People's Republic of China regulations on the management of foreign financial institutions and other relevant laws, administrative regulations, and these measures are formulated.
    Second financial licenses in these measures refers to the China Banking Regulatory Commission (hereinafter referred to as the CBRC) issued by the chartered financial institutions engaged in financial business according to law of legal documents.
    Financial license issuance, replacement, seizure, and revoke by the CBRC shall exercise, no other units or individuals may exercise these powers.
    Third financial license applies to the CBRC supervision, approved financial institutions engaged in financial business.
    Financial institutions, including policy banks, commercial banks, financial asset management companies, credit unions, savings institutions, trust and investment companies, financial companies, financial leasing companies and foreign-funded financial institutions.
    Article fourth Banking Regulatory Commission imposed on financial license authority, approval and licensing rights adequate separation of management principles.
    (A) silver prison will is responsible for its directly regulatory of financial corporate institutions (policy sex Bank, and State-owned owned commercial banks, and joint-stock commercial banks, and financial assets management company, and trust and investment companies, and group financial company, and financial rental company,) financial license of issued and management; is responsible for foreign owned bank and branch, and Sino-foreign joint venture Bank and branch, and foreign bank branch, and foreign owned financial company and Sino-foreign joint venture financial company, foreign financial institutions financial license of issued and management. (Ii) silver prison will province (autonomous regions, and municipalities) Council, and directly under the branch is responsible for following institutions financial license of issued and management: 1. this area within policy sex Bank, and State-owned owned commercial banks, and joint-stock commercial banks branch (containing offsite Branch); 2. financial assets management company branch institutions (Office); 3. City commercial banks corporate institutions and branch institutions; 4. foreign bank branch following (not containing Branch) institutions; 5. except silver prison will directly regulatory outside of trust and investment companies, and group financial company, and
    Financial leasing companies and other non-bank financial institutions and their branches, 6. urban credit cooperatives, rural credit cooperatives (provincial and municipal), the rural Commercial Bank Corporation; 7. where financial institutions business outlets in the same city.
    (C) the regulator area (city, State) branch is responsible for the above from other financial institutions and their branches of financial institutions license issuance and management.
    Fifth article financial institutions should in received silver prison will or its sent institutions approved file 60 days, holding following material to silver prison will or its sent institutions received or for led financial license: (a) silver prison will or its sent institutions of approved file; (ii) financial institutions introduction; (three) received license personnel of legal effective identity proved; (four) silver prison will or its sent institutions requirements of other information.
    Sixth article CBRC or its agency to issue a permit for a period of five working days from the date of receipt of the above documents.
    Seventh article financial license contains Ming following content: (a) institutions coding (financial institutions implemented national unified coding, see annex); (ii) institutions name (rural credit cooperation institutions to brackets indicate corporate institutions or branch institutions); (three) according to of legal regulations; (four) institutions approved established date; (five) business address; (six) issued license date; (seven) silver prison will or its sent institutions of seal.
    Eighth case of the following circumstances, the financial institution shall provide the Commission or its agencies apply to exchange their financial licenses: (a) the institution changed its name, (ii) business address (only for clearing code) change, (iii) permit damage (iv) lost license; (v) the regulator or its agency consider other circumstances that permit needs to be replaced.
    Body changed its name and business address of the change should be the old certificates surrendered the CBRC or its agency, and with the provisions of article fifth financial license material is renewed.
    Permit damage shall surrender the original certificate at the licence again.
    License is lost, financial institutions should be in the CBRC or its agency specified newspaper declared on the original license void, re-apply for a permit. Nineth financial license institutions principles of coding for life.
    Financial institutions except in name, business address (only for clearing code) changes, cancellation and other reasons, agency code once they no longer change.
    Financial licenses such as lost or damaged, and application for renewal of licence, original code continue to be used.
    Financial licenses have been revoked, the body encoding is automatically void, no longer in use.
    Article tenth financial licenses issued or renewed, the CBRC or the agency designated by public offering announcements in the newspaper.
    Financial license revoked or log off, should also be the regulator or its agency designated newspaper for announcement.
    11th posting details should include: the name, business address, contact the financial institutions code, postal code, telephone number.
    12th financial license shall be prominently publicized in the institution business place.
    Financial institutions should be prominent positions in place of publication in an appropriate manner the scope of its business, the main person in charge.
    The CBRC and its local bodies will be carried out in accordance with the public supervision and inspection. 13th no unit and individual shall forge, alter financial licenses.
    Financial institutions may not rent, lend, transfer of financial licence.
    14th the CBRC and its local agencies should strengthen the financial license of information management, establish management filing system, disclosure of financial information about the license according to law.
    15th financial institutions collect and replace the financial license, shall be paid to the regulator or its agency review fees, registration fees and other related fees. 16th article financial institutions violation this approach, has following behavior one of of, by China banking supervision Management Committee ordered deadline corrected, give warning; late not corrected of, can sentenced 30,000 yuan following fine; plot serious of, can canceled its directly is responsible for of senior management personnel of served qualification: (a) not by provides for led financial license; (ii) damaged financial license; (three) lost financial license and not to silver prison will report; (four) not in business places publicity financial license; (five) forged, and variable made, and
    Rent, lend, transfer of financial licenses.
    17th commercial lease, lend, transfer of financial licenses, in accordance with the People's Republic of China commercial bank law, the relevant provisions for punishment.
    Article 18th counterfeit or altered financial license of commercial banks, in accordance with the People's Republic of China commercial bank law and other related laws and regulations for punishment. Article 19th financial license uniformly printed by the China Banking Regulatory Commission and management.
    Banking Regulatory Commission in accordance with the license code method to print financial license, issued when the China Banking Regulatory Commission or its agency unit seal with efficiency. Financial licenses should be kept as an important document to manage.
    License storage, printing, issuing functions should be separated from each other and interact, and establishment of financial system of licensing, collection and destruction of registration.
    For financial licensing and regulation of waste permits, recover the old identity, according to surrender and revocation of permits should be stamped "void" chapter, as an important blank vouchers specifically close periodically destroyed. 20th article of the rules take effect on July 1, 2003.

