RENEWABLE ENERGY LAW
Renewable Energy Law of the People’s Republic of China | |
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Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress. | |||||||||||
Renewable Energy Law of the People’s Republic of China | |
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Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress. | |||||||||||
People’s Bank of China Announcement of the People’s Bank of China on Improving the Inter-bank Spot Foreign Exchange Market Announcement [2006] No.1 of the People’s Bank of China For the purpose of improving the managed floating exchange rate system on the basis of market supply and demand with reference to I. Since January 4, 2006, over-the-counter transactions (hereinafter referred to as the OTC transactions) will be brought into the inter-bank II. Since January 4, 2006, the People’s Bank of China will authorize the China Foreign Exchange Trade System , at 9:15 AM on each workday, III. After OTC transactions is introduced, the formation mechanism of the central parity of exchange rate of RMB against US dollars, which IV. The central parity of exchange rate of RMB against euro, Japanese yen and Hong Kong dollar shall be calculated and confirmed by the V. After this Announcement is promulgated, the existing provisions shall still be followed for the band of fluctuation of RMB against In accordance with the economic and financial situations both home and abroad, the People’s Bank of China shall take charge of managing People’s Bank of China January 3, 2006 |
People’s Bank of China
2006-01-03
the General Administration of Customs Circular of the General Administration of Customs on Relevant Issues concerning Policies of Import Duty for World Expo 2010 Shanghai Shu Shui Fa [2006] No.3 January 4, 2006 Guangdong Branch of the General Administration of Customs, special commissioners’ offices of the General Administration of Customs Preferential policies of import duty will be given to the materials imported for the purpose of holding World Expo 2010 Shanghai (hereinafter I. Specific contents of the preferential policies of import duty 1. When the Bureau of Shanghai World Expo Coordination imports materials, which are donated by foreign governments and international 2. Customs duties and import linkage value-added tax shall be exempted on non-for-sale design programs, such as models, maps, plates, 3. Customs duties and import linkage value-added tax shall be exempted in the light of the provisions of relevant policies on the equipment 4. The exhibits and equipment imported by overseas exhibitors during the period of the World Expo shall be treated in light of the provisions 5. The non-for-sale documents, such as publicity materials and designs, pertinent to the World Expo, and only used within the park areas 6. Within the park areas of the World Expo, customs duties and import linkage value-added tax shall be exempted on building and decoration 7. For the purpose of holding exhibition activities within the park areas of the World Expo, the national artistic works and special II. Relevant problems in the implementation of the policies 1. The formalities for the examination and approval of tax exemption on import materials for the World Expo shall be brought into the 2. Where there involves in the aforesaid preferential policies of import duty the range, quantity, and amount of tax-exemption commodities, 3. The preferential policies of import duty for the World Expo shall go into effect as of the day of December 7, 2005. The tax money If encountering any problem in the implementation, please reflect it to the Department of Tariff of the General Administration of It is hereby announced. |
the General Administration of Customs
2006-01-04
Letter of China Banking Regulatory Commission concerning Approval for Xiamen Branch of Chiyu Banking Corporation Limited to Deal in Chiyu Banking Corporation Limited, The letter which was signed by Wu Wengong, general manager of your bank, and was addressed to this Commission has been received. The following reply is hereby given to you according to the Regulation of the People’s Republic of China on the Administration of Within the scope prescribed in Article 17 of the Regulation, your Xiamen Branch is hereby approved to deal in RMB business services Your bank is hereby approved to make additional allocations of a sum of RMB working capital in convertible currencies, equivalent After increasing capital and performing statutory procedure in accordance with the Regulation and the Detailed Rules, your Xiamen China Banking Regulatory Commission January 6, 2006 |
China Banking Regulatory Commission
2006-01-06
Ministry of Finance, Ministry of Commerce Circular of the Ministry of Finance and the Ministry of Commerce on Relevant Issues concerning Financial Interest Subsidy to Loans Cai Qi [2006] No.5 Departments (Bureaus) of Finance, Commerce Authorities in Charge in all provinces, autonomous regions, and municipalities directly In order to support and encourage the enterprises with comparative advantages to “go global”, and to further expand the business of I. Required Qualifications for the Enterprise and Project Applying for Interest Subsidy (i) These qualifications as follows are required for the enterprise applying for interest subsidy: 1. Legally registered and having an independent status of a legal person; 2. Having the qualification approved by the Ministry of Commerce in foreign economic cooperation business; 3. Having not committed