Order of the State Council of the People’s Republic of China
No.478
The Regulations of the People’s Republic of China on the Administration of Foreign-invested Banks has been adopted at the 155th Executive
Meeting of the State Council on November 8, 2006 and is hereby promulgated, and shall come into force as of December 11, 2006.
Premier of the State Council Wen Jiabao
November 11, 2006
Regulations of the People’s Republic of China on the Administration of Foreign-invested Banks
Chapter I General Provisions
Article 1
The present regulations are formulated for the purpose of strengthening and improving the supervision and administration of foreign-invested
banks and promoting the sound and stable operation of the banking industry so as to meet the demands arising from the work of opening
to the outside world and economic development.
Article 2
The term “foreign-invested banks” as mentioned in the present Regulations refers to the following institutions which have been approved
to be established to operate within the territory of the People’s Republic of China in accordance with relevant laws and regulations
of the People’s Republic of China:
1.
Solely foreign-invested banks established with sole investment of a foreign bank or joint investment of a foreign bank and other foreign
financial institutions;
2.
Chinese-foreign joint venture banks established jointly by foreign financial institutions and Chinese corporations and enterprises;
3.
Branches of foreign banks; or
4.
Representative offices of foreign banks.
The institutions listed in item 1 through item 3 in the preceding paragraph shall be hereinafter referred to as “foreign-invested
bank business institutions”.
Article 3
The term “foreign financial institutions” as mentioned in the present Regulations refers to financial institutions registered outside
the territory of the People’s Republic of China and approved or permitted by financial regulatory authorities in the countries or
regions where they are located. The term “foreign banks” as mentioned in the present Regulations refers to commercial banks registered
outside the territory of the People’s Republic of China and approved or permitted by financial regulatory authorities in the countries
or regions where they are located.
Article 4
Foreign-invested banks shall abide by the laws and regulations of the People’s Republic of China and shall not do harm to the national
interests, the social and public interests of the People’s Republic of China. The normal activities and legitimate rights and interests
of foreign-invested banks shall be protected by the laws of the People’s Republic of China.
Article 5
The banking regulatory institution of the State Council and the dispatched institutions thereof (hereinafter referred to as the banking
regulatory institution) shall be responsible for the supervision and administration of foreign-invested banks as well as their activities.
Where any other laws or regulations otherwise prescribe that other regulatory departments or institutions shall be responsible for
so doing, the provisions thereof shall prevail.
Article 6
The banking regulatory institution of the State Council shall be responsible for the formulation of relevant measures of encouragement
and guidance in accordance with the state regional economic development strategies and relevant policies, which shall come into force
upon approval by the State Council.
Chapter II Establishment and Registration
Article 7
The establishment of foreign-invested banks and the branches thereof shall be subject to the examination and approval of the banking
regulatory institution of the State Council.
Article 8
The minimum limit of registered capital for a solely foreign-invested bank or a Chinese-foreign joint venture bank shall be RMB 1
billion or convertible foreign currencies on a par with RMB 1 billion. The registered capital shall be the paid-in capital. The operating
capital of a branch of a solely foreign-invested bank and a Chinese-foreign joint venture bank within the territory of the People’s
Republic of China as provided by its head office shall be no less than RMB100 million or convertible foreign currencies on a par
with RMB100 million. The total operating capital of all branches as provided by the solely foreign-invested bank and the Chinese-foreign
joint venture bank shall be no more than 60% of the total capital of the head offices thereof. The operating capital of a branch
of a foreign bank as provided by its head office shall be no less than RMB200 million or convertible foreign currencies on a par
with RMB200 million. The banking regulatory institution of the State Council may, in light of the business scope of business institutions
of foreign-invested banks and the needs of prudent supervision, raise the minimum limit of registered capital or operating capital
thereof and prescribe the proportion of Renminbi thereof.
Article 9
Shareholders of solely foreign-invested banks and Chinese-foreign joint venture banks to be established or foreign banks that are
to establish branches or representative offices shall satisfy the conditions as follows:
1.
