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China Banking Regulatory Commission Implementation Of Administrative Licensing Matters Concerning Foreign-Funded Banks Procedures (Revised)

Original Language Title: 中国银监会外资银行行政许可事项实施办法(修订)

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  First chapter General first article for specification silver prison will and sent institutions implementation foreign bank administrative license behavior, clear administrative license matters, and conditions, and program 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 commercial banks method, and People's Republic of China administrative license method, and People's Republic of China Foreign Bank Management Ordinance, legal, and administrative regulations and the State about decided, developed this approach. Article II foreign banks included in these measures: the foreign-funded banks and Sino-foreign joint venture banks and branches of foreign banks and foreign Bank representative offices. Foreign-funded banks and Sino-foreign joint venture banks, branches of foreign banks collectively foreign banking institutions.

Representative Office of a foreign bank is a Bank representative office supervised by the CBRC.

Article CBRC and its local agencies in accordance with this approach and the China Banking Regulatory Commission for the implementation of administrative licensing procedures regulations, the implementation of administrative licensing to foreign banks.

Fourth foreign banks the following matters shall be approved by the CBRC and its local agencies administrative license: institutions, institutional change, termination, business scope, the qualifications of Directors and senior management, as well as the laws, administrative rules and regulations and the decisions of other administrative licensing items. Fifth article this approach by said carefully sex conditions, at least including following content: (a) has good of industry reputation and social image; (ii) has good of continued business performance, assets quality good; (three) management layer has good of professional quality and management capacity; (four) has sound of risk management system, can effective control various risk; (five) has sound of internal control system and effective of management information system; (six) according to carefully accounting principles prepared financial accounting report,

And accountants firm on financial accounting report holding no retained views; (seven) no major illegal violations records and for internal management problem led to of major case; (eight) has effective of human resources management system, has high quality of professional talent; (nine) has on China territory institutions activities for management, and support of experience and capacity; (ten) has effective of capital constraints and capital added mechanism; (11) has sound of company governance structure; (12) legal, and administrative regulations and silver prison will provides of other carefully sex conditions.

Subsection (I), (j) and (11) apply only to foreign-owned banks and their shareholders and foreign banks, Sino-foreign joint venture banks and shareholders. The sixth foreign bank name should include the name and foreign name. Branches of foreign banks and the name shall be indicated in a foreign bank Representative Office of the foreign bank of the nationality and form of liability. Nationality is subject to foreign banks registered in, such as the names reflect the nationality of a foreign bank, is not repeated. As foreign banks form for unlimited liability, liability form is omitted part of the name.

Hong Kong, Macao and Taiwan banks in the Mainland in the area of/name of the Chinese mainland to set up branch agencies only have to indicate the form of liability. The seventh information requested herein, in addition to an annual report, where written in foreign language, shall be accompanied by a Chinese translation.

In both Chinese and English text edition of the annual report should be accompanied by a translation in English or Chinese.

Annual report shall be audited in these measures, together with the applicant's country or region authorized accounting firms audit opinion issued by the.

The eighth information requested herein, if signed by authorized signatory shall be submitted to the authorization of the authorized signatory.

This approach requirements submitted of license copies, and business financial business license file copies, and authorized book, and foreign bank on its in China territory branch bear tax and debt responsibility of guarantee, should by where national or area recognized of institutions notary, and by China standing the country Embassy, and consulates certification, but China business administration organ issued of license copies without notary, and China territory notary institutions issued of notary material without certification.

The CBRC, as necessary, may require the applicant to submit the application for other information by the host country or regional institutions recognized by the notary, and the Chinese embassies or consulates in the country.

Second chapter institutions established first section foreign owned bank, and Sino-foreign joint venture Bank established ninth article intends established of foreign owned bank, and Sino-foreign joint venture Bank should has following conditions: (a) has meet People's Republic of China company law, and People's Republic of China commercial banks method and People's Republic of China Foreign Bank Management Ordinance provides of articles; (ii) registered capital should for real paid capital, minimum limit for 1 billion Yuan Yuan or equivalent of free 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 organization institutions and management system; (five) has and business business phase adapted of business places, and security prevention measures and other facilities; (six) has and business business phase adapted of information technology schema, has support business business of necessary, and security and collection rules of information technology system, has guarantees information technology system effective security run of technology and measures.

Tenth article intends set foreign owned bank, and Sino-foreign joint venture Bank of shareholders, should has following conditions: (a) has continued profit capacity, reputation good, no major illegal violations records; (ii) has effective of anti-money-laundering system, but China non-financial institutions shareholders except; (three) foreign shareholders has engaged in international financial activities of experience, by where national or area financial regulatory authorities of effective regulatory, and its application by where national or area financial regulatory authorities agreed;

(D) the prudential requirements provided for in article fifth.

Of the proposed wholly foreign-funded Bank shareholders, regions or countries where the foreign shareholders of Sino-foreign joint venture Bank shall be good, equipped with a sophisticated system of financial supervision and regulation, and the financial supervision authority has with the CBRC to establish good cooperation on supervision and management mechanism.

11th article intends set foreign owned bank of shareholders should for financial institutions, except should has this approach tenth article provides of conditions outside, which only or holding shareholders also should has following conditions: (a) for commercial banks; (ii) proposed established application Qian 1 years end total assets not less than 10 billion dollars, Hong Kong, and Macau area of Bank proposed established application Qian 1 years end total assets not less than 6 billion dollars; (three) capital sufficient rate meet where national or area financial regulatory authorities and silver prison will of provides.

12th article intends set Sino-foreign joint venture Bank of shareholders except should has this approach tenth article provides of conditions outside, foreign shareholders and the China only or main shareholders should for financial institutions, and foreign only or main shareholders also should has following conditions: (a) for commercial banks; (ii) proposed established application Qian 1 years end total assets not less than 10 billion dollars, Hong Kong, and Macau area of Bank proposed established application Qian 1 years end total assets not less than 6 billion dollars;

(C) capital adequacy in line with national or regional financial supervisory authority and the provisions of the CBRC.

13th article this approach 12th article by said main shareholders, is refers to holds intends set Sino-foreign joint venture bank capital total or shares total 50% above, or not holds capital total or shares total 50% above but has following case one of of commercial banks: (a) holds intends set Sino-foreign joint venture Bank half above of voting; (ii) right to control intends set Sino-foreign joint venture Bank of financial and business policy; (three) right to appointment intends set Sino-foreign joint venture Bank Board or similar power institutions of most members;

(D) the proposed Sino-foreign joint venture Bank's Board of directors or similar authority over half of voting.

Sino-foreign joint venture Bank's main shareholders are proposed should be proposed Chinese-foreign joint venture Bank into the scope of tables.

14th article has following case one of of, shall not as intends set foreign owned bank, and Sino-foreign joint venture Bank of shareholders: (a) company governance structure and mechanism exists obviously defects; (ii) equity relationship complex or transparency low; (three) associated Enterprise many, associated trading frequently or exception; (four) core business not highlight or business range involved industry too much; (five) cash flow fluctuations by economic environment effect larger; (six) assets liabilities rate, and financial lever rate above industry average level;

(G) the generation of foreign-funded banks, Sino-foreign joint venture bank owned by others and (VIII) other circumstances that have a significant adverse impact on the proposed Bank.

15th to set up foreign-funded banks, Sino-foreign joint venture Bank is divided into preparation and opened in two stages.

16th to build applications for foreign-funded banks, Sino-foreign joint venture Bank, location of the proposed branch banking regulatory Bureau receives and, the China Banking Regulatory Commission review and decision in the first instance.

Apply for establishing foreign-funded banks, Sino-foreign joint venture Bank, the applicant shall submit to the proposed local banking regulatory Bureau application, with a copy to the proposed place of institutions of the CBRC. Place of proposed banking Board shall from the date of acceptance of the 20th within the application data together with comments submitted to the CBRC. The CBRC shall, within 6 months from the date of receiving the complete application documents, the decision whether or not to grant, and notify the applicant in writing. Decided not to grant, and shall state the reasons.

Under special circumstances, the CBRC may extend the review period, and notify the applicant in writing, but the extension period shall not exceed 3 months.

17th article application preparation foreign owned bank, and Sino-foreign joint venture Bank, applicants should to intends set institutions location silver prison Council submitted following application information (a type two copies), while cc intends set institutions location silver prison will sent institutions (a copies): (a) the shareholders Chairman or President (CEO, and General Manager) joint signed of to silver prison will President of preparation applications, content including intends set institutions of name, and location, and registered capital, and application business of business type, and the shareholders name and funded proportion,;

(Ii) feasibility research report, content at least including applicants of basic situation, and on intends set institutions of market prospects analysis, and business development planning, and organization management structure, and opened Hou 3 years of assets liabilities scale and profit and loss forecast, and business business related of information system, and data center and the network construction preliminary planning; (three) intends set institutions of articles draft; (four) intends set institutions the shareholders signed of joint venture contract, but single shareholders of foreign owned bank except; (five) intends set institutions the shareholders of articles; (F) the proposed establishment of institutions ' shareholders and the Group's organization chart, list of major shareholders, overseas subsidiaries and associated companies, (VII) the shareholder of the proposed Branch annual reports of the last 3 years;
(VIII) the shareholder of the proposed mechanism anti-money-laundering regime, Chinese partner for non-financial institutions, not to provide anti-money laundering regime; (IX) institutions to be established in China, signed by the shareholders long term continuous operation and the proposed agency letter of commitment to the implementation of effective management;

(Ten) intends set institutions foreign shareholders where national or area financial regulatory authorities issued of license or business financial business license file of copies and the on its application of submissions; (11) initial established foreign owned bank, and Sino-foreign joint venture Bank of, should submitted foreign shareholders where national or area financial system situation and about financial regulatory regulations of summary; (12) silver prison will requirements of other information. 18th applicant shall from the date it received planning approval to proposed in the 15th place opened to receive the application form of the CBRC, started work.

Preparing 6 months from the date on which the period is allowed to prepare. Applicant is not completed within 6 months of preparatory work should be under construction before the expiry of 1 month to the proposed place of report of the CBRC.

Build an extension for a maximum period of 3 months.

The applicant shall submit applications for approval before the expiry of the period prescribed in the preceding paragraph, overdue, failure of planning approval documents. 19th foreign-funded banks, Sino-foreign joint venture Bank to be established after the preparatory work is complete, should apply to the local banking regulatory Bureau to be established acceptance. Upon acceptance, can apply for the opening.

Applications for foreign-funded banks and Sino-foreign joint venture banks, and location of the proposed branch banking regulatory Bureau to receive, review and decision. Proposed wholly foreign-funded banks, Sino-foreign joint venture Bank applications for a licence should be submitted to the local banking regulatory Bureau to be established for information, with a copy to the proposed place of institutions of the CBRC. Place of proposed banking Board shall, within 2 months from the date of acceptance, and to approve or disapprove the opening decision and notify the applicant in writing and reported to the CBRC.

Decided not to grant, and shall state the reasons. 20th article intends set foreign owned bank, and Sino-foreign joint venture Bank application opened, should will opened acceptance qualified submissions together with following application information submitted intends set institutions location silver prison Council (a type two copies), while cc intends set institutions location silver prison will sent institutions (a copies): (a) preparatory group head signed of to silver prison will President of opened application book, content including intends set institutions of name, and residence, and registered capital, and business range, and the shareholders and holding proportion, and intends any Chairman and President (CEO, and General Manager) of name,; and intends set foreign owned bank, and Sino-foreign joint venture Bank in same city has representative at of, should while application close representative at; (ii) opened application table; (three) intends any Chairman, and President (CEO, and General Manager) served qualification approved by needed of related information; (four) opened Qian audit report and statutory inspection funding institutions issued of inspection funding proved; (five) intends set institutions organization structure figure, and the post duties description, and internal authorized and reported route; (six) intends set institutions personnel list, and

Resume and training records; (seven) intends set institutions of articles draft and in China territory law established of lawyer firm issued of on articles draft of legal submissions; (eight) business places of security, and fire facilities of qualified proved or related proved copies; (nine) business places of ownership proved, and right proved or rental contract of copies; (ten) silver prison will requirements of other information.