    Other relevant provisions conflict with the present measures, these measures shall prevail. Annex: financial institution permits encoding scheme financial institutions on the financial license code, reference to the identity card and national standards the national clearing codes of (GB13497-92) in a number of principles and methods of preparation, spirit of unity and the principle of specification, easy to recognize, easy to manage system. In cards and print financial licenses, codes can be automatically generated by the computer system of financial institutions, individual parts by hand amendments. Full set of codes composed of 2 letters and 12-bit numbers, a total of 14, in order from left to right. Diagram is as follows: (a) (ii) (iii) (iv) (v) (vi) (VII) (VIII) (IX) (x) (11) (12) (13) (14) (a) category code in a financial institution, represented by capital letters.
    A, – policy sex Bank, and b – commercial banks, and c – housing savings bank, and d – city commercial banks, and f – city credit unions (containing Association), and g – rural commercial banks (including rural cooperation Bank) and the rural credit unions (containing Association), and h – credit card company, and I – postal savings institutions, and k – trust and investment companies, and l – group financial company, and m – financial rental company, and w – foreign bank, and y – foreign non-bank financial institutions, and z – other class financial institutions. (B) is a legal person or branch code.
    "1" is a legal person financial institutions, "2" for unincorporated subdivisions.
    (C), (d) is approved agency code (applicable to Chinese entities), the newly established institutions in order. A, class: 01 – National Development Bank, and 02 – China import and export Bank, and 03 – China Agricultural Development Bank b class: 01 – ICBC, and 02 – agricultural Bank of China, and 03 – Bank of China, and 04 – China Construction Bank, and 05 – traffic Bank, and 06 – CITIC Industrial Bank, and 07 – China Everbright Bank, and 08 – Chinese Bank, and 09 – China livelihood Bank, and 11 – Investment Bank, and 12 – Guangdong Development Bank, and 13 – Societe Generale Bank, and 14 – Shenzhen Development Bank, and 15 – Shanghai Pudong Development Bank, and 16 – constant Feng Bank c class: 01 – d class: City commercial banks f class: City credit unions (containing Association) 01 – Association, and 02 – Credit Union g class: rural credit unions (containing Association) 01 – Association, and 02 – Credit Union, and 03 – rural commercial banks (rural cooperation Bank) I class: postal savings institutions k class: 01 – silver prison will directly regulatory of trust and investment companies, and 02 – except silver prison will directly regulatory outside of trust and investment companies l class: financial company 01 – Direct supervision by the CBRC, 02 – with the exception of the finance companies the CBRC directly regulate finance companies

    Category m: 01 – financial leasing companies the CBRC directly supervised financial leasing companies, 02 – apart from the direct supervision of the CBRC, financial leasing company, z-class: 01-financial asset management corporations (e) is the approval authority code (for Chinese).
    Approval authority code of Chinese financial institutions, such as the approval authority for the CBRC, marked "1"; feeder branch of CBRC approval authority, marked "2"; and approval authority for the CBRC, labeled "3".
    (C), (e) was approved by the foreign investment agency code (for foreigners), the newly established institutions in order.
    W class: foreign banks registered in China, legal institutions and branches of foreign banks, Sino-foreign joint venture Bank corporate bodies y: foreign-owned finance companies, foreign financial companies, foreign leasing companies, foreign investment trust companies (vi), (IX) is a financial institution address code, using the national clearing codes of (GB13497-92) the address in the encoding method of the code. (J) the Organization category codes in a financial institution, represented by capital letters.
    H (Headquarter), Head Office (Headquarters), b (branch), branches (or Division), s (sub – branch)-branch, o (others), other branches. (11), (14) is the sequence number of the financial institution for the permit.
    Each financial institution is a serial number, the same areas (urban and rural credit cooperatives () as a unit, other financial institutions for the province as a unit), the financial institutions shall be numbered consecutively in the same category, not full or empty. New methods of coding sequence of code in accordance with counterparts. Financial institutions, in addition to name changes, still using the original code. Source code should be written off by the closed financial institutions, shall no longer be used. Several financial institutions to merge, leaving only the code that is responsible for the formation of financial institutions.
    As financial institutions license loss, replacement license code is not changed, its serial number is different.
                                                                                                              The encoding will be used in conjunction with computer systems development, before the new system is not used, the CBRC approval authority shall be prepared in accordance with the above-mentioned methods of financial institutions within its jurisdiction code.

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