such activities as falling into arrears of and misappropriating fund for joint venture or cooperation program 4. Accepting the guidance and coordination from the finance and commerce authorities in charge and the Chinese economic and commercial (ii) The program applying for interest subsidy shall meet these conditions as follows: 1. Submitting the statistical materials in accordance with the provisions in the Statistical System on Foreign Contracted Projects, Labor 2. The program contract shall be valid within the period from January 1, 2005 to December 31, 2005, and the contracted value of each 3. The loan contract of a program shall be valid within the period of from January 1, 2005 to December 31, 2005, and the amount of each 4. The contract-signing enterprise shall be identical with the loan enterprise; and 5. According with China’s policies in foreign trade and economic cooperation. II. The Application Document and Procedure (i) An enterprise applying for interest subsidy shall provide these documents as follows: 1. An application letter for interest subsidy; 2. A specification of the enterprise’s application (refer to Annex I for details); 3. Basic information of the foreign contracted project and a list of interest payment for bank loans in 2005 (refer to Annex II for details); 4. A copy of the duplicate of Business License for Enterprises as Legal Persons; 5. A copy of the commerce part of the program contract (Chinese version or a translated version in Chinese); 6. The written opinions concerning the implementation of contract from the Chinese economic and commercial authorities stationed in foreign 7. A copy of the loan contract from the bank; and 8. A duplicated copy of the voucher of clearing for bank loan, interest payment and loan repayment. (ii) Procedure of Application 1. The enterprise administered by the local government shall, before February 28, 2006, submit the aforesaid documents to the local provincial 2. The enterprise administered by the central government shall submit, together with other relevant application documents, the Summary 3. The Ministry of Finance and the Ministry of Commerce shall together release the documents on funds subject to interest subsidy, after III. Standard for Interest Subsidy (i) The interest subsidy rate per year for the RMB loan shall be no more than the benchmark interest rate of the corresponding period (ii) The term limit of interest subsidy shall be calculated in accordance with the actual loan term limit on month of the Gregorian calendar; (iii) The time of interest subsidy for a program shall be no more than 3 years; (iv) Interest subsidy shall not be granted to interest increase and interest penalty outside normal loans; (v) Interest subsidy shall only be granted to one loan for each foreign contracted project; and (vi) The amount of interest subsidy shall be calculated in RMB. IV. The economic and commercial authorities stationed in foreign countries shall, in accordance with the requirements in item 6, paragraph V. In order to do well the work of financial interest subsidy in 2005 and to enhance the efficiency, all the enterprises are required VI. The enterprise, upon receiving funds subject to interest subsidy, shall utilize them to subtract the financial expense of the year Annexes: 1. The Specification of the Enterprise’s Application 2. Basic Information of the Foreign Contracted Project and List of Interest Payment for Bank Loans in 2005 3. Opinions of Office of Economic and Commercial Counselor Stationed in 4. Summary Statement of the First-instance Examination on Interest Subsidy for Loan of Foreign Contracted Project Ministry of Finance, Ministry of Commerce January 9, 2006 htm/e04740.htm Annex I. Specification of Enterprises Application
Notes: 1. The legal representative or his/her entrustee shall sign his/her name in hand, and personal seal is invalid. 2. In case that an entrustee signs, the original copy of the certificate of entrust signed in hand by the legal representative and 3. The bank account used for appropriated funds subject to interest subsidy shall be the companys, and it shall be correctly filled
Annex II. Basic Information of the Foreign Contracted Project and List of Interest Payment for Bank Loans in 2005
PROTECTION MEASURES FOR INTELLECTUAL PROPERTY RIGHTS DURING EXHIBITIONS
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Ministry of Agriculture Order of the Ministry of Agriculture No. 56 The Administrative Measures for Grass Seeds, which were adopted at the 2nd executive meeting of the Ministry of Agriculture on January Minister Du Qinglin January 12, 2006 The Administrative Measures for Grass Seeds Chapter I General Provisions Article1 The present Measures are formulated according to the Seed Law of the People’s Republic of China and the Pasture Law of the People’s Article2 Such activities as selection and cultivation of grass varieties as well as production, business operation, use and management of grass Article3 The term “grass seeds” as mentioned in the present Measures refers to such materials of planting or propagation as grains, fruits, Article4 The Ministry of Agriculture shall take charge of the administration of grass seeds throughout the country. The administrative departments of pasture of local people’s governments at or above the county level shall take charge of the administration Article5 The administrative department of pasture and its functionary shall not participate in or engage in any production or business operation Article6 