Having sustainable capability of gaining profits and good credibility and no record of major violations of the laws and regulations;
2.
Shareholders of the solely foreign-invested banks and foreign shareholders of Chinese-foreign joint venture banks to be established
or foreign banks that are to establish branches or representative offices shall boast experiences of engaging in international financial
businesses;
3.
Having effective anti-money laundering systems;
4.
Shareholders of the solely foreign-invested banks and foreign shareholders of Chinese-foreign joint venture banks to be established
or foreign banks that are to establish branches or representative offices shall be subject to effective supervision by the financial
regulatory authorities in the countries or regions where they are located from which they shall obtain approval for their applications;
and
5.
Other prudent conditions as prescribed by the banking regulatory institution of the State Council. The countries or regions where
shareholders of the solely foreign-invested banks and foreign shareholders of Chinese-foreign joint venture banks to be established
or foreign banks that are to establish branches or representative offices are located shall have complete financial supervision and
administration systems and good regulatory cooperation systems established between the financial regulatory authorities thereof and
the banking regulatory institution of the State Council.
Article 10
Shareholders of the solely foreign-invested banks to be established shall be financial institutions and the sole shareholder or the
controlling shareholder thereof shall satisfy, in addition to the conditions as prescribed in Article 9 of the present Regulations,
the following conditions:
1.
A commercial bank;
2.
Having a representative office within the territory of the People’s Republic of China for at least two years;
3.
With the total assets no less than US billion at the end of the year before the establishment application is put forward; and
4.
Having a capital adequacy ratio that is in accordance with the provisions of the financial regulatory authority in the country or
region where it is located and the banking regulatory institution of the State Council.
Article 11
Shareholders of the Chinese-foreign joint venture banks to be established shall satisfy the conditions as prescribed in Article 9
of the present Regulations, and in addition, the sole shareholder or the controlling shareholder thereof shall be a financial institution
and satisfy the following conditions:
1.
A commercial bank;
2.
Having a representative office established within the territory of People’s Republic of China;
3.
With the total assets no less than US billion at the end of the year before the establishment application is put forward; and
4.
Having a capital adequacy ratio that is in accordance with the provisions of the financial regulatory authority in the country or
region where it is located and the banking regulatory institution of the State Council.
Article 12
Foreign banks that are to establish branches shall satisfy, in addition to the conditions as prescribed in Article 9 of the present
Regulations, the following conditions:
1.
With the total assets no less than US billion at the end of the year before the establishment application is put forward;
2.
Having a capital adequacy ratio that is in accordance with the provisions of the financial regulatory authority in the country or
region where it is located and those of the banking regulatory institution of the State Council; and
3.
Where it is the first time for a foreign bank to establish branches, it shall have a representative office established within the
territory of the People’s Republic of China for at least two years.
Article 13
Foreign banks that have established business institutions within the territory of the People’s Republic of China shall not establish
new representative offices other than the existing ones, exclusive of regions that are supposed to be in accordance with the state
regional economic development strategies and related policies. Representative offices that have been converted into business institutions
upon approval shall go through formalities for the cancellation of registration of the former representative offices under law.
Article 14
To establish a foreign-invested bank business institution, preparations for the establishment shall be first applied for, and the
following application materials shall be submitted to the banking regulatory institution in the place where the institution is to
be established:
1.
An application form with the contents covering the name, site, registered capital or operating capital, types of business under application
of the institution to be established;
2.
A feasibility study report;
3.
The draft articles of association of the solely foreign-invested bank and the Chinese-foreign joint venture bank to be established;
4.
The operating contract signed by and between shareholders of all parties of the solely foreign-invested bank and the Chinese-foreign
joint venture bank to be established;
5.
The articles of association of shareholders of the solely foreign-invested bank and the Chinese-foreign joint venture bank to be established
or the articles of association of the foreign bank that is to establish branches;
6.
Chart of the institutional structure of the shareholders of the solely foreign-invested bank and the Chinese-foreign joint venture
bank to be established, the foreign bank that is to establish branches and the conglomerate to which they belong, name-list of major
shareholders, overseas branches and name-list of affiliated enterprises;
7.