21st solely foreign-funded banks, Sino-foreign joint venture Bank shall on receipt of the approval documents and receive a financial license after the opening, to register with the Administrative Department for industry and commerce to obtain business licenses. Foreign-funded banks, Sino-foreign joint venture Bank shall, within 6 months from the date of business license business. Failed to open on schedule, should be opened before the expiration of 1 month to a foreign-owned bank or Chinese-foreign joint venture Bank institutions of the CBRC report.

Open extension of the maximum period of 3 months.

Foreign-funded banks, Sino-foreign joint venture Bank is not opened within the period prescribed in the preceding paragraph, opening failure of approval documents, opened by authorities cancellation of business license and to recover their financial licenses, and make an announcement.

Section II 22nd restructuring of foreign bank branches into solely foreign-funded banks foreign bank branches in China by its conversion to wholly foreign-funded Bank funded by the separate, shall comply with the conditions for the establishment of wholly foreign-owned banks in these measures, commitments in China is long-term sustainable and effective management of the proposed wholly foreign-funded Bank.

23rd foreign bank branches in China by its conversion to wholly foreign-funded Bank funded by the separate, divided into restructuring to build and opened in two stages.

24th foreign bank branches in China by its conversion to wholly foreign-funded Bank funded by the separate applications, location of the proposed branch banking regulatory Bureau receives and, the China Banking Regulatory Commission review and decision in the first instance.

Restructured applications to build solely foreign-funded Bank, the applicant shall submit to the proposed local banking regulatory Bureau restructured to build applications, with a copy to the seat of the branch of a foreign bank in China all institutions of the CBRC. Place of proposed banking Board shall from the date of acceptance of the 20th within the application data together with comments submitted to the CBRC. The CBRC shall, within 6 months from the date of receiving the complete application documents, to approve or disapprove the reform to build a decision and notify the applicant in writing. Decided not to grant, and shall state the reasons.

Under special circumstances, the CBRC may extend the review period, and notify the applicant in writing, but the extension period shall not exceed 3 months. 25th article application restructuring preparation foreign owned bank, applicants should to intends set institutions location silver prison Council submitted following restructuring preparation application information (a type two copies), while cc the foreign bank in China territory all branch location silver prison will sent institutions (the a copies): (a) applicants Chairman or President (CEO, and General Manager) signed of to silver prison will President of applications, content including intends set foreign owned bank and branch institutions of name, and location, and registered capital or operating funds, and

Application business of business type,; as while application increased registered capital, should marked intends increased of registered capital amount and the currency species; (ii) feasibility research report and the institutions restructuring plans, content at least including applicants of basic situation, and on intends set institutions of market prospects analysis, and business development planning, and organization management structure, and opened Hou 3 years of assets liabilities scale and profit and loss forecast, and business business related of information system, and data center and the network construction preliminary planning; (three) intends set institutions of articles draft; (Four) applicants on will China territory branch restructuring for by its separate funded of foreign owned bank of Board resolution; (five) applicants Chairman or President (CEO, and General Manager) signed of agreed by intends set foreign owned Bank inherited original in China territory branch claims, and debt and the tax of views letter and on restructuring Seiji Maehara China territory branch of claims, and debt and the tax bear joint responsibility of commitment letter; (six) applicants Chairman or President (CEO, and

General Manager) signed of in China territory long-term continued business and on intends set foreign owned bank implementation effective management of commitment letter, content including allows intends set foreign owned bank using its business reputation, and on intends set foreign owned bank provides capital, and management and technology support,; (seven) applicants proposed application Qian 2 years in China territory all branch by audit of merged financial accounting report; (eight) applicants where national or area financial regulatory authorities on its China territory branch restructuring of submissions; (nine) applicants recently 3 years annual report;

(J) other documents required by the CBRC. 26th the applicant shall within 15th reform planning documents of ratification date of receipt to the place of the proposed wholly foreign-funded Bank to receive applications for approval of the CBRC table, start preparatory work.

Establishment date of the restructuring period is allowed to prepare for 6 months. Applicant is not completed within 6 months of restructuring work, should be under construction before the expiry of 1 month to the location of the proposed wholly foreign-funded Bank institutions of the CBRC report and copy of the original seat of the branch of a foreign bank institutions of the CBRC.

Build an extension for a maximum period of 3 months.

The applicant shall submit applications for approval before the expiry of the period prescribed in the preceding paragraph, overdue reform failure of planning approval documents. The 27th after a proposed wholly foreign-funded Bank, complete the preparation, shall apply to the local banking regulatory Bureau to be established acceptance. Upon acceptance, can apply for the opening.

Applications for approval by the local banking regulatory Bureau to be established to receive and review, China Banking Regulatory Commission review and decision.

From branches of foreign banks in China ' s reform of wholly foreign-owned bank applications for a licence shall submit to the local banking regulatory Bureau to be established applications, with a copy to the original location of the branch of a foreign bank institutions of the CBRC. Place of proposed banking Board shall from the date of acceptance of the 20th within the application data together with comments submitted to the CBRC. The CBRC shall, within 2 months from the date of receiving the complete application documents, to approve or disapprove the opening decision and notify the applicant in writing.

Decided not to grant, and shall state the reasons. 28th article by foreign bank in China territory branch restructuring of foreign owned bank application opened, should will opened acceptance qualified submissions together with following application information submitted intends set institutions location silver prison Council (a type two copies), while cc original foreign bank branch location silver prison will sent institutions (the a copies): (a) preparatory group head signed of to silver prison will President of opened application book, content including intends set foreign owned bank and branch institutions name, and residence or business address, and Registered capital and branch institutions of operating funds, and application business of business type, and intends any Chairman, and President (CEO, and General Manager) and the points branch President of name,; (ii) intends into intends set foreign owned bank of assets, and liabilities and owner interests of listing, intends set foreign owned bank of simulation balance sheet, and profit and loss table, and loan quality five level classification situation table, and loan loss prepared amounts; (three) restructuring completed situation of description; (four) lawyer firm issued of on contract transfer legal submissions, For not has transfer conditions of contract, should on Bank developed of emergency plans proposed legal views; (five) opened Qian audit report and statutory inspection funding institutions issued of inspection funding proved; (six) intends set foreign owned bank of articles draft and in China territory law established of lawyer firm issued of on articles draft of legal submissions; (seven) intends set foreign owned bank organization structure figure, and the post duties description, and internal authorized and reported route; (eight) intends set foreign owned bank personnel list, and resume and training records;
(I) the proposed wholly foreign-funded Bank Chairman and President (CEO, General Manager) and wholly foreign-funded Bank Branch Manager, management information of branch manager required for the qualification approval and (j) other documents required by the CBRC. 29th foreign bank branches in China by its conversion to wholly foreign-funded Bank funded by the separate, shall on receipt of the approval documents after the opening back to the original financial license of a foreign bank branches, for the new financial license, to register with the Administrative Department for industry and commerce to obtain business licenses.

Original branch of a foreign bank shall by law to industrial and commercial administration authorities for cancellation of registration. Article 30th by the restructuring of foreign bank branches of foreign-owned banks should be since the date of business license within 6 months of opening. Failed to open on schedule, should be opened before the expiration of 1 month to a wholly foreign-funded Bank institutions of the CBRC report.

Open extension of the maximum period of 3 months.

Foreign-owned banks are not opened within the period prescribed in the preceding paragraph, opening failure of approval documents, opened by authorities cancellation of business license and to recover their financial licenses, and make an announcement.

Third section foreign bank branch established 31st article established foreign bank branch, applicants should has following conditions: (a) has continued profit capacity, reputation good, no major illegal violations records; (ii) has engaged in international financial activities of experience; (three) has effective of anti-money-laundering system; (four) by where national or area financial regulatory authorities of effective regulatory, and its application by where national or area financial regulatory authorities agreed;

(E) establishment of assets at the end of the 1 year prior to the application of not less than 20 billion dollars, Hong Kong and Macao banks set up assets at the end of the 1 year prior to the application of not less than US $ 6 billion; (vi) capital adequacy in line with national or regional financial supervisory authority and the provisions of the CBRC; (g) the prudential requirements provided for in article fifth.

Establishment of a branch of a foreign bank, the applicant should be free to branch to be established no less than 200 million yuan renminbi or equivalent in freely convertible currency working capital; the proposed branch of the foreign bank's home country or region should be good, equipped with a sophisticated system of financial supervision and regulation, and the financial supervision authority has with the CBRC to establish good cooperation on supervision and management mechanism.

Article 32nd branch of a foreign bank in China added, in addition shall meet the conditions provided for in article 31st of this approach, which has set up a branch in China, should run in good condition, the main regulatory indicators to meet regulatory requirements and compliance with prudential requirements prescribed by the CBRC.

33rd the establishment of foreign bank branches into construction and opened in two stages.

Article 34th to build applications for foreign bank branches, location of the proposed branch banking regulatory Bureau receives and, the China Banking Regulatory Commission review and decision in the first instance.

Apply for establishing branches of foreign banks, the applicant shall submit to the proposed local banking regulatory Bureau application, with a copy to the proposed place of institutions of the CBRC. Place of proposed banking Board shall from the date of acceptance of the 20th within the application data together with comments submitted to the CBRC. The CBRC shall, within 6 months from the date of receiving the complete application documents, the decision whether or not to grant, and notify the applicant in writing. Decided not to grant, and shall state the reasons.

Under special circumstances, the CBRC may extend the review period, and notify the applicant in writing, but the extension period shall not exceed 3 months. 35th article application preparation foreign bank branch, applicants should to intends set institutions location silver prison Council submitted following application information (a type two copies), while cc intends set institutions location silver prison will sent institutions (a copies): (a) applicants Chairman or President (CEO, and General Manager) signed of to silver prison will President of preparation applications, content including intends set institutions of name, and location, and operating funds, and application business of business type,; (ii) feasibility research report, content including applicants of basic situation, and

On intends set institutions of market prospects analysis, and business development planning, and organization management structure, and opened Hou 3 years of assets liabilities scale and profit and loss forecast,; (three) applicants articles; (four) applicants and where Group of organization structure figure, and main shareholders list, and overseas branch institutions and associated enterprise list; (five) applicants recently 3 years annual report; (six) applicants of anti-money-laundering system;

(VII) the applicant issued by the financial supervision authority of the country or region in which business license or financial business license copy of the document and the submission of its application; (h) the establishment of branches of foreign banks for the first time, and country or region where the applicant shall be submitted to the financial system and for a summary of financial regulation; (IX) other documents required by the CBRC. 36th applicant shall from the date it received planning approval to proposed in the 15th place opened to receive the application form of the CBRC, started work.

Preparing 6 months from the date on which the period is allowed to prepare. Applicant is not completed within 6 months of preparatory work should be under construction before the expiry of 1 month to the proposed place of report of the CBRC.

Build an extension for a maximum period of 3 months. The applicant shall submit applications for approval before the expiry of the period prescribed in the preceding paragraph.

Overdue, failure of planning approval documents. 37th after you complete the preparation of the proposed foreign bank branch, shall apply to the local banking regulatory Bureau to be established acceptance. Upon acceptance, can apply for the opening.

Applications for approval of foreign bank branches, location of the proposed branch banking regulatory Bureau to receive, review and decision.

Foreign bank branches are proposed applications for a licence should be submitted to the local banking regulatory Bureau to be established application, with a copy to the proposed place of institutions of the CBRC. Place of proposed banking Board shall, within 2 months from the date of acceptance, and to approve or disapprove the opening decision and notify the applicant in writing and reported to the CBRC.

Decided not to grant, and shall state the reasons. 38th article intends set foreign bank branch application opened, should will opened acceptance qualified submissions together with following application information submitted intends set institutions location silver prison Council (a type two copies), while cc intends set institutions location silver prison will sent institutions (a copies): (a) preparatory group head signed of to silver prison will President of opened application book, content including intends set institutions of name, and business address, and operating funds, and business range, and intends any branch President name,; in intends set branch same city has representative at of, Should while application close representative at; (ii) opened application table; (three) intends any foreign bank branch President served qualification approved by needed of related information; (four) opened Qian audit report and statutory inspection funding institutions issued of inspection funding proved; (five) foreign bank on intends set branch bear tax, and debt responsibility of guarantee; (six) intends set branch organization structure figure, and the post duties description, and internal authorized and reported route; (seven) intends set branch personnel list, and resume and training records; (eight) business places of security, and

Fire certificates or copies of relevant certificates; (I) proof of ownership of the business premises, use right certificate or copy of lease contracts and (j) other documents required by the CBRC.

