The People’s Bank of China Order of the People’s Bank of China No. 5 In order to regulate the opening and use and strengthen management of RMB bank settlement accounts and to maintain financial stability, President of the People’s Bank of China, Zhou Xiaochuan April 10, 2003 Administrative Rules for RMB Bank Settlement Accounts Chapter I General Provisions Article 1 These rules are formulated according to the “Law of the People’s Republic of China on the People’s Bank of China” and the “Commercial Article 2 These rules are applicable to bank settlement accounts opened by depositors with banks domiciled in China. “Depositors” hereinafter refer to government agencies, social organizations, military units, enterprises, public institutions and Banks in these rules refer to policy banks, commercial banks (including wholly foreign-funded banks, Sino-foreign joint-equity banks Bank settlement accounts in these rules refer to RMB demand deposit accounts opened by banks for depositors to effect payment and Article 3 Bank settlement accounts may be classified on the basis of the nature of depositors into bank settlement accounts for institutions (1) A bank settlement account opened by a depositor in the name of an institution is a bank settlement account for institution. Based Bank settlement accounts opened by self-employed entities with the brand of their products or the name of the owner appeared in the (2) A bank settlement account opened by a natural person depositor with his or her ID is a bank settlement account for individual. Banking accounts opened by postal savings institutions to conduct banking card business shall be managed as bank settlement accounts Article 4 A depositor opening bank settlement accounts for institutions may only keep one basic deposit account in banks. Article 5 Depositors shall open bank settlement accounts in the place where they are registered or located, except for those allowed by these Article 6 Opening of basic deposit accounts, temporary deposit accounts, or opening of special deposit accounts by budget units shall be subject Article 7 Depositors may make their own choices of banks to open bank settlement accounts. No institutions or individuals are allowed to command Article 8 The opening and use of bank settlement accounts shall be conducted in accordance with laws and administrative regulations. It is not Article 9 Banks shall ensure confidentiality of information about depositors’ bank settlement accounts. Banks shall have the right to decline Article 10 The People’s Bank of China is the supervisory authority of bank settlement accounts. Chapter II Opening of Bank Settlement Accounts Article 11 The basic deposit accounts are bank settlement accounts that the depositors need to open to conduct day-to-day transfer and settlement (1) An enterprise that is a legal entity. (2) An enterprise that is not a legal entity. (3) Government agencies and public institutions. (4) Military units, armed police and detachment on separate missions that are above regiment level. (5) Social organizations. (6) Non-enterprise private organizations. (7) Permanent office outside its place of residence. (8) Resident offices of international organizations in China. (9) Self-employed entities. (10) Community agencies. (11) Subsidiaries of institutions that maintain independent accounts. (12) Other organizations. Article 12 General deposit accounts are bank settlement accounts opened by a depositor for borrowing or other payment needs with banks other Article 13 Special deposit accounts are bank settlement accounts opened by a depositor to separately manage and use earmarked funds in accordance (1) Funds for capital construction. (2) Funds for technology upgrading. (3) Extra budgetary funds. (4) Funds for procurement of grain, cotton and edible oil. (5) Settlement funds for securities transactions. (6) Margin funds for futures trading. (7) Trust funds. (8) Interbank deposits of financial institutions. (9) Funds for policy encouraged real estate development. (10) Deposit reserves for banking cards of enterprises. (11) Housing provident funds. (12) Social security funds. (13) Surrendered proceeds and funds for business spending. (14) Operational funds for offices of the Party, the Youth League and the Trade Union institutions. (15) Other funds that need to be separately managed and used. Surrendered proceeds and funds business spending refer to income and expenses of non-financially independent subsidiaries detachments Special deposit accounts opened for surrendered proceeds and funds for business spending shall use the name of the parent institution. Article 14 Temporary deposit accounts are bank settlement accounts opened by a depositor for temporary need and to be used in a limited period (1) Establishment of temporary institutions. (2) Temporary operations in different places. (3) Examination of registered capital requirement compliance. Article 15 Bank settlement accounts for individuals are deposit accounts opened by natural persons for investment, consumption and settlement (1) Using credit payment instruments such as checks and credit cards. (2) Conducting settlement business such as remittance, regular credit, regular debit and debit card business. A natural person may either apply for opening of bank settlement accounts for individuals according to his or her own needs, or select Article 16 A depositor may open bank settlement accounts outside its place of residence on any of the following occasions: (1) Places of business registration and operation are in different administrative areas (different provinces, cities, counties), which (2) Borrowing from other places or conducting other settlement, which need to open general deposit