The annual financial statements of the last three years of the shareholders of the solely foreign-invested bank and the Chinese-foreign
joint venture bank to be established and the foreign bank that is to establish branches;
8.
The anti-money laundering systems of the shareholders of the solely foreign-invested bank and the Chinese-foreign joint venture bank
and the foreign bank that is to establish branches;
9.
Copies of business licenses or copies of license documents on operating financial business issued by financial regulatory authorities
in the countries or regions where the shareholders of the solely foreign-invested bank to be established, the foreign shareholders
of the Chinese-foreign joint venture bank to be established and the foreign bank that is to establish branches are located together
with the letter of opinions on the application; and
10.
Other material as required by the banking regulatory institution of the State Council.
The banking regulatory institution in the place where the institution to be established is located shall submit the application materials
together with opinions on the application to the banking regulatory institution of the State Council in a timely manner.
Article 15
The banking regulatory institution of the State Council shall make a decision on whether or not to approve the preparations for establishment
within six months as of the day of receiving all the required application materials for establishing the foreign-invested bank business
institution and shall inform the applicant in written form. Where the application is rejected, reasons shall be specified. Under
special circumstances where the banking regulatory institution of the State Council fails to finish examination and make the decision
on whether or not to approve the preparations for establishment within the period as previously prescribed, the period may be extended
appropriately, and the applicant shall be informed in written form; however, the extended period shall not exceed 3 months. The applicant
shall receive the application form for starting business from the banking regulatory institution in the place where the institution
to be established is located.
Article 16
The applicant shall complete the preparations within 6 months as of the day of receiving the approval for preparing the establishment.
Where the preparations fail to be finished within the prescribed period, reasons shall be specified and the period may be extended
for 3 months upon the approval of the banking regulatory institution in the place where the institution to be established is located.
Where the preparation work can not be finished within the extended period, the decision made by the banking regulatory institution
of the State Council on approving the preparations for establishment shall be invalidated automatically.
Article 17
As regards those who have completed the preparations for establishment upon acceptance, the applicant shall fill in the application
form for starting the operation and submit it together with the following materials to the banking regulatory institution in the
place where the institution to be established is located:
1.
The name-list of the principals of the institution to be established and their resumes;
2.
Letters of authorization for principals of the institution to be established;
3.
Certification on verification of capital issued by a statutory capital verification agency;
4.
Safety measures and materials of other facilities related to business;
5.
Tax and liability guarantee of the foreign bank for its branch bank as in the case of applying for establishing a foreign branch bank;
and
6.
Other materials as required by the banking regulatory institution of the State Council.
The banking regulatory institution in the place where the institution to be established is located shall submit the application materials
together with opinions after examination and approval to the banking regulatory institution of the State Council in a timely manner.
Article 18
The banking regulatory institution of the State Council shall make a decision on whether or not to approve the starting of operation
within 2 months from the day of receiving all the required application materials for starting the operation and shall inform the
applicant in written form. Where the application is approved, the financial transaction license shall be issued; where the application
is not approved, reasons shall be specified.
Article 19
Where a foreign-invested bank business institution is established upon approval, the applicant shall make the registration with and
draw the business license from the administration of industry and commerce based on the financial transaction license.
Article 20
To establish a foreign bank representative office, the following application materials shall be submitted to the banking regulatory
institution in the place where the representative office to be established is located:
1.
An application form with the contents covering the post_title and site of the representative office to be established;
2.
A feasibility study report;
3.
The articles of association of the applicant;
4.
Chart of the institutional structure of the applicant and the conglomerate to which it belongs, name-list of major shareholders, overseas
branches and name-list of affiliated enterprises;
5.
Annual financial statements of the last three years of the applicant;
6.
The anti-money laundering system of the applicant;
7.
Copies of the identity card and the academic credentials, resume and report of negative records of the top representative of the representative
office to be established;
8.
Letter of authorization for the top representative of the representative office to be established;
9.
Copies of business license or copies of license documents on operating financial business issued by the financial regulatory authority
in the country or region where the applicant is located together with the letter of opinions on the application thereof; and
10.