The administrative department of pasture of the local people’s government at or above the county level shall intensify the protection Chapter II Protection of Grass Germplasm Resources Article7 The state protects grass germplasm resources and no entity or individual may injure or damage any resource. Article8 The Ministry of Agriculture may formulate a roster of key grass germplasm resources under state protection according to relevant requirements. Article9 The Ministry of Agriculture may organize relevant entities to collect, straighten out, authenticate, register, preserve, exchange Article10 The Ministry of Agriculture and the administrative departments of pasture of the provincial people’s governments may, according to Article11 It’s prohibited to collect or excavate any key natural grass germplasm resource under state protection. In the case of any special Article12 Any grass germplasm resource as imported from a foreign country shall be subject to relevant inspection and quarantine according to As to any grass seed that has been introduced for the first time, an isolated trial planting shall be carried out and a risk appraisal Article13 The state has sovereignty over grass germplasm resources. Where any entity or individual provides any grass germplasm resource to Chapter III Selection and Cultivation as well as Examination and Approval of Grass Varieties Article14 The state encourages an entity or individual to engage in the selection and cultivation of grass varieties, encourage an entity of Article15 The state adopts an examination and approval system for new grass varieties. Where any new grass variety fails to pass relevant examination Article16 A National Committee for Grass Examination (hereinafter referred to as the NCGE) as established by the Ministry of Agriculture shall The NCGE shall be composed of specialized personnel that hold senior professional and technical post_titles or assume any post of section The director, associate directors and commissioners of the NCGE shall be appointed by the Ministry of Agriculture. Article17 As to any new grass variety that has passed the examination and approval, the NCGE shall issue a certificate thereto and the Ministry An announcement on examination and approval shall include variety names, selector and producer and adaptive areas. As to any new grass variety that fails to pass the examination and approval, the NCGE shall inform the applicant in written form and Article18 Where any foreign citizen, enterprise or other organization that has no habitual residence or business place in China applies for Chapter IV Production of Grass Seeds Article19 A licensing system shall be adopted for the production of major grass seed products. A License for Production of Grass Seeds shall be subject to the verification and issuance of the administrative department of pasture Article20 An entity or individual that applies for collecting a Production License for Grass Seeds shall meet the following requirements: (1) Having the conditions of isolation and breeding for propagation of grass seeds; (2) Having a production site of grass seeds where there is no quarantine subject as prescribed by the state; (3) Having the relevant capital as well as facilities for production and inspection compatible with the production of grass seeds; (4) Having relevant specialized production and inspection technicians; and (5) Meeting any other requirements as prescribed by any law or regulation. Article21 Any person or entity that applies for collecting a Production License for Grass Seeds shall submit the following materials: (1) An application form for the Production License for Grass Seeds; (2) The certification on the qualification of specialized production and inspection technicians; (3) The certification materials on its registered capital; (4) A checklist and photos of inspection facilities and instruments and equipment as well as the certification on the property right or (5) An introduction to the grass seed yard or a photo of grass drying equipment as well as the certification on the property right or (6) A photo of the grass warehousing facilities as well as the certification on the property right or legal use right thereof; (7) The inspection and quarantine certification on the production site of grass seeds as well as an introduction thereto; (8) A quality guaranty system of grass seed production; and (9) An introduction to variety properties. Where any variety is an authorized one, a written certification or variety transfer contract as approved by the owner of the variety Article22 The organ in charge of examination and approval shall conclude an examination and make a decision on whether or not to issue a Production Where necessary, the organ in charge of examination and approval may carry out an on-the-spot inspection regarding production site, Article23 The format of the Production License for Grass Seeds shall be uniformly formulated by the Ministry of Agriculture. The valid term of a Production License for Grass Seeds is 3 years. Where any production needs to be extended upon expiration of the Within the valid term of a Production License for Grass Seeds, where any item as indicated on the License is altered, the relevant Article24 No entity or individual may, without a Production License for Grass Seeds, engage in any production of major grass seed products. It’s prohibited to forge, alter, purchase or sell, or rent or borrow any Production License for Grass Seeds. Article25 An entity or individual