accounts. (3) A depositor needs to open special deposit accounts for surrendered proceeds or business spending of its non-financially independent (4) Conducting temporary business operation outside its place of residence that need to open temporary deposit accounts. (5) A natural person that needs to open bank settlement accounts for individual used outside its place of residence. Article 17 When applying for opening basic deposit accounts, a depositor shall produce documents according to the following rules: (1) If the depositor is an enterprise that is a legal entity, it shall present the original copy of the business license for a legal entity. (2) If the depositor is an enterprise that is not a legal entity, it shall present the original copy of the business license for an enterprise. (3) Government agencies and public institutions that are included in the budget process shall produce approval letters or certificates (4) Military units, armed police units at or above regimental level and detachments on separate missions shall present certificates of (5) Social organizations shall produce their registration certificates, while religious organizations shall produce approval letters or (6) Private non-enterprise organizations shall produce registration certificates for private non-enterprise organizations. (7) Resident offices outside their places of residence shall produce approval letters issued by the government of where they are located. (8) Resident offices in China of international organizations shall produce approval letters or certificates issued by relevant Chinese (9) Self-employed entities shall produce original copies of their business licenses. (10) Community agencies shall produce approval letters and certificates issued by relevant authorities. (11) Financially independent subsidiaries shall produce registration certificates for opening of basic deposit accounts and approval letters (12) Other organizations shall produce approval letters or certificates issued by relevant authorities. Depositors in this Article that are taxpayers and engaged in productive and commercial activities shall, in addition, produce tax Article 18 When applying for opening general deposit accounts, a depositor shall produce relevant documents according to the following requirements, (1) If in need of borrowing from banks, the depositor shall produce borrowing contracts. (2) If for the purpose of conducting other settlement, the depositor shall produce relevant documents. Article 19 When applying for opening special deposit accounts, a depositor shall produce relevant documents according to the following requirements, (1) As for depositing funds of capital construction, technology upgrading, policy encouraged real estate development, housing provident (2) As for depositing extra budgetary funds, the depositor shall produce approval of fiscal agencies. (3) As for depositing funds for procurement of grain, cotton and edible oil, the depositor shall produce approval of relevant authorities. (4) As for depositing reserve funds of institutions for banking card transactions, the depositor shall produce relevant documents according (5) As for depositing settlement funds for securities transactions, the depositor shall produce certificates issued by securities firms (6) As for depositing margin funds for futures trading, the depositor shall produce certificates issued by futures firms or the futures (7) As for interbank deposits of financial institutions, the depositor shall produce relevant certificates. (8) As for depositing surrendered proceeds and funds for business spending, the depositor shall produce relevant certificates of the depositors (9) As for depositing operational funds for offices of the Party, the Youth League and the Trade Union in institutions, the depositor (10) As for depositing other funds required to be managed or used separately, relevant copies of laws and regulations or relevant documents Article 20 Special RMB account and RMB fund settlement accounts opened by qualified foreign institutional investors (QFII) for the convenience Article 21 When applying for opening temporary deposit accounts, a depositor shall produce relevant documents to banks according to the following (1) As for temporary institutions, they shall produce approval for their establishments issued by relevant authorities in residence place. (2) As for construction or equipment installation enterprises operating outside their original registration location, they shall produce (3) As for institutions engaged in temporary operations outside their original registration location, they shall produce original copies (4) As for funds deposited for registration and examination of capital requirement compliance, the depositor shall produce Notice of Advance Depositors that fall into section (2) and (3) shall, in addition, produce their registration certificates for opening of basic deposit Article 22 When applying for opening of bank settlement accounts for individuals, depositors shall produce ID cards to banks according to the (1) Residents of China shall produce ID cards or temporary ID cards. (2) Military units servicemen shall produce their army ID cards. (3) Armed Police shall produce their armed police ID cards. (4) Residents of Hong Kong, Macau and Taiwan shall produce valid ID cards issued by the state immigration/emigration authorities. (5) Foreign citizens shall produce passports. (6) Other valid certificates stipulated by laws, regulations and relevant state documents. When opening bank settlement accounts for individuals, banks may also require applicants to produce other valid certificates accordingly, Article 23 When a depositor needs to open bank settlement