39th a foreign bank branch shall on receipt of the approval documents and receive a financial license after the opening, to register with the Administrative Department for industry and commerce to obtain business licenses. Branch of a foreign bank shall, within 6 months from the date of business license business. Failed to open on schedule, should be opened before the expiration of 1 month to the local bodies of the CBRC report.

Open extension of the maximum period of 3 months.

Branch of a foreign bank is not opened within the period prescribed in the preceding paragraph, opening failure of approval documents, opened by authorities cancellation of business license and to recover their financial licenses, and make an announcement.

Fourth section foreign owned bank, and Sino-foreign joint venture Bank under branch established 40th article foreign owned bank, and Sino-foreign joint venture Bank under branch, should has following conditions: (a) free dial to intends set branch operating funds, dial to the branch institutions operating funds of sum, shall not over head office capital total of 60%; (ii) main regulatory index reached regulatory requirements; (three) silver prison will provides of carefully sex conditions.

41st establishing branches of foreign-funded banks, Sino-foreign joint venture bank branches is divided into preparation and opened in two stages. 42nd banking supervision direct supervision of foreign-funded Bank branch, Sino-foreign joint venture Bank branch construction application, accepted by the CBRC, review and decision.

Other branches of foreign-funded banks, Sino-foreign joint venture bank branches to build applications, location of the proposed branch banking regulatory Bureau to receive, review and decision.

Apply for establishing branches of foreign-funded banks, Sino-foreign joint venture bank branches, the applicant shall be filed with the regulator or where the proposed branch of CBRC application information submitted, with a copy to the proposed place of institutions of the CBRC. The CBRC or where the proposed branch banking Board shall, within 6 months from the date of acceptance, make the decision whether or not to grant, and notify the applicant in writing. Decided not to grant, and shall state the reasons.

Under special circumstances, the CBRC or where the proposed branch banking Board may extend the review period, and notify the applicant in writing, but the extension period shall not exceed 3 months.

43rd article application preparation foreign owned bank branch, and Sino-foreign joint venture Bank branch, applicants should to silver prison will or intends set institutions location silver prison Council submitted following application information (a type two copies), while cc intends set institutions location silver prison will sent institutions (a copies): (a) applicants Chairman or President (CEO, and General Manager) signed of to silver prison will President of preparation applications, content including intends set institutions of name, and location, and operating funds, and application business of business type,;

(Ii) feasibility research report, content including applicants of basic situation, and on intends set institutions of market prospects analysis, and business development planning, and organization management structure, and opened Hou 3 years of assets liabilities scale and profit and loss forecast,; (three) applicants articles; (four) applicants annual report; (five) applicants anti-money-laundering system; (six) applicants license copies; (seven) applicants on agreed established branch of Board resolution; (eight) silver prison will requirements of other information. 44th the applicant shall from the date it received planning approval to proposed in the 15th place opened to receive the application form of the CBRC, started work. Preparing 6 months from the date on which the period is allowed to prepare.
Applicant is not completed within 6 months of preparatory work should be under construction before the expiry of 1 month to the proposed place of report of the CBRC.

Build an extension for a maximum period of 3 months.

The applicant shall submit applications for approval before the expiry of the period prescribed in the preceding paragraph, overdue, failure of planning approval documents. Article 45th proposed wholly foreign-funded Bank branch, Sino-foreign joint venture Bank branch after you complete the preparation, shall apply to the local banking regulatory Bureau to be established acceptance. Upon acceptance, can apply for the opening.

Opening of branches of foreign-funded banks, Sino-foreign joint venture Bank branch applications where the proposed branch banking regulatory Bureau to receive, review and decision.

Proposed establishment of branches of foreign-funded banks, Sino-foreign joint venture Bank branch applications for a licence shall submit to the local banking regulatory Bureau to be established applications, with a copy to the proposed place of institutions of the CBRC. Place of proposed banking Board shall, within 2 months from the date of acceptance, and to approve or disapprove the opening decision and notify the applicant in writing and reported to the CBRC.

Decided not to grant, and shall state the reasons.

46th article intends set foreign owned bank branch, and Sino-foreign joint venture Bank branch application opened, should will opened acceptance qualified submissions together with following application information submitted intends set institutions location silver prison Council (a type two copies), while cc intends set institutions location silver prison will sent institutions (a copies): (a) preparatory group head signed of to silver prison will President of opened application book, content including intends set institutions of name, and business address, and operating funds, and business range, and intends any branch President name,; (ii) opened application table;

(Three) intends any branch President served qualification approved by needed of related information; (four) opened Qian audit report and statutory inspection funding institutions issued of inspection funding proved; (five) business places of security, and fire facilities of qualified proved or related proved copies; (six) intends set institutions organization structure figure, and the post duties description, and internal authorized and reported route; (seven) intends set institutions personnel list, and resume and training records; (eight) business places of ownership proved, and right proved or rental contract of copies;

(IX) other documents required by the CBRC.

47th wholly foreign-owned bank branches, Sino-foreign joint venture Bank branch shall on receipt of the approval documents and receive a financial license after the opening, to register with the Administrative Department for industry and commerce to obtain business licenses. Foreign-owned banks, Sino-foreign joint venture Bank branch shall, within 6 months from the date of business license business. Failed to open on schedule, should be opened before the expiration of 1 month to the local bodies of the CBRC report.

Open extension of the maximum period of 3 months.

Foreign-owned banks, Sino-foreign joint venture bank branches is not opened within the period prescribed in the preceding paragraph, opening failure of approval documents, opened by authorities cancellation of business license and to recover their financial licenses, and make an announcement. Branch establishment of the 48th branch in the fifth section, the applicant shall, where the proposed branch are provided in the same administrative divisions of the city branch or branches above institutions.

Same refers to the host cities and administrative divisions under the administrative division of the city. Hong Kong and Macao banks to set up branches in Guangdong province can apply for off-site branch established in Guangdong Province.

Hong Kong and Macao banks in the Mainland to set up wholly foreign-owned banks to set up branches in Guangdong province may apply for remote branch established in Guangdong Province. 49th article established branch, applicants should has following conditions: (a) official business 1 years above, assets quality good; Hong Kong, and Macau area of Bank in Guangdong Province within branch or Hong Kong, and Macau area of Bank in mainland established of foreign owned bank in Guangdong Province within branch official business 1 years above, assets quality good; (ii) has strong of internal control capacity, recently 1 years no major illegal violations behavior and for internal management problem led to of major case; Hong Kong, and

Macau area of Bank in Guangdong Province within branch or Hong Kong, and Macau area of Bank in mainland established of foreign owned bank in Guangdong Province within branch has strong of internal control capacity, recently 1 years no major illegal violations behavior and for internal management problem led to of major case; (three) has allocated operating funds of capacity; (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.

The 50th establishment branch, divided into preparation and opened in two stages.

51st branch in preparation of applications, and location of the proposed branch banking regulatory Bureau or authorized agencies of the CBRC to accept, review and decision.

Applications to build branches, the applicant shall, where the proposed branch banking office or the authorized bodies of the CBRC to build applications. Where the proposed branch banking regulatory Bureau or authorized agencies of the CBRC shall, within 3 months from the date of acceptance approval or not approval of the decision and notify the applicant in writing, with a copy to the CBRC and the proposed place of institutions of the CBRC.

Decided not to grant, and shall state the reasons. 52nd article application preparation branch, applicants should to intends set institutions location silver prison Council or by authorized of silver prison will sent institutions submitted following application information (a type two copies): (a) applicants authorized signed people signed of to intends set institutions location silver prison Council or by authorized of silver prison will sent institutions head of preparation applications, content including intends set branch of name, and location, and operating funds, and application business of business type,; (ii) feasibility research report, content including applicants of basic situation, and

On intends set institutions of market prospects analysis, and business development planning, and organization management structure, and opened Hou 3 years of assets liabilities scale and profit and loss forecast,; (three) applicants recently 1 years by audit of financial accounting report; Hong Kong, and Macau area of Bank in Guangdong Province within branch or Hong Kong, and Macau area of Bank in mainland established of foreign owned bank in Guangdong Province within branch recently 1 years by audit of financial accounting report; (four) intends set institutions Shang level management institutions recently 1 years new set institutions of business management situation;

(V) other documents required by the CBRC. 53rd applicant shall from the date it received planning approval to proposed in the 15th place opened to receive the application form of the CBRC, started work.

Preparing 6 months from the date on which the period is allowed to prepare. Applicant is not completed within 6 months of preparatory work, should be under construction before the expiry of 1 month to the proposed local banking regulatory Bureau or authorized agencies of the CBRC report.

Build an extension for a maximum period of 3 months.

The applicant shall submit applications for approval before the expiry of the period prescribed in the preceding paragraph, overdue, failure of planning approval documents. 54th branch after you complete the preparation is proposed shall be submitted where the proposed branch banking office or authorized body for acceptance of the CBRC. Upon acceptance, can apply for the opening.

Branch opening applications, location of the proposed branch banking regulatory Bureau or authorized agencies of the CBRC to accept, review and decision.

Proposed branch applications for a licence shall be filed with the proposed local banking regulatory Bureau or authorized to submit applications for information of the CBRC. Where the proposed branch banking regulatory Bureau or authorized agencies of the CBRC shall from the date of acceptance in the 30th, to approve or disapprove the opening decision and notify the applicant in writing. With a copy to the CBRC and the proposed place of institutions of the CBRC.

Decided not to grant, and shall state the reasons.

55th article intends set branch application opened, should will opened acceptance qualified submissions together with following application information submitted intends set institutions location silver prison Council or by authorized of silver prison will sent institutions (a type two copies): (a) preparatory group head signed of to location silver prison Council or by authorized of silver prison will sent institutions head of opened application book, content including intends set institutions of name, and business address, and operating funds, and business range, and intends any branch President of name,; (ii) opened application table; (Three) and business scale phase adapted of operating funds has allocated in place, statutory inspection funding institutions issued of inspection funding proved; (four) intends any management type Branch President served qualification approved by needed of related information; (five) intends set branch of organization structure figure, and the post duties description, and internal authorized and reported route; (six) intends set branch personnel list, and resume and training records; (seven) business places of ownership proved, and right proved or rental contract of copies; (eight) business places of security, and

Fire certificates or copies of relevant certificates; (IX) other documents required by the CBRC.

56th branch shall on receipt of the approval documents and receive a financial license after the opening, 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, should be opened before the expiration of 1 month to the local bodies of the CBRC report.

Open extension of the maximum period of 3 months.

Branch is not opened within the period prescribed in the preceding paragraph, opening failure of approval documents, opened by authorities cancellation of business license and to recover their financial licenses, and make an announcement.

Sixth section Foreign Bank representative at established 57th article established foreign Bank representative at, applicants should has following conditions: (a) has continued profit capacity, reputation good, no major illegal violations records; (ii) has engaged in international financial activities of experience; (three) has effective of anti-money-laundering system; (four) by where national or area financial regulatory authorities of effective regulatory, and its application by where national or area financial regulatory authorities agreed; (five) this approach fifth article provides of carefully sex conditions.

Where the proposed representative offices of foreign banks from countries or regions should be good, equipped with a sophisticated system of financial supervision and regulation, and the financial supervision authority has with the CBRC to establish good cooperation on supervision and management mechanism.

Article 58th of foreign banks in China have set up business agencies, apart from the representative office has been set up, and no additional representative offices, but the seat of the representative office to be established in order to comply with national and regional economic development strategies and policies related to the exception.

Additional representative offices in China by foreign banks, except subject to the conditions provided for in this way the 57th, its established institutions in China should be no major violation records.

Foreign banks in the same city may not at the same time with operational agencies and representative offices. 59th applications for foreign banks to set up representative offices, location of the proposed branch banking regulatory Bureau to receive, review and decision.
Foreign Bank applying for establishing a representative office, shall be submitted to the local banking regulatory Bureau to be established applications, with a copy to the proposed place of institutions of the CBRC. Place of proposed banking Board shall, within 6 months from the date of acceptance approval or the decision not to approve the establishment of, and notify the applicant in writing and reported to the CBRC.