that engages in the production of grass seeds shall carry out the grass seed production according to the Technical Chapter V Business Operation of Grass Seeds Article26 A licensing system shall be adopted for the business operation of grass seeds. An entity or individual that engages in grass seed A business operation license for crossbreed seeds, parent seeds or original seeds of original strains of major grass seeds shall be As to any person or entity that engages in the import of grass seeds, a License for the Business Operation of Grass Seeds shall be Any other business operation licenses for grass seeds shall be subject to the verification of and be issued by the administrative Article27 Any entity or individual that applies for collecting a License for the Business Operation of Grass Seeds shall meet the following (1) Having sufficient capital compatible with the variety and quantity of grass seeds under business operation as well as the capability (2) Having relevant personnel who are capable of identifying the varieties of and examining the quality of grass seeds under business (3) Having a business place as well as warehousing facilities compatible with the varieties and quantity of grass seeds under business (4) Meeting any other requirement as prescribed by any law or regulation. Article28 An entity or individual that applies for collecting a License for the Business Operation of Grass Seeds shall submit the following (1) An application form for a License for the Business Operation of Grass Seeds; (2) A photocopy of its business place as well as the certification on property right or legal use right thereof; and (3) A checklist and photo of warehousing facilities of grass seeds as well as the certification on property right or legal use right thereof. Article29 The organ in charge of examination and approval shall conclude an examination and make a decision on whether or not to approve and Where necessary, the organ in charge of examination and approval may carry out an on-the-spot inspection on the relevant business Article30 The format for a License for the Business Operation of Grass Seeds shall be uniformly prescribed by the Ministry of Agriculture. The valid term of a License for the Business Operation of Grass Seeds is 3 years. Where any business needs to be extended upon expiration Within the valid term of a License for the Business Operation of Grass Seeds, where any item as indicated on the License is altered, Article31 No entity or individual may, without a License for the Business Operation of Grass Seeds, engage in the business operation of grass It’s prohibited to forge, alter, purchase or sell, or rent or borrow any License for the Business Operation of Grass Seeds. Article32 A business operator of grass shall be responsible for the quality of grass seeds under business operation and shall, according to Article33 The grass seeds at sale shall be packaged. If they are packed into small packages, the package undertaking entity, the name of the Article34 A label shall be attached to any grass seed at sale, which shall indicate the category of the grass seed, variety name, seed batch The contents as indicated on a label shall comply with the real state of the grass seed at sale. A label in Chinese shall be attached to any imported grass seed at sale. Article35 A business operator of grass seeds shall establish an operating archive of grass seeds, which shall indicate such contents as brief An operating archive shall be preserved for 2 years after the sale of grass seeds. Article36 The administrative department of pasture at or above the county level shall intensify the supervision and administration of grass Chapter VI Quality of Grass Seeds Article37 The Ministry of Agriculture shall take charge of formulating a national supervisory sampling planning for grass seed quality as well The expenses for supervisory sampling shall be incorporated into the budget of the administrative department of pasture and shall As to any enterprise that has gone through a supervisory sampling as conducted by the administrative department of pasture, the administrative Article38 The administrative department of pasture may entrust an inspection institution of grass seeds to carry out a quality inspection on Any institution that engages in quality inspection of grass seeds shall have relevant testing conditions and capabilities and shall Article39 A inspector of grass seeds in an inspection institution of grass seed quality shall meet the following requirements: (1) Having relevant academic background at or above the junior college level or professional post_title at or above the intermediate level; (2) Engaging in the technological work relating to the inspection of grass seeds for no fewer than 3 years; and (3) Having passed an examination as conducted by the administrative department of pasture of the people’s government at or above the provincial Article40 A quality inspection shall be carried out according to the State Rules on Forage Seed Testing for the grass seeds subject to supervisory Article41 Such contents as the name of relevant grass seed, sampling date, quantity of relevant grass seed under testing, seed batch number A Testing Report on Grass Seed Quality shall be filled in by a seed inspector who conducts testing upon the strength of qualification Article42 Where any person subject to sampling has any different opinion over any inspection result, he shall, within 15 days as of receiving The administrative department of