accounts for institutions outside their original registration location, relevant certificates (1) Depositors that are registered and operating outside their administrative places, when opening basic deposit accounts outside their (2) Depositors that borrow from outside their original registration location, when opening general deposit accounts outside their places (3) Depositors to effect proceeds surrender and business spending outside their original registration location due to operational needs, Depositors that fall into Section (2), (3) of this Article shall, in addition, produce their registration certificates of opening Depositors that need to open bank settlement accounts for individuals outside their original registration location shall produce certificates Article 24 post_titles that institutions use to open bank settlement accounts shall be consistent with those they provide in their certificate documents Article 25 When a bank opens a general deposit account, an special deposit account or a temporary deposit account for a depositor, it shall inform Article 26 Applications for the opening of bank settlement accounts for institutions may be filed by the legal person or head of the applying If it is the legal entity or head of the institution that files the application, in addition to required certificates, he or she still Article 27 When applying for opening of bank settlement account, a depositor shall fill the application form for opening of such account. The Article 28 Banks shall carefully verify the authenticity, integrity and regulatory compliance of certificate and filled-in information in the When the application form is filled completely and meets the requirements for opening a basic deposit account, a temporary deposit Article 29 The People’s Bank of China shall review the regulatory compliance of the documents submitted for opening basic deposit accounts, temporary Article 30 When opening a bank settlement account for a depositor, the bank shall sign an agreement with the depositor on the management of that Article 31 Registration certificates of opening accounts are the valid proof containing information on bank settlement accounts for institutions. Article 32 When opening general deposit accounts, special deposit accounts or temporary deposit accounts for depositors, banks shall record on Chapter III Use of Bank Settlement Accounts Article 33 Basic deposit account is the principal account for a depositor. Funds receipt and payment in depositors’ day-to-day operations, as Article 34 General deposit account is to be used for depositing borrowing proceeds, repaying debt and other settlements. Such an account may Article 35 Special deposit account is to be used for receipt and payment of various earmarked funds. Funds deposited in enterprise banking card accounts shall only be transferred from the basic deposit accounts and are not allowed Cash withdrawal is not allowed from special deposit accounts for extra budgetary funds, settlement funds of securities transactions, If depositors need to withdraw cash from accounts set for depositing funds of capital construction, technology upgrading, policy encouraged Cash withdrawal from special deposit accounts for depositing social security funds, housing provident funds and funds for procurement Accounts set for depositing proceeds surrender are not allowed to conduct payment transactions except for transferring funds to the Banks shall reinforce surveillance according to these rules and rules on management and use of funds for procurement of grain, cotton Article 36 Temporary deposit accounts are to be used for funds receipt and payment resulted from temporary operations by temporary institutions The validity period of temporary deposit accounts shall be determined according to the validity period defined in the relevant certificate Cash withdrawal from the temporary deposit accounts shall be conducted in accordance with relevant rules on cash management. Article 37 Temporary deposit account opened for depositing funds for registration and examination of capital requirement compliance may only Article 38 In the case of depositors opening bank settlement accounts for institutions, such accounts may only be used to conduct payment transactions Article 39 Bank settlement accounts for individuals are to be used to conduct individuals’ receipt and disbursement of fund transfers, as well (1) Income of salary and bonus. (2) Author’s remuneration and performance remuneration of actors. (3) Principle and returns of investment such as bonds, futures and trust. (4) Gains from transfer of personal debt or ownership. (5) Deposits of retail loan proceeds. (6) Settlement funds for securities transactions and margin funds for futures trading. (7) Inherited or granted funds. (8) Insurance compensation and returned premium. (9) Tax rebate. (10) Sales income of agricultural and mineral products. (11) Other legitimate proceeds. Article 40 When an institution disburses funds from its bank settlement account to a bank settlement account for individuals, it shall produce (1) Agreement on entrusted salary payment and the name list of recipients. (2) Certificates of rewards. (3) Contracts signed between recipients and the publishing houses or sponsors of the show performance, or certificates of disbursement (4) Certificates of disbursement or rebate of funds to natural persons by securities firms, futures firms, trust and investment companies (5) Agreement of debt or ownership transfer. (6) Borrowing contract. (7) Warrant of insurance company. (8) Warrant of taxation authorities. (9) Purchase and sale contracts of agricultural and mineral products.
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