Other documents as required by the banking regulatory institution of the State Council.
The banking regulatory institution in the place where the representative office to be established is located shall submit the application
materials together with opinions after examination and approval to the banking regulatory institution of the State Council in a timely
manner.
Article 21
The banking regulatory institution of the State Council shall make a decision on whether or not to approve the establishment within
six months as of the day of receiving all the required application materials for establishing a representative office of the foreign
bank and shall inform the applicant in written form. Where the application is not approved, reasons shall be specified.
Article 22
Where a representative office is established upon approval, the applicant shall make the registration with and draw the registration
certificate of industry and commerce from the administration of industry and commerce based on the approval documents.
Article 23
The materials indicated in Article 14 , Article 17 and Article 20 , except the annual financial statements, shall have a Chinese
translation attached if they are written in a foreign language.
Article 24
In accordance with the principles of legitimacy, prudence and sustainable operation and upon approval by the banking regulatory institution
of the State Council, the foreign bank may convert the branches it established within the territory of China into solely foreign-invested
banks with its sole investment. The applicant hereof shall put forward application for establishing solely foreign-invested banks
in accordance with the conditions for examination and approval, procedures and materials required by the banking regulatory institution
of the State Council.
Article 25
Where the branches of a foreign bank are converted into solely foreign-invested banks with the sole investment of the head office
thereof, the foreign bank may reserve one branch engaged in foreign exchange wholesale business within the prescribed time limit.
The applicant hereof shall put forward applications for establishing solely foreign-invested banks in accordance with the qualifications
for examination and approval, procedures and materials required by the banking regulatory institution of the State Council.
The term “foreign exchange wholesale business” as mentioned in the preceding paragraph refers to foreign exchange business with clients
exclusive of individuals.
Article 26
The qualifications for appointment of directors, senior managerial personnel and the top representative shall be in accordance with
the requirements regulated by the banking regulatory institution of the State Council and shall be examined and approved by it.
Article 27
The Foreign banks that are under any of the following circumstances shall, upon approval of the banking regulatory institution of
the State Council, furnish application materials in accordance with relevant provisions and go through related registration with
the administration of industry and commerce:
1.
To modify registered capital or operating capital;
2.
To modify the post_title, business premises or site of office of the institution;
3.
To adjust the scope of business;
4.
To modify or adjust the share proportion of shareholders;
5.
To modify the articles of association; and
6.
Other circumstances as regulated by the banking regulatory institution of the State Council.
Where the foreign-invested banks are to change directors, senior managerial personnel and the top representative, their qualifications
for appointment shall be submitted to the banking regulatory institution of the State Council for examination and approval.
Article 28
Where shareholders are modified in solely foreign-invested banks and Chinese-foreign joint venture banks, the shareholders after
modification shall satisfy the conditions for shareholders as prescribed in Article 9 , Article 10 or Article 11 of the present
Regulations.
Under special circumstances and upon the approval of the banking regulatory institution of the State Council, Item 2 of Article 10
or Item 2 of Article 11 of the present Regulations may not be applicable to the shareholders after modification.
Chapter III Scope of Business
Article 29
Solely foreign-invested banks and Chinese-foreign joint venture banks, in accordance with the scope of business approved by the banking
regulatory institution of the State Council, may engage in the following foreign exchange business and Renminbi business in part
or in whole:
1.
Absorbing public deposits;
2.
Issuing short-term, medium-term and long-term loans;
3.
Handling the acceptance and discount of negotiable instruments;
4.
Purchasing/sell government bonds, financial bonds and other foreign currency negotiable securities other than stocks;
5.
Providing letter of credit service and guarantee;
6.
Arranging settlement of both domestic and overseas accounts;
7.
Purchasing/selling foreign exchanges per se or as agents;
8.
Handling insurance business as agents;
9.
Doing inter-bank lending and borrowing;
10.
Running business of bank cards;
11.
Providing safe-keeping services;
12.
Providing services of credit rating and consulting; and
13.