pasture that has received an application for re-examination shall carry out the relevant examination Article43 It is prohibited to produce or operate any fake or bad grass seed: Under any of the following circumstances, a grass seed falls within the category of fake grass seeds: (1) Imitating grass seed by any non-grass-seed or imitating grass seeds of other variety by grass seeds of this variety; or (2) The category, variety or production place of any grass seed not complying with the contents as indicated on the label. Under any of the following circumstances, a grass seed falls within the category of bad grass seeds: (1) The quality failing to meet the standards for use of seeds as prescribed by the state; (2) The quality failing to meet the indicators as labeled; (3) Failing to be used due to deterioration; (4) The ratio of wild weed seeds going beyond the relevant provision; or (5) Carrying any quarantine subject as prescribed by the state. Article44 Any grass seed under production and business operation shall be subject to inspection and quarantine according to the provisions of No entity or individual may carry out any inoculation research on plant/insect diseases in any production base of grass seeds. Chapter VII Administration of Import and Export of Grass Seeds Article45 An entity that engages in the import or export of grass seeds shall, in addition to having obtained a License for the Business Operation Article46 An examination and approval system shall be adopted for the import and export of grass seeds. Any entity or individual that applies for the import or export of grass seeds shall fill in an Examination and Approval Form for Import The valid term for an examination and approval document of grass seeds shall be 3 months. Article47 The grass seeds to be imported or exported shall meet the following requirements: (1) The quality of grass seeds shall meet the state standards; (2) The relevant certification on the name, quantity and place of origin of relevant grass seed is authentic and complete; and (3) It is not any of the grass seeds as prohibited by the state from import or export. Any entity or individual that applies for importing or exporting any grass seed shall submit the following materials: (1) A License for the Business Operation of Grass Seeds, a duplicate of the business license as well as the trade qualification certification (2) The certification materials on the name, quantity and place of origin of the relevant grass seed; and (3) The international examination and approval certificate of the imported grass variety or a roster of registered varieties; Article48 Where any grass seed is imported for producing seeds for a foreign country, it may not be restricted by Article45 of the present Measures. Chapter VIII Supplementary Provisions Article49 Any entity or individual that violates any provision of the present Measures shall be punished according to the relevant provisions Article50 The administration of selection, cultivation, testing, popularization, production, processing, business operation and import and export Article51 As to the collection, excavation or provision-to-the-overseas or introduction-from-the overseas of any grass germplasm resource that Article52 The term “major grass seeds” as mentioned in the present Measures refers to the following: clover, erect milkvetch, caragana, sainfoin, The term “grass seeds” as mentioned in the present Measures shall not include any field crop such as corn and forage sorghum. Article53 The present Measures shall come into force as of March 1, 2006. The Interim Measures for the Administration of Forage Seeds (for Trial |
Ministry of Agriculture
2006-01-12
China Banking Regulatory Commission Order of China Banking Regulatory Commission No. 4 The Measures of China Banking Regulatory Commission for the Implementation of Administrative Licensing Matters Concerning Foreign-funded Liu Mingkang, Chairman of China Banking Regulatory Commission January 12, 2006 The Measures of China Banking Regulatory Commission for the Implementation of Administrative Licensing Matters Concerning Foreign-funded Chapter I General Provisions Article 1 These Measures are formulated for the purposes of regulating the administrative licensing acts of China Banking Regulatory Commission Article 2 These Measures shall apply to solely foreign -funded banks, equity joint banks, solely foreign-funded financial companies, equity The term “foreign-funded legal person institution” as mentioned in these Measures refers to solely foreign-funded banks, equity joint Article 3 China Banking Regulatory Commission and its dispatched institutions shall implement the administrative licensing relating to foreign-funded Article 4 The following matters of the foreign-funded financial institutions shall be subject to the administrative license of the CBRC and Article 5 The submitted materials ruled by these Measures, except for annual statements, shall be accompanied by a Chinese translation if they Article 6 For any materials as required to be submitted by these Measures, if they are required to bear the signature of the authorizing party, Except for the photocopy of business license issued by a Chinese administrative organ for industry and commerce, the photocopy of Chapter II Establishment of Institutions Section 1 Establishment of Solely Foreign-funded Banks and Equity Joint Banks Article 7 The minimum limitation amount of registered capital of a solely foreign-funded bank or equity joint bank shall be a sum