Decided not to grant, and shall state the reasons. 60th article application established foreign Bank representative at, applicants should to intends set institutions location silver prison Council submitted following application information (a type two copies), while cc intends set institutions location silver prison will sent institutions (a copies): (a) applicants Chairman or President (CEO, and General Manager) signed of to silver prison will President of applications, content including intends set representative at of name, and location, and intends any Chief name,; (ii) representative at established application table; (three) feasibility research report,

Content including applicants of basic situation, and intends set representative at of purpose and plans,; (four) applicants articles; (five) applicants and where Group of organization structure figure, and main shareholders list, and overseas branch institutions and associated enterprise list; (six) applicants recently 3 years annual report; (seven) applicants anti-money-laundering system; (eight) applicants where national or area financial regulatory authorities issued of license or business financial business license file of copies and the on its application of submissions;

(Nine) intends any Chief served qualification approved by needed of related information; (ten) initial established representative at of, applicants should submitted by in China territory registered of banking financial institutions issued of and the foreign bank has established agent line relationship of proved, and applicants where national or area financial system situation and about financial regulatory regulations of summary; (11) silver prison will requirements of other information.

61st approved establishment of a representative office of a foreign bank shall use approval documents to register with the Administrative Department for industry and commerce. Representative Office of a foreign bank shall, where the proposed branch of CBRC approved the establishment within 6 months from the date of moving into a fixed office space.

Move into fixed work place should be to the local bodies of the CBRC shall submit the relevant material.

Representative Office of a foreign bank is not relocated to the Office within the time limit specified in the preceding paragraph, failure of approval document of the representative office.

Third chapter institutions change first section change registered capital or operating funds 62nd article foreign owned bank, and Sino-foreign joint venture Bank application change registered capital, and foreign bank branch application change operating funds, should has following conditions: (a) foreign owned bank and shareholders, and Sino-foreign joint venture Bank and shareholders and foreign bank of Board has resolution through change matters; (ii) foreign owned bank shareholders, and Sino-foreign joint venture Bank foreign shareholders where national or area financial regulatory authorities agreed its application. The 63rd banking supervision direct supervision of foreign-funded banks, Sino-foreign joint venture Bank changes its registered capital by the CBRC to accept, review and decision.

Other foreign-funded banks, Sino-foreign joint venture Bank changes its registered capital, foreign bank branches change applications for working capital, the local banking regulatory Bureau to receive, review and decision.

Foreign-funded banks and Sino-foreign joint venture Bank changes its registered capital, branches of foreign banks to apply for change of working capital, should be submitted to the CBRC or banking regulatory Bureau, where application data, copied to where bodies of the CBRC. The CBRC or home banking Board shall within 3 months from the date of acceptance, make the decision to approve or not approve the change, and notify the applicant in writing.

Decided not to grant, and shall state the reasons.

64th article foreign owned bank, and Sino-foreign joint venture Bank application change registered capital, and foreign bank branch application change operating funds, should to silver prison will or location silver prison Council submitted following application information (a type two copies), while CC location silver prison will sent institutions (a copies): (a) applicants Chairman or President (CEO, and General Manager) signed of to silver prison will President of applications, application to outside Yuan funds increased registered capital or operating funds of, should description Yuan funds of source;

(Ii) feasibility research report, content including change registered capital or operating funds Hou of business development planning, and funds uses, and on main regulatory index of effect,; (three) applicants and shareholders on change registered capital of Board resolution, foreign bank on change branch operating funds of Board resolution; (four) applicants shareholders and the foreign bank should submitted where national or area financial regulatory authorities on change matters of submissions, Sino-foreign joint venture Bank China shareholders for non-financial institutions of without submitted;

(V) other documents required by the CBRC.

65th foreign-funded banks, Sino-foreign joint venture banks are allowed to change the registered capital, foreign bank branches allowed to change working capital from the CBRC or location of CBRC approval decision within 30th of, the CBRC or where bodies of the CBRC to submit capital verification certificate issued by a statutory capital verification organization. Section II shareholders 66th banking supervision direct supervision of foreign-funded banks, Sino-foreign joint venture Bank shareholders or adjust the shareholding ratio of the application, accepted by the CBRC, review and decision.

Other foreign-funded banks, Sino-foreign joint venture Bank shareholders or adjust the shareholding ratio of the application, the local banking regulatory Bureau to receive and trial, China Banking Regulatory Commission review and decision.

The shareholders mentioned in the preceding paragraph shall include the transfer of shareholder equity, shareholders changed its name as well as another shareholder cases identified by the CBRC.

Foreign-funded banks, Sino-foreign joint venture Bank shareholders, proposed transferee or successor shall comply with the conditions provided for in article tenth of this approach to the 14th.

Foreign-funded banks, Sino-foreign joint venture Bank to apply for a change of shareholders or adjust the shareholder shall submit an application to the CBRC or banking regulatory Bureau, where information, copied to where bodies of the CBRC. The local banking regulatory Bureau to receive and trial, where banking Board shall from the date of acceptance of the 20th within the application data together with comments submitted to the CBRC. The CBRC shall accept or within 3 months from the date of receiving the complete application documents, make a decision to approve or not approve the change, and notify the applicant in writing.

Decided not to grant, and shall state the reasons. 67th article foreign owned bank, and Sino-foreign joint venture Bank application change shareholders or adjustment shareholders holding proportion, should to silver prison will or location silver prison Council submitted following application information (a type two copies), while CC location silver prison will sent institutions (a copies): (a) applicants Chairman or President (CEO, and General Manager) signed of to silver prison will President of applications; (ii) applicants on change matters of Board resolution; (three) applicants shareholders, and Intends by let party or inherited party on change matters of Board resolution; (four) applicants shareholders, and intends by let party or inherited party is financial institutions of, should submitted where national or area financial regulatory authorities on change matters of submissions; (five) applicants equity transfer party and intends by let party or inherited party signed of transfer (change) Agreement; (six) the shareholders and intends by let party or inherited party signed of joint venture contract, but single shareholders of foreign owned bank except; (seven) intends by let party or inherited party of articles, and

Organization structure figure, and main shareholders list, and overseas branch institutions and associated enterprise list, and recently 3 years annual report, and anti-money-laundering system, and where national or area financial regulatory authorities issued of license or business financial business license file of copies, Sino-foreign joint venture Bank intends by let China shareholders for non-financial institutions of, without submitted anti-money-laundering system; (eight) intends by let party or inherited party for foreign shareholders of, should submitted where national or area financial system situation and about financial regulatory regulations of summary;

(IX) other documents required by the CBRC.

68th foreign-funded banks, Sino-foreign joint venture banks being allowed to change or adjust the shareholding ratio of the shareholders shall be from the date of approval from the CBRC made a decision in the 30th, submission to the CBRC issued by a statutory capital verification organization certificate of capital verification and related transaction documents and copied where bodies of the CBRC. 69th article foreign owned bank, and Sino-foreign joint venture Bank change organization, and merged, and Division should meet People's Republic of China company law, and People's Republic of China commercial banks method and other legal, and administrative regulations and regulations of provides, and has following conditions: (a) foreign owned bank and shareholders, and Sino-foreign joint venture Bank and shareholders of Board has resolution through change matters; (ii) change matters of application has shareholders where national or area financial regulatory authorities agreed; (three) foreign owned bank, and

Sino-foreign joint venture Bank changes have been developing specific programmes.

Foreign-funded banks, Sino-foreign joint venture Bank shareholders merger, Division, change, the foreign-funded banks, Sino-foreign joint venture Bank shall, according to the CBRC called for adjustments.

70th foreign-funded banks, Sino-foreign joint venture Bank change organization, merger or Division of the application, accepted by the CBRC, review and decision.

Foreign-funded banks, Sino-foreign joint venture Bank to apply for a change of organization, merger, Division, an application shall be submitted to the CBRC data. The CBRC shall, within 3 months from the date of receiving the complete application documents, make a decision to approve or not approve the change, and notify the applicant in writing.

Decided not to grant, and shall state the reasons. 71st foreign-funded banks, Sino-foreign joint venture banks merge: merger and consolidation.

Merge subject to merge the preparation and merge the opening two stages.

Merger, merger parties shall, in accordance with changing conditions and material preparatory and merged for the merge request submitted to the CBRC opening application is absorbed in its sole discretion to terminate, shall, in accordance with the termination of conditions and material requirements for submitting applications to the China Banking Regulatory Commission; absorbed changes for Branch Office shall, in accordance with established criteria and material requirements for submitting applications to the China Banking Regulatory Commission.

Merger by new establishment, new Parties shall, in accordance with established criteria and material preparatory and merged for the merge request submitted to the CBRC opened applications for original foreign-funded banks, Sino-foreign joint venture Bank shall, in accordance with the termination of conditions and material requirements for submitting applications to the China Banking Regulatory Commission. 72nd foreign-funded banks, Sino-foreign joint venture Bank Division is divided into divisions and the existence of new Division.

Separation of discrete subject preparation and separation of the opening two stages. Separation of existence, neither party shall, in accordance with changing conditions and material requirements submitted to the CBRC split opening preparation and separation of the application; the new party should be in accordance with the established conditions and material requirements for submitting applications to the China Banking Regulatory Commission.
The new Division, new party shall, in accordance with established criteria and material requirements submitted to the CBRC split opening preparation and separation of the application; the original dissolution of foreign-funded banks, Sino-foreign joint venture Bank shall, in accordance with conditions and material requirements for submitting applications to the China Banking Regulatory Commission.

73rd article foreign owned bank, and Sino-foreign joint venture Bank application change organization, and merged, and Division, except should according to this approach 71st article, and 72nd article of provides submitted application information outside, also should to silver prison will submitted following application information (a type two copies): (a) applicants Chairman or President (CEO, and General Manager) signed of to silver prison will President of applications; (ii) on change organization, and merged, and Division of programme; (Three) applicants parties and shareholders on change matters of Board resolution; (four) applicants parties shareholders should submitted where national or area financial regulatory authorities on change matters of submissions, Sino-foreign joint venture Bank China shareholders for non-financial institutions of without submitted; (five) applicants parties shareholders signed of merged, and division agreement; applicants parties shareholders signed of joint venture contract, but single shareholders of foreign owned bank except; applicants parties shareholders of articles, and organization structure figure, and Board and the main shareholders list

Annual report, recent years; (vi) change form, the draft statutes of the Bank after the merger, Division and (VII) other documents required by the CBRC.

Application and should be about the change of the applicant organization, merger, Division programme of CC, seat of the applicant and its subsidiaries bodies of the CBRC (a copy of).

Section III amend the Constitution 74th solely foreign-funded banks, Sino-foreign joint venture Bank shall set out in its Charter change proposed revision of articles within 1 year after application.

Foreign owned bank, and Sino-foreign joint venture Bank modified articles only involved name, and residence, and equity, and registered capital, and business range and change matters has silver prison will or location silver prison Council approved of, not needed for modified articles of application, but should in silver prison will or location silver prison Council made above change matters approved decided of day up 6 months within will modified Hou of articles submitted silver prison will and the location silver prison Council.

The 75th foreign-funded banks, Sino-foreign joint venture Bank to apply for a revision of articles, subject to the following conditions: (a) foreign-owned banks and their shareholders, Sino-foreign joint venture Bank Board resolution by modifying the articles of Association and its shareholders, (ii) within the territory of China in accordance with the draft regulation at the law firm has established legal opinions. 76th CBRC direct supervision of foreign-funded banks, Sino-foreign joint venture Bank amended application, accepted by the CBRC, review and decision.

Other foreign-funded banks and Sino-foreign joint venture banks to modify the application of the regulation, the local banking regulatory Bureau to receive, review and decision.

Foreign-funded banks, Sino-foreign joint venture Bank to apply for a revision of articles shall submit an application to the CBRC or banking regulatory Bureau, where information, copied to where bodies of the CBRC. The CBRC or home banking Board shall within 3 months from the date of acceptance, and to approve or disapprove the decision to amend the Constitution, and notify the applicant in writing.