Other business approved by the banking regulatory institution of the State Council.
Solely foreign-invested banks and Chinese-foreign joint venture banks, upon approval of the People’s Bank of China may run foreign
exchange settlements and sales.
Article 30
Where the branches of solely foreign-invested banks and Chinese-foreign joint venture banks carry out business within the scope of
authorization of the head offices, the liabilities shall be undertaken by the head offices thereof.
Article 31
The branches of foreign banks may, in accordance with the scope of business approved by the banking regulatory institution of the
State Council, engage in the following foreign exchange business and Renminbi business in part or in whole and the Renminbi business
with clients exclusive of citizens within territory of China:
1.
Absorbing public deposits;
2.
Issuing short-term, medium-term and long-term loans;
3.
Handling the acceptance and discount of negotiable instruments;
4.
Purchasing/ selling government bonds, financial bonds and other foreign currency negotiable securities other than stocks;
5.
Providing letter of credit service and guarantee;
6.
Arranging settlement of both domestic and overseas accounts;
7.
Purchasing/selling foreign exchanges per se or as agents;
8.
Handling insurance business as agents;
9.
Doing inter-bank lending and borrowing;
10.
Providing safe-keeping services;
11.
Providing services of credit rating and consulting; and
12.
Other business approved by the banking regulatory institution of the State Council.
Branches of foreign banks may absorb every fixed deposit no less than 1 million yuan from citizens within territory of China and,
upon approval of the People’s Bank of China, may engage in foreign exchange settlements and sales.
Article 32
The civil liabilities of the branches of foreign banks and affiliated agencies thereof shall be undertaken by the head offices.
Article 33
The representative offices of foreign banks may engage in liaison, market investigation, consulting and other non-business activities
which are related to the business of the foreign banks they represent. The civil liabilities arising from the activities of the representative
offices of foreign banks shall be undertaken by the foreign banks they represent.
Article 34
The foreign bank business institutions engaged in Renminbi business within the scope of business as prescribed in Article 29 or
in Article 31 of the present Regulations shall be approved by the banking regulatory institution of the State Council and shall
satisfy the conditions as follows:
1.
Having practiced within the territory of the People’s Republic of China for not less than 3 years before filling the application;
2.
Having made profits for 2 successive years before filing the application; and
3.
Other prudent conditions as prescribed by the banking regulatory institution of the State Council.
Where the branches of foreign banks are converted into solely foreign-invested banks with the sole investment of the head offices
thereof, the periods as previously prescribed in Item 1 and Item 2 shall be calculated as of the day of establishing the branches
of foreign banks.
Chapter IV Supervision and Administration
Article 35
Foreign bank business institutions shall, under relevant provisions, formulate business rules and principles thereof, establish and
improve risk management and internal control system and thereby carry them out.
Article 36
Foreign bank business institutions shall abide by the state uniform accounting system and provisions on information disclosure as
regulated by the banking regulatory institution of the State Council.
Article 37
Foreign bank business institutions shall raise foreign debts under relevant provisions of the state.
Article 38
Foreign bank business institutions shall determine the interest rates for deposits and loans and commission fees in accordance with
relevant provisions.
Article 39
In handling deposits, foreign bank business institutions shall lodge deposit reserve funds in accordance with the relevant provisions
as regulated by the People’s Bank of China.
Article 40
Solely foreign-invested banks and Chinese-foreign joint venture banks shall abide by the provisions on the administration of the
ratio of liabilities to assets as prescribed in Law of the People’s Republic of China on Commercial Banks. Solely foreign-invested
banks originating from branches of foreign banks with the sole investment of the head offices thereof, and solely foreign-invested
banks and Chinese-foreign joint venture banks established before the implementation of the present Regulations, as in case of impropriate
ratio of liabilities to assets that is against the provisions, shall, within the prescribed time limit, meet the requirements as
regulated by the banking regulatory institution of the State Council which may require solely foreign-invested banks and Chinese-foreign
joint venture banks with high risks but relatively weak risk management capabilities to raise the capital adequacy ratio.