of convertible The CBRC may, according to the business scope of the solely foreign-funded bank or equity joint bank and the requirement for prudent Article 8 To establish a solely foreign-funded bank or equity joint bank, the applicant shall meet the following conditions: (1) The investor of the solely foreign-funded bank or the foreign party of the equity joint bank is a financial institution; (2) The sole shareholder or biggest shareholder of the solely foreign-funded bank must be a commercial bank with a capital adequacy ratio (3) The sole shareholder or biggest shareholder of a solely foreign-funded bank must have a representative office in China which has existed (4) By the end of the fiscal year prior to the filing of an application, the total assets of the sole shareholder or biggest shareholder (5) The country or region where the investor of a solely foreign-funded bank or the foreign counterpart of an equity joint bank is located (6) The relevant competent authority of the country or region where the investor of a solely foreign-funded bank or the foreign counterpart Article 9 To establish a solely foreign-funded or equity joint bank, the applicant shall satisfy the following prudent requirements in addition (1) Having a reasonable corporate governance structure; (2) With good continuous business performances; (3) Having formulated financial statements by following the prudent accounting principle, and the accounting firm holding non- reserved (4) Without record of serious violation of law or regulation, and without bad credit record; (5) Enjoying a good industry reputation and social image; (6) Meeting other relevant requirements for the investors of financial industry as provided for in the laws and regulations; and (7) Other prudent requirements as provided for by the CBRC. Article 10 The establishment of a solely foreign-funded or equity joint bank shall be divided into two stages, i.e. the application for preparatory Article 11 The application for the preparatory establishment of a solely foreign-funded or equity joint bank shall be subject to CBRC for the To apply for the preparatory establishment of a solely foreign-funded or equity joint bank, the applicant shall submit the application Within 20 days after the institution dispatched by the CBRC at the place where the solely foreign-funded or equity joint bank is Article 12 To apply for the preparatory establishment of a solely foreign-funded or equity joint bank, an applicant shall submit the following (1) A preparatory establishment application document (letter) which is jointly signed by the chairmen of the board of directors, or presidents (2) A feasibility study report, which content shall at least contain the basic information of the applicant, analyses of the market prospect (3) The articles of association of the solely foreign-funded or equity joint bank to be established; (4) An equity joint contract for the equity joint bank to be established; (5) A photocopy of the business license or any other financial business licensing document of the investor of the solely foreign-funded (6) The recent 3 years’ annual statements of the investor of the solely foreign-funded bank or of each investor of the equity joint bank; (7) The document (letter) of opinions of the relevant competent authority of the country or region where the investor of the solely foreign-funded (8) For the applicant which establishes a solely foreign-funded or equity joint bank for the first time, it shall submit the information (9) The articles of association of the applicant; (10) The diagram of the organizational structure of the applicant and the group to which it belongs, name list of the main shareholders, (11) The bylaws or rules of the applicant on anti-money laundering; and (12) Other materials as required by the CBRC. The application materials submitted by the applicant to the CBRC shall be in duplicate, and one copy shall be sent to the institution Article 13 An applicant shall, within 15 days after it receives the document of approval of the preparatory establishment, fetch an establishment The applicant shall submit an establishment application prior to the expiration of the time limit as mentioned in the preceding paragraph. Article 14 After the preparatory establishment of a solely foreign-funded or equity joint bank is finished, the applicant may apply for the establishment To apply for the establishment of a solely foreign-funded or equity joint bank, the applicant shall submit application materials to The institution dispatched by the CBRC at the place where the financial institution is to be established shall, within 30 days after The CBRC shall, within 30 days after it receives a complete set of the application materials, make a decision of approval or disapproval. Article 15 To apply for the establishment of a solely foreign-funded or equity joint bank, the applicant shall submit the following application (1) An application which is signed by the head of the preparatory establishment group of the institution to be established and addressed (2) An application form as required by the CBRC; (3) The name list, resumes, and photocopies of identity certification and educational background certification of the candidate chairman (4) Declarations on having or no having bad record as signed by the candidates; (5) A capital verification certification issued by a statutory capital verification institution; (6) The security on guard measures, and materials of other facilities relating to the