Decided not to grant, and shall state the reasons. 77th article foreign owned bank, and Sino-foreign joint venture Bank application modified articles, should to silver prison will or location silver prison Council submitted following application information (a type two copies), while CC location silver prison will sent institutions (a copies): (a) applicants Chairman or President (CEO, and General Manager) signed of to silver prison will President of applications; (ii) applicants on modified articles of Board resolution; (three) applicants shareholders on modified articles of Board resolution; (four) applicants of original articles and new articles draft

(V) the draft regulations with new regulations change the CRT; (vi) legally established in China issued by the law firm of legal opinions on the draft new Constitution; (VII) other documents required by the CBRC.

Fourth section change name 78th article application change foreign bank in China territory institutions name, should has following conditions: (a) change matters has get applicants where national or area financial regulatory authorities of approved; (ii) applicants has get where national or area financial regulatory authorities issued of new license or business financial business of license file; (three) applicants has commitment bear its in China territory branch of tax and debt responsibility.

This section (a), (b) shall not apply to foreign banks ' name does not change, only apply to change its name in China. 79th foreign-funded banks and Sino-foreign joint venture Bank, foreign bank branch name change application, accepted by the CBRC, review and decision.

Applications for changing the name of the representative office of a foreign bank, the local banking regulatory Bureau to receive, review and decision.

Application to change name of foreign-funded banks should submit an application to the CBRC or banking regulatory Bureau, where information, copied to foreign-funded banks in China located bodies of the CBRC. The CBRC or home banking Board shall within 3 months from the date of acceptance, make the decision to approve or not approve the change, and notify the applicant in writing.

Decided not to grant, and shall state the reasons. 80th article foreign owned bank shareholders, and Sino-foreign joint venture Bank shareholders, and foreign bank for merged, and Division, and restructuring, reasons application change its in China territory institutions name, should in merged, and Division, and restructuring, change matters occurred 5th within, to silver prison will and the location silver prison will sent institutions report, and Yu 30th within will following application information submitted silver prison will and the location silver prison Council (a type two copies), while CC location silver prison will sent institutions (a copies): (a) applicants Chairman or President (CEO, and General Manager) signed of to silver prison will President of applications; (ii) change name application table; (three) foreign owned bank shareholders, and Sino-foreign joint venture Bank shareholders, and foreign bank of articles; (four) foreign owned bank shareholders, and Sino-foreign joint venture Bank shareholders, and foreign bank of organization structure figure, and Board and main shareholders list; (five) foreign bank Chairman or President (CEO, and General Manager) signed of on its in China territory branch bear tax, and debt responsibility of guarantee; (six) foreign owned bank shareholders, and

Sino-foreign joint venture Bank shareholders, and foreign bank of merged financial accounting report; (seven) foreign owned bank shareholders, and Sino-foreign joint venture Bank shareholders, and foreign bank where national or area financial regulatory authorities on change matters of instruments of ratification or submissions; (eight) foreign owned bank shareholders, and Sino-foreign joint venture Bank shareholders, and foreign bank changed its name Hou, where national or area financial regulatory authorities issued of license copies or business financial business license file copies; (nine) silver prison will requirements of other information. 81st article foreign owned bank shareholders, and Sino-foreign joint venture Bank shareholders, and foreign bank for other reasons application change in China territory institutions name of, should in change matters occurred 5th within, to silver prison will and the location silver prison will sent institutions report, and Yu 30th within will following application information submitted silver prison will and the location silver prison Council (a type two copies), while cc foreign bank in China territory institutions location silver prison will sent institutions (a copies): (a) applicants Chairman or President (CEO, and

General Manager) signed of to silver prison will President of applications; (ii) foreign owned bank shareholders, and Sino-foreign joint venture Bank shareholders, and foreign bank changed its name Hou where national or area financial regulatory authorities issued of license copies or business financial business license file copies; (three) foreign owned bank shareholders, and Sino-foreign joint venture Bank shareholders, and foreign bank where national or area financial regulatory authorities on change matters of instruments of ratification and on its application of submissions; (four) silver prison will requirements of other information.

Subsection (b), (c), shall not apply to foreign banks ' name does not change, just change the name in China.

The CBRC authorized foreign bank branch where bodies of the CBRC to accept, review and decisions resulting from the change of business premises of foreign bank branch changes its name to apply. The fifth section within the city changes its domicile or workplace 82nd CBRC direct supervision of foreign-funded banks, Sino-foreign joint venture Bank changes its domicile in the city by the China Banking Regulatory Commission will receive, review and decision.

Other foreign-funded banks, Sino-foreign joint venture Bank changes in city residence, representatives of foreign banks in the same application change its office location within the city, the local agency of the CBRC accepted, reviewed and decided.

Foreign-funded banks and Sino-foreign joint venture Bank to apply for a change in city shelters, Foreign Bank representative office change its office location in the city, shall be filed with the regulator or local organizations to apply of the CBRC data. The CBRC or where bodies of the CBRC shall, within 3 months from the date of acceptance, make the decision to approve or not approve the change, and notify the applicant in writing.

Decided not to grant, and shall state the reasons. 83rd article foreign owned bank, and Sino-foreign joint venture Bank in with city within change residence, and foreign Bank representative in with city within change Office places, should to silver prison will or location silver prison will sent institutions submitted following application information (a type two copies): (a) applicants authorized signed people signed of to silver prison will President or location silver prison will sent institutions head of applications; (ii) intends moved residence or Office places of ownership proved, and right proved or rental contract of copies; (three) intends moved residence of security, and

Fire certificates or copies of relevant certificates and (iv) other information required by the CBRC.

84th article due to the adjustment of administrative division and other causes of administrative divisions, street, house number, change the actual position does not change, foreign banks do not need to change residence or Office applications, but it should be on the 15th after the change to the CBRC report or the local agency of the CBRC, foreign-funded banks, Sino-foreign joint venture Bank shall renew their financial licenses.

Fourth chapter terminate the first wholly foreign-owned banks, Sino-foreign joint venture Bank to dissolve the 85th foreign-funded banks, Sino-foreign joint venture Bank, one of the following circumstances, upon approval of the CBRC dissolved: (a) expiration of the operating period under the statute or any other causes for dissolution prescribed by the articles, (ii) the shareholders ' resolution for dissolution; (c) due to a merger or Division to be dissolved. 86th foreign-funded banks, Sino-foreign joint venture Bank to apply for a dissolution, shall satisfy the following conditions: (a) foreign-owned banks and their shareholders, the dissolution of adoption of the resolution of the Board of Sino-foreign joint venture banks and their shareholders;
(B) the foreign-funded banks, Sino-foreign joint venture Bank shareholders foreign shareholders are national or regional financial supervisory authority has agreed to its application, (iii) effective programme for the disposal of assets, debts, personnel placement. 87th CBRC direct supervision of foreign-funded banks, Sino-foreign joint venture Bank dissolution application, accepted by the CBRC, review and decision.

Other foreign-funded banks and Sino-foreign joint venture banks ' applications for dissolution, the local banking regulatory Bureau receives and, the China Banking Regulatory Commission review and decision in the first instance.

Foreign-funded banks, Sino-foreign joint venture Bank to apply for a dissolution, shall be submitted to the CBRC or banking regulatory Bureau, where application data, copied to where bodies of the CBRC. Home Banking Board shall from the date of acceptance of the 20th within the application data together with comments submitted to the CBRC. The CBRC shall accept or within 3 months from the date of receiving the complete application documents, to approve or disapprove the decision to dissolve, and notify the applicant in writing.

Decided not to grant, and shall state the reasons.

88th article foreign owned bank, and Sino-foreign joint venture Bank application dissolved, should in terminated business activities Qian to silver prison will or location silver prison Council submitted following application information (a type two copies), while CC location silver prison will sent institutions (a copies): (a) applicants Chairman or President (CEO, and General Manager) signed of to silver prison will President of applications; (ii) applicants on dissolved of Board resolution; (three) applicants the shareholders on foreign owned bank, and Sino-foreign joint venture Bank dissolved of Board resolution;

(D) foreign-funded banks, Sino-foreign joint venture Bank shareholders foreign shareholders are national or regional financial supervisory authority concerning the dissolution of the Agency submissions; (e) after the dissolution of foreign-funded banks, Sino-foreign joint venture Bank asset disposals, debt settlement, staffing plans, and is responsible for the staff list and contact details of follow-up matters, (vi) other documents required by the CBRC.

Bankruptcy section II the 89th solely foreign-funded banks, Sino-foreign joint venture banks due to dissolution and liquidation, the liquidation Group found the Agency's property is insufficient to pay off debts, or being unable to pay its debts, voluntary or request of the its creditors filed for bankruptcy, before filing for bankruptcy to the Court, an application shall be submitted to the CBRC. 90th CBRC direct supervision of foreign-funded banks, Sino-foreign joint venture bank insolvency application, accepted by the CBRC, review and decision.

Applications for other foreign-funded banks and Sino-foreign joint venture Bank, the local banking regulatory Bureau receives and, the China Banking Regulatory Commission review and decision in the first instance.

Foreign-funded banks, Sino-foreign joint venture Bank to file for bankruptcy shall submit an application to the CBRC or banking regulatory Bureau, where information, copied to where bodies of the CBRC. Home Banking Board shall from the date of acceptance of the 20th within the application data together with comments submitted to the CBRC. The CBRC shall accept or within 3 months from the date of receiving the complete application documents, to approve or disapprove the bankruptcy decision and notify the applicant in writing.

Decided not to grant, and shall state the reasons.

91st article foreign owned bank, and Sino-foreign joint venture Bank application bankruptcy, should to silver prison will or location silver prison Council submitted following application information (a type two copies), while CC location silver prison will sent institutions (a copies): (a) applicants Chairman or President (CEO, and General Manager or liquidation group leader) signed of to silver prison will President of applications; (ii) applicants on bankruptcy of Board resolution; (three) the shareholders on foreign owned bank, and Sino-foreign joint venture Bank bankruptcy of Board resolution;

(D) where the foreign-funded banks, Sino-foreign joint venture Bank shareholders foreign shareholders national representation on insolvency or financial regulatory authorities (v) other documents required by the CBRC.

Subsection (b), (c), (d) shall not apply to the liquidation team filed for bankruptcy.

Article III sections branch off 92nd wholly foreign-owned banks and Sino-foreign joint venture banks, branches of foreign banks to apply for closed, subject to the following conditions: (a) the applicant Board resolutions by closing branches, (ii) a foreign country or region where the closure of bank branches have financial authorities agreed to (iii) have a valid disposition of assets, debt settlement, placement programmes. 93rd CBRC direct supervision of foreign-funded banks, Sino-foreign joint venture Bank branch closing level the application, accepted by the CBRC, review and decision. Other branches of foreign-funded banks, Sino-foreign joint venture bank branches shut down applications, intended to close the local banking regulatory Bureau to receive, review and decision.

Foreign bank branches to close application, intended to close the local banking regulatory Bureau receives and, the China Banking Regulatory Commission review and decision in the first instance.

Foreign-funded banks and Sino-foreign joint venture banks and branches of foreign banks closed, shall be filed with the regulator or intends to close the local banking regulatory Bureau to submit application information, copied to be close the place of institutions of the CBRC. Closed by a proposed place of the Banking Commissioner's Office and the trial, intended to close the local banking regulatory Bureau shall from the date of acceptance of the 20th within the application data together with comments submitted to the CBRC. CBRC or intended to close the place of banking Board shall accept or within 3 months from the date of receiving the complete application documents, to approve or disapprove the decision to close, and notify the applicant in writing.

Decided not to grant, and shall state the reasons.

94th article foreign owned bank, and Sino-foreign joint venture Bank, and foreign bank application close branch, should in terminated business activities Qian to silver prison will or intends close institutions location silver prison Council submitted following application information (a type two copies), while cc intends close institutions location silver prison will sent institutions (a copies): (a) applicants Chairman or President (CEO, and General Manager) signed of to silver prison will President of applications; (ii) applicants on close branch of Board resolution;

(C) the country or region where the foreign bank's financial supervision authorities ' submissions on the application, and (iv) regarding the proposed disposition of assets of closed institutions, debt repayment, staffing plans and is responsible for the staff list and contact details of follow-up matters, (v) other documents required by the CBRC.