Article 41
Foreign bank business institutions shall draw bad debts reserve funds in accordance with the provisions.
Article 42
Solely foreign-invested banks and Chinese-foreign joint venture banks shall abide by the provisions of the banking regulatory institution
of the State Council related to the governing of corporations.
Article 43
Solely foreign-invested banks and Chinese-foreign joint venture banks shall abide by the provisions of the banking regulatory institution
of the State Council related to affiliated transactions.
Article 44
Thirty percent of the operating capital of a foreign bank branch shall be in the form of interest-earning assets as designated by
the banking regulatory institution of the State Council.
Article 45
The ratio of the proportion of Renminbi in the totality of operating capital and reserve of a foreign bank branch to the risk assets
of Renminbi shall not be less than 8%.
The banking regulatory institution of the State Council may require branches of foreign banks with high risks but relatively weak
risk management capabilities to raise the ratio as previously prescribed.
Article 46
A foreign bank branch shall ensure the fluidity of its assets. The ratio of the balance of liquid assets and the balance of liquid
debts shall not be less than 25%.
Article 47
The balance of domestic and foreign currencies assets within territory of China of a foreign bank branch shall not less than the
balance of domestic and foreign currencies liabilities within territory of China.
Article 48
A foreign bank with two or more branches within the territory of the People’s Republic of China shall authorize only one branch to
carry out unified management of the other branch (es). The banking regulatory institution of the State Council shall carry out amalgamated
supervision and administration of branches established within the territory of the People’s Republic of China
Announcement of China Banking Regulatory Commission on the Relevant Matters after the Promulgation of the Detailed Rules for the Implementation
of the Regulations of the People’s Republic of China on the Administration of Foreign-invested Banks
Yin Jian Fa [2006] No. 82
The State Council has promulgated the Regulations of the People’s Republic of China on the Administration of Foreign-invested Banks
(hereinafter referred to as the Regulations) on November 11, 2006, which shall enter into force as of December 11, 2006. In order
to help the smooth implementation of the Regulations, China Banking Regulatory Commission promulgated the Detailed Rules for the
Implementation of the Regulations of the People’s Republic of China on the Administration of Foreign-invested Banks (hereinafter
referred to as the Detailed Rules) on November 24, 2006. The relevant matters concerning the implementation of the Regulations and
the Detailed Rules are hereby announced as follows:
1.
As of December 11, 2006, the restrictions of region and client object on foreign-invested banks engaging in Renminbi businesses shall
be canceled. Foreign-invested banks may, under the relevant provisions of the Regulations, expand their service objects to the citizens
within the territory of China. No region restrictions shall be imposed on foreign-invested banks engaging in Renminbi businesses
within the territory of China.
2.
A branch of foreign-invested bank which has been approved to engage in RMB business for non-foreign-invested enterprises may, without
approval and after changing its business license, expand its business scope to absorbing fixed deposits not less than 1 million RMB
Yuan per sum from citizens within the territory of China. The specific procedures shall be as follows: a foreign bank report the
letter signed by its board chairman or president (CEO or general manager) to the president of China Banking Regulatory Commission,
and then the branch of the foreign bank herein handle the procedures of changing the business license upon the strength of the confirmation
letter issued by China Banking Regulatory Commission. Any other branch of a foreign bank may, under the provisions of the Regulations
and the Detailed Rules, apply for the operation of Renminbi businesses as provided for in Article 31 of the Regulations. Any solely
foreign-invested bank or Chinese-foreign joint venture bank may, under the provisions of the Regulations and the Detailed Rules,
apply for the operation of Renminbi businesses as provided for in Article 29 of the Regulations.
3.
Where the registered capital or working capital of a solely foreign-invested bank, Chinese-foreign joint venture bank or branch of
a foreign bank established before the implementation of the Regulations fails to meet the provisions of the Regulations and the Detailed
Rules, the present registered capital or working capital thereof may, under the condition of its client object and business scope
not unchanging, remain unchanged. In case such circumstances occur as altering shareholders, expanding the client object or business
scope or enlarging the branch network, the solely foreign-invested bank, Chinese-foreign joint venture bank or branch of a foreign-invested
bank shall, under the provisions of the Regulations and the Detailed Rules on registered capital or working capital, increase the
capital.