business; and (7) Other materials as required by the CBRC. Article 16 If the establishment of a solely foreign-funded or equity joint bank is approved, the applicant shall, after it receives the establishment A solely foreign-funded or equity joint bank shall start business within 6 months after it received the business license. If it fails If the solely foreign-funded or equity joint bank fails to start business within the time limits as mentioned in the preceding paragraph, Section 2 Establishment of Solely foreign-funded Finance Companies and Equity Joint Finance Companies Article 17 The minimum limitation amount of registered capital of a solely foreign-funded or equity joint finance company shall be a sum of convertible The CBRC may, according to the business scope of the solely foreign-funded finance company or equity joint finance company and the Article 18 To establish a solely foreign-funded or equity joint finance company, the applicant shall meet the following conditions: (1) The investor of the solely foreign-funded or the foreign part of the equity joint finance company is a financial institution; (2) The sole shareholder or biggest shareholder of the solely foreign-funded finance company shall be a commercial bank or a financial (3) The sole shareholder or biggest shareholder of a solely foreign-funded finance company shall have a representative office in China (4) By the end of the fiscal year prior to filing the application, the total assets of the sole shareholder or biggest shareholder of (5) The country or region where the investor of a solely foreign-funded finance company or the foreign counterpart of an equity joint (6) The relevant competent authority of the country or region where the investor of a solely foreign-funded finance company or the foreign Article 19 To establish a solely foreign-funded or equity joint finance company, the applicant shall, in addition to the requirements as mentioned Article 20 The establishment of a solely foreign-funded or equity joint finance company shall be divided into two stages, i.e. the application Article 21 The application for the preparatory establishment of a solely foreign-funded or equity joint finance company shall be subject to the To apply for the preparatory establishment of a solely foreign-funded or equity joint finance company, the applicant shall submit Within 20 days after the institution dispatched by the CBRC at the place where the solely foreign-funded or equity joint finance Article 22 To apply for the preparatory establishment of a solely foreign-funded or equity joint finance company, an applicant shall submit the (1) A preparatory establishment application document (letter) which is jointly signed by the chairmen of the board of directors, or the (2) A feasibility study report, which shall at least contain the basic information of the applicant, analyses of the market prospect of (3) The articles of association of the solely foreign-funded or equity joint finance company to be established; (4) A joint operation contract on the equity joint finance company to be established; (5) A photocopy of the business license or any other financial business licensing document of the investor of the solely foreign-funded (6) The recent 3 years’ annual statements of the investor of the solely foreign-funded finance company or of each investor of the equity (7) The document (letter) of opinions for the application by the relevant competent authority of the country or region where the investor (8) For the applicant which establishes a solely foreign-funded or equity joint finance company within China for the first time, it shall (9) The articles of association of the applicant; (10) The diagram of the organizational structure of the applicant and the group to which it belongs, name list of the main shareholders, (11) The bylaws or rules of the applicant on anti-money laundering; and (12) Other materials as required by the CBRC. The application materials submitted by the applicant to the CBRC shall be in duplicate, and one copy shall be sent to the institution Article 23 An applicant shall, within 15 days after it receives the document of approval of the preparatory establishment, fetch an establishment The applicant shall submit an establishment application prior to the expiration of the time limit as mentioned in the preceding paragraph. Article 24 After the preparatory establishment of a solely foreign-funded or equity joint finance company is finished, the applicant may apply To apply for the establishment of a solely foreign-funded or equity joint finance company, the applicant shall submit the application The institution dispatched by the CBRC at the place where the financial institution is to be established shall, within 30 days after The CBRC shall, within 30 days from the day it receives a complete set of application materials, make a decision of approval or disapproval. Article 25 To apply for the establishment of a solely foreign-funded or equity joint financial company, the applicant shall submit the following (1) An application (letter) which is signed by the head of the preparatory establishment group of the to-be-established institution (2) An application form as require by the CBRC; (3) The name list, resumes, and photocopies of identity certification and educational background certification of the candidate chairma CONSTITUTION ACT, 1982 – page 22
NOTES
(1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...
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