95th approved foreign bank branches close all applications for debt settlement after the extraction of interest-bearing assets, closed by the authorized foreign bank branches located bodies of the CBRC, examine and decide.

Application for extraction of interest-bearing assets, the applicant shall provide the approved foreign bank branch is located close to submit applications for information of the CBRC. Where institutions of the CBRC shall, within 1 month from the date of receiving the complete application documents, to approve or disapprove the decision and notify the applicant in writing.

Decided not to grant, and shall state the reason to the 96th approved close the extraction of branches of foreign banks to apply for interest-bearing assets, shall submit to the institution of the CBRC, where applications for the following information: (a) signed by the head of the liquidation application; (b) the report on the liquidation, and (iii) other information required by the CBRC.

Fourth section branch close and in same city established representative at 97th article foreign bank close China territory branch and in same city established representative at of application, by intends close institutions location silver prison Council accepted and trial, silver prison will on intends close branch of application for review and decided; in by Silver prison will approved foreign bank close China territory branch Hou, location silver prison Council on the foreign bank in same city established representative at of application for review and decided. Foreign banks closed branches in China and applied for a representative office in the same city, shall submit to the CBRC intends to close the place of application, copied to be close the place of institutions of the CBRC.

Home Banking Board shall from the date of acceptance of the application materials in the 20th, along with close on foreign bank branches in China's preliminary review opinions submitted to the CBRC. CBRC or intended to close the place of banking Board shall accept or within 3 months from the date of receipt of the complete application materials, the decision to approve or disapprove, and notify the applicant in writing.

Decided not to grant, and shall state the reasons.

98th article foreign bank application close in China territory branch and in same city established representative at of, should has this approach 57th article, and 92nd article provides of conditions, and should in terminated business activities Qian will following application information submitted intends close institutions location silver prison Council (a type two copies), while cc intends close institutions location silver prison will sent institutions (a copies): (a) applicants Chairman or President (CEO, and General Manager) signed of to silver prison will President of applications;

(Ii) applicants on close branch and in same city established representative at of Board resolution; (three) foreign bank where national or area financial regulatory authorities on its application of submissions; (four) intends close branch assets disposal, and debt settlement, and personnel placed of plans and is responsible for follow-up matters of personnel list and the contact way; (five) intends any Chief served qualification approved by needed of related information; (six) silver prison will requirements of other information.

Fifth sections branch off the 99th foreign-funded banks, Sino-foreign joint venture banks and foreign banks for closing branches, subject to the following conditions: (a) the applicant Board resolutions by closing branches, (ii) persons with effective disposals, debt settlement, resettlement programmes.

100th foreign-funded banks and Sino-foreign joint venture Bank, foreign bank closing branch applications, closed by a proposed local banking regulatory Bureau or authorized agencies of the CBRC to accept, review and decision.

Foreign-funded banks and Sino-foreign joint venture banks and foreign banks for closing branches, shall be closed to the intended place of banking regulatory Bureau or authorized to submit applications for information of the CBRC, copied to be close the place of institutions of the CBRC. Intends to close local banking regulatory Bureau or authorized agencies of the CBRC shall, within 3 months from the date of acceptance, and to approve or disapprove the decision to close, and notify the applicant in writing.

Decided not to grant, and shall state the reasons. 101th article foreign owned bank, and Sino-foreign joint venture Bank, and foreign bank application close branch, should in terminated business activities Qian will following application information submitted intends close institutions location silver prison Council or by authorized of silver prison will sent institutions (a type two copies): (a) applicants authorized signed people signed of to location silver prison Council or by authorized of silver prison will sent institutions head of applications; (ii) applicants on close branch of Board resolution; (three) intends close branch assets disposal, and debt settlement, and Staffing plans and is responsible for the staff list and contact details of follow-up matters;
(D) other documents required by the CBRC.

Sixth Foreign Bank representative offices shut the 102th applications close the representative office of a foreign bank, subject to the following conditions: (a) Board resolution by closing the offices of the applicant, (ii) the financial supervision authority the applicant's country or region has agreed to its application and (iii) have a valid closure programme and staffing plan.

103th applications close the representative office of a foreign bank, intends to close the local banking regulatory Bureau to receive, review and decision.

Applications for foreign banks to close the representative office shall be closed to the intended place of banking regulatory Bureau to submit the application materials, and at the same time send a copy to be close the place of institutions of the CBRC. Intended to close the local banking regulatory Bureau shall, within 3 months from the date of acceptance, and to approve or disapprove the decision to close, and notify the applicant in writing.

Decided not to grant, and shall state the reasons.

104th article foreign bank application close representative at, should will following application information submitted intends close institutions location silver prison Council (a type two copies), while cc intends close institutions location silver prison will sent institutions (a copies): (a) applicants Chairman or President (CEO, and General Manager) signed of to silver prison will President of applications, special situation Xia, the applications can by authorized signed people signed; (ii) applicants on close representative at of Board resolution;

(C) country financial supervision authority on the submission of an application; (d) the representative office closure programme, personnel placement planning and is responsible for the staff list and contact details of follow-up matters; (v) other documents required by the CBRC.

First section of the fifth chapter of business operating RMB business in the 105th foreign-funded banking institutions applying for RMB business, divided into initial application to operate RMB business and apply for expanding the scope of RMB business service objects both.

The 106th foreign banking institutions applying for RMB business for the first time, subject to the following conditions: (a) opening in China more than 1 year prior to the application.

(B) other prudent requirements as specified by the CBRC.

Their individual contributions on the restructuring of foreign bank branches of foreign-owned banks, the period of time specified in the preceding paragraph from the date on which the foreign bank branches to set up.

Branches of foreign banks have been approved to operate RMB business, the other branch of the foreign bank applying for RMB business, not subject to the first paragraph of this article (a) limit.

107th already approved to operate RMB business by foreign banks of commercial institutions expand the scope of RMB business services shall meet the prudential requirements prescribed by the CBRC.

Foreign-funded banks, Sino-foreign joint venture banks engaged in RMB business for Chinese residents, except subject to the provisions of the CBRC, prudential requirements, should also conform to the characteristics and needs of business development business outlets. 108th directly by the CBRC supervision of foreign-funded banking institutions to operate RMB business or expand the scope of RMB business service object application, accepted by the CBRC, review and decision.

Other foreign banking institutions to operate RMB business or expand the scope of RMB business services applications by foreign banks operating local banking regulatory Bureau, examine and decide.

Foreign banking institutions operating RMB business or apply for expanding the scope of RMB business services shall submit an application to the CBRC or banking regulatory Bureau, where information, copied to where bodies of the CBRC. The CBRC or home banking Board shall within 3 months from the date of acceptance, and to approve or disapprove the decision and notify the applicant in writing.

Decided not to grant, and shall state the reasons.

109th article application business Yuan business or expanded Yuan business service object range, applicants should to silver prison will or location silver prison Council submitted following application information (a type two copies), while CC location silver prison will sent institutions (a copies): (a) applicants Chairman or President (CEO, and General Manager) signed of to silver prison will President of applications; (ii) feasibility research report; (three) intends business business of internal control system and the operation; (four) silver prison will requirements of other information. 110th foreign banking institutions operating for the first time the Yuan business or object of renminbi business services range from customer besides the Chinese residents should be extended to citizens of China, should be prepared. 4 months from the date of the preparatory period is allowed.

Foreign-funded banking institutions cannot be completed within 4 months of preparations, the CBRC or banking regulatory Bureau, where the original file is automatically invalidated.

1 branches of foreign banks have been approved to operate RMB business, additional branch of the foreign bank in China, in preparations for the preparatory period can conduct renminbi business, the local banking regulatory Bureau after acceptance, can be made at time of opening RMB business applications. 111th wholly foreign-owned bank branches, Sino-foreign joint venture Bank branch at its head office within the business scope authorized to conduct RMB business. Before the operations, Head Office should be on the RMB business of authorized books and send home bodies of the CBRC, and preparations.

Preparatory period of 4 months.

Foreign-owned banks, Sino-foreign joint venture bank branches located agency upon the acceptance of the CBRC, issued by the local banking regulatory Bureau of the RMB business of confirmation to the administrative organ for industry and commerce business license change. Foreign-funded banks and Sino-foreign joint venture banks and foreign bank branches in its main office or branch business authorized to conduct RMB business. Before the operations, head office or branches of the RMB business of authorized books sent home institutions of the CBRC, and preparations.

Preparatory period of 4 months.

Foreign-funded banks and Sino-foreign joint venture Bank, foreign bank branch located agency upon the acceptance of the CBRC, issued by the local bodies of the CBRC's confirmation of RMB business to the administrative authorities for industry and commerce business license change.

Second section issued debt, and capital added tool 112th article foreign owned bank, and Sino-foreign joint venture Bank application in both inside and outside issued by Silver prison will license of debt, and capital added tool, should has following conditions: (a) has good of company governance structure; (ii) main carefully regulatory index meet regulatory requirements; (three) loan risk classification results real accurate; (four) recently 3 years no serious illegal violations behavior and for internal management problem led to of major case; (five) silver prison will provides of other carefully sex conditions.

113th article silver prison will directly regulatory of foreign owned bank, and Sino-foreign joint venture Bank issued by Silver prison will license of debt, and capital added tool of application, by Silver prison will accepted, and review and decided, other foreign owned bank, and Sino-foreign joint venture Bank issued by Silver prison will license of debt, and capital added tool of application, by location silver prison Council accepted and trial, silver prison will review and decided.

Foreign-funded banks, Sino-foreign joint venture Bank for issuing approval of the CBRC's debt, capital, the applicant shall submit an application to the CBRC or banking regulatory Bureau, where information. Home Banking Board shall from the date of acceptance of the 20th within the application data together with comments submitted to the CBRC. The CBRC shall accept or within 3 months from the date of receiving the complete application documents, to approve or disapprove the decision of the issue of debt and capital instruments, and notify the applicant in writing.

Decided not to grant, and shall state the reasons.

114th article foreign owned bank, and Sino-foreign joint venture Bank application issued by Silver prison will license of debt, and capital added tool, should to silver prison will or location silver prison Council submitted following application information (a type two copies): (a) applicants Chairman or President (CEO, and General Manager) signed of to silver prison will President of applications; (ii) feasibility research report; (three) debt, and capital added tool issued registration form; (four) applicants on issued debt, and capital added tool of Board resolution;

(Five) applicants shareholders on issued debt, and capital added tool of Board resolution; (six) applicants recently 3 years by audit of financial accounting report; (seven) raised manual; (eight) issued announcement or issued articles; (nine) applicants on this period bonds claims debt plans and the guarantees measures of special report; (ten) credit rating institutions issued of financial bonds credit rating report and the about continued track rating arrangements of description; (11) in China territory law established of lawyer firm issued of legal submissions;

(12) other information required by the CBRC.

Section III opening derivatives trading business the 115th foreign banking institution qualification of initiation of dealings of derivative products are divided into the following two categories: (a) basic qualifications: only engaged in hedging derivatives, (ii) General qualifications: in addition to basic qualifications may engage in derivative transactions can also engage in non-hedging derivatives trading. 116th article foreign bank business sex institutions application opened based class derivative products trading business, should has following conditions: (a) has sound of derivative products trading risk management system and internal control system; (ii) has accept related derivative products trading skills specifically training half above, and engaged in derivative products or related trading 2 years 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,

Familiar sets period accounting operation program and system specification of personnel at least 1 name, above personnel should designed gang hand, mutual shall not who, and no bad records; (three) has appropriate of trading places and equipment; (four) has processing legal Affairs and is responsible for internal control collection rules check of professional sector and the related professionals; (five) main carefully regulatory index meet regulatory requirements; (six) silver prison will provides of other carefully sex conditions. 117th article foreign bank business sex institutions application opened general class derivative products trading business, except has this approach 116th article provides of conditions outside, also should has following conditions: (a) has perfect of derivative products trading front desk, and middle, and background automatically joins of business processing system and real-time risk management system; (ii) derivative products trading business competent personnel should has 5 years above directly participation derivative products trading activities or risk management of qualifications, and no bad records;
(C) with a strict separation of business system, ensure that the business of hedging and non-hedging business marketing information, risk management, effective separation of profit and loss accounting (iv) with a sound market risk, operational risk, credit risk, risk management framework, and (v) other prudent requirements as specified by the CBRC.

