The People’s Bank of China Order of the People’s Bank of China No.6 In order to strengthen market discipline of commercial banks, standardize information disclosure of commercial banks and promote safe, President of the People’s Bank of China, Dai Xianglong May 15, 2002 Interim Measures on Information Disclosure of Commercial Banks Chapter I General Provisions Article 1 These rules are formulated on the basis of “Law on the People’s bank of China of the People’s Republic of China” and “Commercial Banking Article 2 These rules are to be applied to commercial banks that are established legally within the territory of the People’s Republic of China, Article 3 Commercial banks should disclose information according to these rules, which are the minimum requirements for commercial banks’ information In addition to these rules, listed commercial banks should also conform to relevant information disclosure rules published by regulatory Article 4 Information disclosure of commercial banks should be proceeded consistent with laws and regulations, the uniform domestic accounting Article 5 Commercial banks should disclose information in a standardized fashion, while ensuring authenticity, accuracy, integrity and comparability. Article 6 Annual financial statements disclosed by commercial banks should be subject to auditing by accounting firms that are certified to Article 7 The People’s Bank of China is to supervise commercial banks’ information disclosure according to relevant laws and regulations. Chapter II Information to be Disclosed Article 8 Commercial banks should disclose financial statements, and information on risk management, corporate governance and big events of Article 9 Commercial banks’ financial statements should include accounting report, annex and notes to this report and description of financial Article 10 Accounting report disclosed by commercial banks should include balance sheet, statement of income (profit and loss account), statement Article 11 Commercial banks should indicate inconsistence between the basis of preparation and the basic preconditions of accounting in their Article 12 Commercial banks should explain in their notes to the accounting report the important policy of accounting and accounting estimates, Article 13 Commercial banks should indicate in their notes to the accounting report crucial changes of accounting policy and estimates, contingent Article 14 Commercial banks should indicate in their annex and notes to the accounting report the total volume of related party transactions Article 15 Commercial banks should indicate in their notes to the accounting report detailed breakdown of key categories in the accounting report, (1) Due from banks by the breakdown of domestic and overseas markets. (2) Interbank lending by the breakdown of domestic and overseas markets. (3) Outstanding balance of loans at the beginning and the end of the accounting year by the breakdown of credibility loans, committed (4) Non-performing loans at the beginning and end of the accounting year resulted from the risk-based loan classification. (5) Provisions for loan losses at the beginning and the end of the accounting year, new provisions, returned provisions and write-offs (6) Outstanding balance and changes of interest receivables. (7) Investment at the beginning and the end of the accounting year by instruments. (8) Interbank borrowing in domestic and overseas markets. (9) Calculation, outstanding balance and changes of interest payables. (10) Year-end outstanding balance and other details of off-balance sheet categories, including bank acceptance bills, external guarantees, (11) Other key categories. Article 16 Commercial banks should disclose in their notes to the accounting report status of capital adequacy, including total value of risk Article 17 Commercial banks should disclose auditing report provided by the appointed accounting firms. Article 18 Description of financial position should cover the general performance of the bank, generation and distribution of profit and other Article 19 Commercial banks should disclose following risks and risk management details: (1) Credit risk. Commercial banks should disclose status of credit risk management, credit exposure, credit quality and earnings, including (2) Liquidity risk. Commercial banks should disclose relevant parameters that can represent their status of liquidity, analyze factors (3) Market risk. Commercial banks should disclose risks brought by changes of interest rates and exchange rate on the market, analyzing (4) Operation risk. Commercial banks should disclose risks brought by flaws and mistakes of internal procedures, staff and system or by (5) Other risks. Other risks that may bring severe negative impact to the bank. Article 20 Commercial banks should disclose following information on corporate governance: (1) Shareholders’ meeting during the year. (2) Members of the board of directors and its work performance. (3) Members of the board of supervisors and its work performance. (4) Members of the senior management and their profiles. (5) Layout of branches and function departments. Article 21 Chronicle of events disclosed by commercial banks in the year should at least include the following contents: (1) Names of the ten biggest shareholders and changes during the year. (2) Increase or decrease of registered capital, splitting up and merger. (3) Other important information that is necessary for the general public to know. Article 22 Information of foreign bank branches is to be collected and disclosed by the primary reporting branch. Foreign bank branches don’t need to disclose information that is only mandated and required for disclosure by institutions with legal Foreign bank branches should translate into Chinese and disclose the summary of information disclosed by their head offices. Article 23 Commercial banks need not disclose information of unimportant categories. However, if the omission or misreporting of certain categories Chapter III Management of Information Disclosure Article 24 Commercial banks should prepare in Chinese their annual reports with all the information to be disclosed and publish them within 4 Article 25 Commercial banks should submit their annual reports to the People’s Bank of China prior to disclosure. Article 26 Commercial banks should make sure that their shareholders and stakeholders could obtain the annual reports on a timely basis. Commercial banks should put their annual reports in their major operation venue, so as to ensure such reports are readily available Article 27 Boards of directors in commercial banks are responsible for the information disclosure. If there is no board of directors in the bank, Boards of directors and presidents (heads) of commercial banks should ensure the authenticity, accuracy and integrity of the disclosed Article 28 Commercial banks and their involved staff that provide financial statements with false information or concealing important facts should Accounting firms and involved staff that provide false auditing report should be punished according to the “Interim Measures on Finance-related Chapter IV Supplementary Provisions Article 29 Commercial banks with total assets below RMB 1 billion or with total deposits below RMB 500 million are exempted from the compulsory Article 30 The People’s Bank of China is responsible for the interpretation of these rules. Article 31 These rules shall enter into force as of the date of promulgation and are to be applied to all commercial banks except city commercial City commercial banks should adopt these rules gradually from January 1, 2003 to January 1, 2006. |
The People’s Bank of China
2002-05-15