4.
Where a solely foreign-invested bank is restructured from a branch of a foreign bank and solely funded by the head office thereof,
or if a solely foreign-invested bank or Chinese-foreign joint venture bank is established before the implementation of the Regulations,
it shall meet the provision of Item 2, Article 39 of the Law of the People’s Republic of China on Commercial Banks – “The proportion
of the balance of loan to the balance of deposit may not exceed 75%”.
5.
Where a solely foreign-invested bank is restructured from a branch of a foreign bank and solely funded by the head office thereof,
or if a solely foreign-invested bank or Chinese-foreign joint venture bank is established before the implementation of the Regulations,
it shall meet the provision of Item 4, Article 39 of the Law of the People’s Republic of China on Commercial Banks – “The ratio
of the balance of loans to the same borrower and the balance of capital of the commercial bank may not exceed 10%”. The balance of
credit granting to an enterprise or its associated enterprise(s) by a solely foreign-invested banks or a Chinese-foreign joint venture
bank may not exceed 25% of its capital within the grace period. If a loan has been signed by a former branch of a foreign bank and
transferred to the solely foreign-invested bank, it will, within the contractual term, not be governed by the said provision.
6.
Where a solely foreign-invested bank is restructured from a branch of a solely foreign-invested bank solely funded by the head office
thereof, it shall, under the provisions of China Banking Regulatory Commission, set up an independent and complete management information
system (MIS). If it fails to do so, it shall, within 2 years after opening up upon approval, meet the requirement as provided for
by law.
7.
A representative office of a foreign bank shall, after the implementation of the Regulations and the Detailed Rules, be governed by
the Regulations and the Detailed Rules. The Regulations of the People’s Republic of China on the Administration of Foreign-Funded
Financial Institutions as promulgated by the People’s Bank of China on June 13, 2002 will not be applicable thereto. A solely foreign-invested
bank or Chinese-foreign joint venture bank may not set up any representative office. The supervision over and administration on the
representative offices established by solely foreign-invested banks and Chinese-foreign joint venture banks before the implementation
of the Regulations shall be carried out by referring to the Regulations and the Detailed Rules. Where a foreign bank restructured
a branch bank thereof within the territory of China into a solely foreign-invested bank, the representative office(s) it has established
within the territory of China, may be retained; if it has established a general representative office, it shall, upon the opening-up
of the restructured solely foreign-invested bank, finish the closing-down procedures. Any other general representative office of
a foreign bank shall be closed down prior to June 1, 2007, the function of which shall be transferred to the branch of the foreign
bank which has been designated as a manager within the territory of China.
8.
Where a solely-invested finance company or equity joint finance company serving for the society inside a non-enterprise group is established
before the implementation of the Regulations, it shall finish the procedures of restructuring or closing down as soon as possible.
China Banking Regulatory Commission shall exercise the administration thereon under the provisions of the Regulations and the Detailed
Rules in respect of solely foreign-invested banks and Chinese-foreign joint venture banks during the existence thereof.
9.
China Banking Regulatory Commission shall, under the relevant provisions of the Regulations and the Detailed Rules, accept the applications
of foreign banks. The applications filed by a foreign bank before the implementation of the Regulations, shall remain valid, but
the foreign bank shall, under the relevant provisions of the Regulations and the Detailed Rules, supplement relevant materials.
10.
Where a foreign bank has established a solely foreign-invested bank and branch bank simultaneously or it has established a Chinese-foreign
joint venture bank and branch bank simultaneously before the implementation of the Regulations, it shall adjust the form of business
agencies thereof within the territory of China with reference to the relevant provisions of the Regulations and the Detailed Rules
and the requirements of China Banking Regulatory Commission.
11.
Where a foreign bank has not met the other provisions of supervision and administration as newly revised by the Regulations and the
Detailed Rules, it shall meet them prior to August 1, 2007.
China Banking Regulatory Commission
November 24, 2006
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