118th foreign bank branches to the application to run derivatives trading business, from their headquarters (or regional headquarters) duly authorized by their home country should have the legal framework to regulate the derivatives trading business, its home country supervisory authorities should have appropriate supervision. Branches of foreign banks to apply for opening derivatives trading business, when they do not have the conditions laid down in article 116th and 117th, from their headquarters (or regional headquarters) subject to the above conditions.

While the branch also should has following conditions: (a) its head office (area headquarters) on the branch engaged in derivative products trading, aspects of official authorized should on trading varieties and limit made clear provides; (ii) except head office another has clear provides outside, the branch of all derivative products trading unified through on its authorized of Head Office (area headquarters) system for real-time flat disc, and by its head office (area headquarters) unified for flat disc, and exposure management and risk control. 119th CBRC direct supervision of foreign-funded banks, Sino-foreign joint venture Bank initiation of dealings of derivative products application, accepted by the CBRC, review and decision.

Other foreign banking institutions apply initiation of dealings of derivative products, the local banking regulatory Bureau to receive, review and decision.

Foreign-funded banking institutions apply for derivatives trading business, should be submitted to the Banking Regulatory Commission or CBRC home applications. The CBRC or home banking Board shall within 3 months from the date of acceptance, and to approve or disapprove the initiation of dealings of derivative products decision and notify the applicant in writing.

Decided not to grant, and shall state the reasons. 120th article foreign bank business sex institutions application opened derivative products trading business, should to silver prison will or location silver prison Council submitted following application information (a type two copies): (a) applicants authorized signed people signed of to silver prison will President of applications; (ii) feasibility research report and the business plans book or exhibition industry plans; (three) derivative products trading business internal management regulations, content including: 1. derivative products trading business of Guide principles, and operation (operation should reflected trading front desk, and middle, and

Background separation of principles) and for burst event of emergency plans; 2. new business, and new products approval system and the process; 3. trading varieties and risk control system; 4. derivative products trading of risk model index and the quantitative management index; 5. risk management system and internal audit system; 6. derivative products trading business research and development of management system and the Hou evaluation system; 7. trading member code; 8. trading competent personnel post duties system, on levels competent personnel and trading member of asked accountability system and incentive constraints mechanism;

9. on front desk, and middle, and background competent personnel and the staff of training plans; (four) derivative products trading accounting system; (five) competent personnel and main trading personnel list, and resume; (six) derivative products trading risk management system, including but not limited to: risk exposure quantitative rules or risk limit authorized management system; (seven) third party independent issued of trading places, and equipment and system of security and stability test report; (eight) silver prison will requirements of other information. Foreign bank branch application opened derivative products trading business, if not has this approach 116th article or 117th article by column conditions, except submitted its head office (area headquarters) of above file and information outside, while also should submitted following application information: (a) foreign bank head office (area headquarters) on the branch engaged in derivative products trading varieties and limit, aspects of official written authorized file; (ii) except foreign bank head office another has clear provides outside,

Foreign Bank headquarters (or regional headquarters) issued to ensure that all derivatives trading by the Head Office of the branch (regional headquarters) flat trading systems in real time, from their headquarters (or regional headquarters) is responsible for flat plate, open letter of commitment of the management and risk control. 121th fourth Festival to start credit card business with foreign-funded banks, Sino-foreign joint venture banks to apply for a credit card business into an application for the card-issuing business and apply for acquiring business. Applicants should has following conditions: (a) company governance good, main carefully regulatory index meet silver prison will about provides, has and business development phase adapted of organization institutions and regulations, internal control, and risk management and asked accountability mechanism sound effective; (ii) reputation good, has perfect, and effective of internal control mechanism and case control system, recently 3 years within no major illegal violations behavior and major malignant case; (three) has meet served qualification conditions of Director, and senior management personnel and qualified practitioners.

Senior management personnel in the should has has credit card business expertise and management experience of personnel at least 1 name, has carried out credit card business required of technicians and management personnel, and full implementation grading authorized management; (four) has and business business phase adapted of business places, and related facilities and essential of information technology resources; (five) has in China territory established meet legal regulations and business management requirements of business system, has guarantees related business system information security and run quality of technology capacity;

(F) to set up foreign currency credit card business should have the qualification of foreign exchange settlement and sale businesses; (VII) other prudent requirements as specified by the CBRC. 122th foreign-funded banks and Sino-foreign joint venture banks to apply for credit card issuing business, in addition shall meet the conditions provided for in this way the 121th shall also satisfy the following conditions: (a) have good basis for retail business. Last 3 years personal deposit and loan business and business structure, stability, and personal lending and deposit business customers and customer structure, banking card business operates well, ID verification system and the credit system and the use of good, (ii) professional experience in credit card business system. In China territory built has issuing business host, and credit card business application management system, and credit assessment management system, and credit card account management system, and credit card trading authorized system, and credit card trading monitoring and counterfeiting trading warning system, and credit card customer service center system, and urged received business management system, professional operation based facilities, related facilities through has necessary of security detection and business test, can guarantees customer information and business data of integrity and security; (three) meet foreign owned bank, and Sino-foreign joint venture Bank's overall business strategy and development plan to improve overall business competitiveness.

According to the business development of actual ongoing business costs, basic break-even business monitoring and measurement, and so on. 123th foreign-funded banks and Sino-foreign joint venture banks to apply for a credit card acquiring business, in addition shall meet the conditions provided for in this way the 121th shall also satisfy the following conditions: (a) have offered good basis for acquiring business. Last 3 years business loan business size and business structure, stability, and lending to business customers and customer structure is relatively stable, ID verification system and the credit system and the use of good, (ii) professional experience in acquiring business systems. In China territory built has received single business host, and special merchant application management system, and special merchant credit assessment management system, and special merchant settlement account management system, and account works management system, and received single trading monitoring and counterfeiting trading warning system, and trading authorized system, professional operation based facilities, related facilities through has necessary of security detection and business test, can guarantees customer information and business data of integrity and security; (three) meet foreign owned bank, and Sino-foreign joint venture Bank business business general strategy and development planning, Helps to improve business competitiveness.

According to the business development of actual ongoing business costs, basic break-even business monitoring and measurement, and so on. 124th banking supervision direct supervision of foreign-funded banks, Sino-foreign joint venture bank credit card application, accepted by the CBRC, review and decision.

Other foreign-funded banks and Sino-foreign joint venture bank credit card application, the local banking regulatory Bureau to receive, review and decision.

Foreign-funded banks and Sino-foreign joint venture banks to apply for the credit card business, should be submitted to the CBRC or banking regulatory Bureau, where application data, copied to where bodies of the CBRC. The CBRC or home banking Board shall within 3 months from the date of acceptance, and to approve or disapprove the decision of launching the credit card business, and notify the applicant in writing.

Decided not to grant, and shall state the reasons. 125th article foreign owned bank, and Sino-foreign joint venture Bank application opened credit card business, should to silver prison will or location silver prison Council submitted following application information (a type two copies), while CC location silver prison will sent institutions (a copies): (a) applicants Chairman or President (CEO, and General Manager) signed of to silver prison will President of applications; (ii) feasibility research report; (three) credit card business development planning; (four) credit card business management system; (five) credit card articles,

Content at least including credit card of name, and type, and function, and uses, and issued object, and apply for conditions, and apply for procedures, and using range (including using aspects of limit) and the using method, and credit card account applies of interest rate, and oriented holding card people of charges project and charges level, issuing bank, and holding card people and the other about party of right, and obligations; (six) credit card card sample design draft or can accepted credit card type; (seven) credit card business operation facilities, and business system and disaster prepared system introduced; (Eight) related ID pieces validation system and levy letter system connection and using situation introduced; (nine) credit card business system and disaster prepared system test report and security assessment report; (ten) credit card business run emergency programme and business continuity plans; (11) credit card business risk management system construction and corresponding of regulations; (12) credit card business of management sector, and duties Division, and main head introduced; (13) application institutions contact people, and contact phone, and contact address, and fax, and electronic mailbox, contact way

(14) other documents required by the CBRC. Fifth Festival offering securities investment fund custody business
126th solely foreign-funded banks, Sino-foreign joint venture Bank for opening securities investment fund custodian business, shall meet the provisions of the custody business of securities investment fund management conditions.

127th foreign-funded banks, Sino-foreign joint venture Bank for opening securities investment fund custodian business accepted by the securities regulatory authority under the State Council, and banking regulators the securities regulatory authority under the State Council will jointly review and decision.

128th solely foreign-funded banks, Sino-foreign joint venture Bank for opening securities investment fund custodian business shall be submitted to the securities regulatory authority under the State Council provided for in the hosting business of securities investment fund management application, with a copy to the CBRC.

Sixth section opened generation guest outside financial business 129th article foreign bank business sex institutions application opened generation guest outside financial business, should has following conditions: (a) has sound, and effective of market risk management system; (ii) has perfect of internal control system; (three) has outside investment management of capacity and experience; (four) financial business activities in application Qian a years within not by Silver prison will and sent institutions of punishment; (five) silver prison will provides of other carefully sex conditions. 130th directly by the CBRC supervision of foreign-owned banks and Sino-foreign joint venture banks to engage Valet overseas wealth management business application, accepted by the CBRC, review and decision.

Other foreign banking institutions engage in banking business applications, the local banking regulatory Bureau to receive, review and decision.

Applications from foreign banks of commercial providers offering Valet outside financing, should be submitted to the Banking Regulatory Commission or CBRC home applications. The CBRC or home banking Board shall within 3 months from the date of acceptance, approval or not approval to offer a valet outside financing decisions, and notify the applicant in writing.

Decided not to grant, and shall state the reasons.

131th article foreign bank business sex institutions application opened generation guest outside financial business, should to silver prison will or location silver prison Council submitted following application information (a type two copies): (a) applicants authorized signed people signed of to silver prison will President of applications; (ii) feasibility research report, content at least including carried out generation guest outside financial business of main strategy, and related market analysis, and management and operation program, and risk tube control measures, and resources guarantees situation and dot and personnel planning;

(Three) and opened generation guest outside financial business related of internal control system, content at least including financial business management of related system, and Exchange investment or trading management of related system and regulatory sector requirements of other system; (four) and opened generation guest outside financial business related of risk management system; (five) managed agreement draft; (six) silver prison will requirements of other information.

Seventh section opened generation guest outside financial managed business 132th article foreign bank business sex institutions application opened generation guest outside financial managed business, should has following conditions: (a) has specifically is responsible for managed business of sector; (ii) has familiar managed business of full-time personnel; (three) has security custody managed assets of conditions; (four) has security, and efficient of liquidation, and delivery capacity; (five) no major illegal violations records; (six) silver prison will provides of other carefully sex conditions.

Foreign-funded banks, Sino-foreign joint venture banks have been allowed to operate Securities Investment Fund custody business, you don't want to run financial custody business applications outside the valet, but that it should be opened within 5th after the valet outside financial custody business report to the local banking regulatory Bureau. 133th banking supervision direct supervision of foreign-funded banks and Sino-foreign joint venture banks to engage Valet outside financial custody business application, accepted by the CBRC, review and decision.

Other foreign banking institutions financial custody business applications outside the valet, the local banking regulatory Bureau to receive, review and decision.

Applications from foreign banks of commercial providers offering Valet outside financial custody business, should be submitted to the Banking Regulatory Commission or CBRC home applications. The CBRC or home banking Board shall within 3 months from the date of acceptance, ratification or approval to offer a valet outside financial custody business decisions, and notify the applicant in writing.

Decided not to grant, and shall state the reasons. 134th article foreign bank business sex institutions application opened generation guest outside financial managed business, should to silver prison will or location silver prison Council submitted following application information (a type two copies): (a) applicants authorized signed people signed of to silver prison will President of applications; (ii) feasibility research report and the business plans book or exhibition industry plans; (three) intends opened business of detailed introduced and for engaged in the items business by do of necessary prepared situation, content at least including operation, and risk returns analysis, and control measures, and

Professionals and computer configurations, (iv) last 1 years audited financial statements of the applicant; (v) other documents required by the CBRC.

Eighth day 135th other business applications for other foreign banks operating business, refers to an application for the People's Republic of China regulations on the management of foreign banks article 29th (13) and 31st (12) referred to business. 136th article foreign bank business sex institutions application opened other business, should has following conditions: (a) has and business development phase adapted of organization structure and regulations, internal control system, and risk management and asked accountability mechanism sound effective; (ii) and existing legal regulations not phase conflict; (three) main carefully regulatory index reached regulatory requirements; (four) meet foreign bank strategy development positioning and direction; (five) by internal decision program through; (six) has carried out business required of technicians and management personnel,

And full implementation grading authorized management; (seven) has and business business phase adapted of business places and related facilities; (eight) has carried out the items business of necessary, and security and collection rules of information technology system, has guarantees information technology system effective security run of technology and measures; (nine) no major illegal violations records and for internal management problem led to of major case; (ten) silver prison will provides of other carefully sex conditions. 137th CBRC direct supervision of foreign-funded banks, Sino-foreign joint venture Bank started other business application, accepted by the CBRC, review and decision.

Other foreign banking institutions for other business applications, the local banking regulatory Bureau to receive, review and decision.

Applications for other foreign banks operating businesses shall submit an application to the CBRC or banking regulatory Bureau, where information, copied to where bodies of the CBRC. The CBRC or home banking Board shall within 3 months from the date of acceptance, approval or not approval to proposed business decision and notify the applicant in writing.

Decided not to grant, and shall state the reasons.

138th article foreign bank business sex institutions application opened other business, should to silver prison will or location silver prison Council submitted following application information (a type two copies), while CC location silver prison will sent institutions (a copies): (a) applicants authorized signed people signed of to silver prison will President of applications; (ii) intends business business of detailed introduced and feasibility research report; (three) intends business business of internal control system and operation; (four) intends business business of personnel equipped with situation and the business system of introduced;

(V) other documents required by the CBRC.

The sixth chapter directors and senior managers the qualification approval 139th herein referred to senior managers refer to the CBRC or qualification approved by the banking regulatory Bureau, where the foreign bank managers. 140th article application served as Foreign Bank Director, and senior management personnel and Chief, intends any people should is has completely civil capacity of natural, and has following basic conditions: (a) familiar and comply with China legal, and administrative regulations and regulations; (ii) has good of ethics, and conduct, and conduct and reputation, has good of law-abiding collection rules records, no bad records; (three) has University undergraduate above (including university undergraduate) degree, and has and served as positions phase adapted of expertise, and

Work experience and management ability; does not have a university degree, there should be a corresponding increase in 6 years finance or 8 years related work experience (of which engaged in financial work for more than 4 years), and (d) independence of the duties required.

Foreign bank directors, senior management and the Chief regulator or where their qualifications approved by the CBRC cannot perform their duties. 141th article intends any people has following case one of of, shall not served as foreign bank of Director, and senior management personnel and Chief: (a) has deliberately or major fault crime records of; (ii) has violation social morality of bad behavior, caused bad effect of; (three) on had served institutions illegal violations business activities or major loss has personal responsibility or directly led responsibility, plot serious of; (four) served as or had any was took over, and revoked, and Declared bankruptcy or revoked license of institutions of Director or senior management personnel of, but can proved I on had served institutions was took over, and revoked, and declared bankruptcy or revoked license not has personal responsibility of except; (five) for violation ethics, and conduct or work serious dereliction of, caused major loss or bad effect of; (six) directed, and participation by served institutions not tie law regulatory or case investigation of; (seven) was canceled lifelong of Director and senior management personnel served qualification, Or by regulatory institutions or other financial management sector punishment cumulative reached two times above of; (eight) I or its spouse has amounts larger of debt and due not reimbursement of, including but not limited to in the foreign bank of late loan; (nine) exists other by any positions and intends any positions has obviously interests conflict, or obviously dispersed its shoe vocational time and energy of case; (ten) not has this approach provides of served qualification conditions, take not due means to get served qualification approved of; (11) legal, and administrative regulations, and Department regulations shall not hold financial institution directors and senior managers or Chief Representative, (12) the CBRC found in other circumstances.
142th article of foreign banking institutions to replace Chairman, President (CEO, General Manager), Branch Manager, Management Branch President and Chief Representative of Representative Office of a foreign bank to replace, and qualifications of the persons to be appointed without the prior approval of foreign banks should be specified in accordance with the qualifications of the personnel on duty, and since the specified date in the 3rd qualification to audit decisions of authorities. Duties on his behalf does not meet the qualifications of the personnel, regulators can order the period adjustment of foreign banks took the duties of personnel. Duty hours shall not exceed 6 months.

Employment of foreign-funded Bank shall, within 6 months of personnel officially eligible for qualification. 143th senior management personnel qualifications and did not break serve for 1 year in a row over the person to be appointed within the same legal entity, parallel to the same position or moved a low position, do not need to reapply for approval of qualifications.

People should to be appointed after the 5th report to the location of the working bodies of the CBRC. 144th article served as following positions of Foreign Bank Director, and senior management personnel and Chief except should has this approach 140th article by column conditions outside, also should respectively has following conditions: (a) served as foreign owned bank, and Sino-foreign joint venture Bank Chairman, should has 8 years above financial work or 12 years above related economic work experience (which engaged in financial work 5 years above); (ii) served as foreign owned bank, and Sino-foreign joint venture Bank Deputy Chairman, Should has 5 years above financial work or 10 years above related economic work experience (which engaged in financial work 3 years above); (three) served as foreign owned bank, and Sino-foreign joint venture Bank President (CEO, and General Manager), should has 8 years above financial work or 12 years above related economic work experience (which engaged in financial work 4 years above); (four) served as foreign owned bank, and Sino-foreign joint venture Bank Board Secretary, and Deputy President (Deputy General Manager), and President Assistant, and Chief operation officer, and Chief risk control officer, and Chief Financial Officer (Financial Director, and financial head), and Chief Technology Officer (Chief Information Officer), foreign owned bank branch, and Sino-foreign joint venture Bank branch, and foreign bank branch President (General Manager), should has 5 years above financial work or 10 years above related economic work experience (which engaged in financial work 3 years above); (five) served as foreign owned bank, and Sino-foreign joint venture Bank Director, should has 5 years above and economic, and financial, and legal, and financial about of work experience, Can using financial report and statistics report judge Bank of business, and management and risk status, understanding Bank of company governance structure, and company articles, and Board duties and Director of right and obligations; (six) served as foreign owned bank branch, and Sino-foreign joint venture Bank branch, and foreign bank branch Deputy President (Deputy General Manager), management type Branch President, should has 4 years above financial work or 6 years above related economic work experience (which engaged in financial work 2 years above); (seven) served as foreign owned bank, and

Sino-foreign joint venture Bank within trial head and collection rules head, should has 4 years above financial work experience; (eight) served as foreign owned bank branch, and Sino-foreign joint venture Bank branch, and foreign bank branch collection rules head, should has 3 years above financial work experience; (nine) served as Foreign Bank representative at Chief, should has 3 years above financial work or 6 years above related economic work experience (which engaged in financial work 1 years above). 145th article foreign bank following personnel of served qualification approved of application, by Silver prison will accepted, and review and decided: Silver prison will directly regulatory of foreign owned bank, and Sino-foreign joint venture Bank Chairman, and President (CEO, and General Manager), and Director, and Deputy Chairman, and Board Secretary, and Deputy President (Deputy General Manager), and President Assistant, and Chief operation officer, and Chief risk control officer, and Chief Financial Officer (Financial Director, and financial head), and Chief Technology Officer (Chief Information Officer), and within trial head, and collection rules head,

And other management decisions or personnel play an important role in risk control. Following the qualification approval of foreign banks to apply for from the proposed local banking regulatory Bureau to receive and trial, China Banking Regulatory Commission review and decision: non-banking supervision direct supervision of foreign-funded banks, Sino-foreign joint venture Bank Chairman and President (CEO, General Manager).

Home Banking Board shall from the date of acceptance of the 20th within the application data together with comments submitted to the CBRC.

Seat of the CBRC authorized banking regulatory Bureau to receive, review and decided to go with opening first appointed foreign-funded banks, Sino-foreign joint venture Bank Chairman and President (CEO, General Manager) qualifications. Foreign Bank following personnel of served qualification approved of application, by intends served institutions location silver prison Council accepted, and review and decided: (a) non-silver prison will directly regulatory of foreign owned bank, and Sino-foreign joint venture Bank Director, and Deputy Chairman, and Board Secretary, and Deputy President (Deputy General Manager), and President Assistant, and Chief operation officer, and Chief risk control officer, and Chief Financial Officer (Financial Director, and financial head), and Chief Technology Officer (Chief Information Officer), and within trial head, and collection rules head; (ii) foreign owned bank branch, and

President of the Sino-foreign joint venture bank branches, branches of foreign banks (General Manager), Vice President (Vice President), the head of compliance, management, Branch Manager; Chief Representative of a foreign bank, (iii) other management with decision-making power or play an important role in risk control personnel. 146th CBRC or home banking Board shall accept or the date of receiving the complete application documents in the 30th, making the decision to approve or not to approve and notify the applicant in writing.

Decides not to approve, it shall explain the reasons. With institutions established initial appointed of Chairman, and President (CEO, and General Manager), and branch President (General Manager) served qualification approved of application, by intends served institutions location silver prison Council since accepted of day up 2 months within, with institutions opened reply made approved or not approved of decided; with representative at established initial appointed of Chief served qualification approved of application, by intends served institutions location silver prison Council since accepted of day up 6 months within, with representative at established reply made approved or not approved of decided, And notify the applicant in writing.

Decides not to approve, it shall explain the reasons. 147th article application approved foreign bank Director, and senior management personnel and Chief served qualification, applicants should will following application information submitted silver prison will or intends served institutions location silver prison Council (a type two copies), while cc intends served institutions location silver prison will sent institutions (a copies): (a) applicants authorized signed people signed of to silver prison will of applications, which, by Silver prison will approved of, to silver prison will President, by Silver prison Council approved of, to silver prison Council head

; Applications in the should description intends any people intends any of positions, and duties, and permission, and the the positions in this institutions organization structure in the of location; (ii) applicants authorized signed people signed of on intends any people of authorized book and the the signed people of authorized book; (three) by authorized signed people signed of intends any people resume, and ID Ming and degree proved copies; (four) intends any people engaged in commercial banks business and the related management experience, and shoe vocational plans of detailed description;

(Five) intends any people signed of no bad records statement book and served Hou will law-abiding due diligence of commitment book; (six) foreign owned bank, and Sino-foreign joint venture Bank articles provides should held shareholders will or Board Conference of, also should submitted corresponding of Conference resolution; (seven) intends any people outgoing audit report (economic responsibility audit report) or original served institutions issued of shoe vocational evaluation; (eight) intends any people in Bank, and Bank Group and associated enterprise in the served as, and who other positions of situation description;

(IX) other documents required by the CBRC.

In the seventh chapter supplementary articles article 148th this way "day" means working days.

149th in this way "above" all contain the number or level.

150th direct supervision by the CBRC in these measures refers to foreign-funded banks in more than 15 provinces (district, municipal) level for establishing a branch of foreign legal-person banks.

Upgraded 151th branch branch, shall conform to the branches established by the relevant provisions.

152th management branch in these measures refers to, in addition to other than their own, the following branches of other branches or sub-branches in organization management, business management, personnel management, has some or all of the jurisdiction of the branch. 153th from Hong Kong, Macau and Taiwan/mainland banking institutions financial institutions in the Mainland, these measures shall apply mutatis mutandis.

As otherwise provided by the State Council in accordance with its provisions.

154th CBRC is responsible for the direct supervision of foreign legal-person banks financial license issuance and management; where banking regulatory Bureau or authorized agencies of the CBRC is responsible for other foreign banking institutions financial license issuance and management.

155th explain these measures by the CBRC. 156th these measures come into force on the date of promulgation, the China Banking Regulatory Commission, measures for the implementation of administrative licensing matters concerning foreign banks (the China Banking Regulatory Commission, 2014 will be the 6th) repealed simultaneously.