中华人民共和国商业银行法（二）

l from the People's Bank of China.

　　A liquidation group shall be formed to conduct liquidation and repayment of the principals and interests of deposits shall be made in time according to the plan for liquidation when a commercial bank is to be dissolved. The People's Bank of China shall oversee the liquidation through.

　　Article 70 When a commercial bank is closed down by order on account of its banking permit having been revoked， the People's Bank of China shall lose no time to form a liquidation group to conduct liquidation and repay the principal sand interests of deposits in time according to the plan for liquidation in accordance with the law.

　　Article 71 When a commercial bank is incapable of repaying its mature debts， may， with the consent of the People's Bank of China， be declared bankrupt by the People's Court. When a commercial bank is declared bankrupt in accordance with the law， the People's Court may organize the People's Bank of China and other relevant departments and personnel to form a liquidation group to conduct liquidation.

　　At the time of bankruptcy liquidation， a commercial bank shall give priority to paying the principal and interests of savings deposits after paying the liquidation fees and its staff wages and labor insurance fees in arrears.

　　Article 72 A commercial bank shall be terminated on account of dissolution， being closed down by order or declared bankrupt.

　　Chapter VIII Legal Liabilities

　　Article 73 A commercial bank shall assume the responsibility of paying interest accrued and other civil responsibilities of compensation for damages to the property of depositors or other clients under one of the situations listed below：

　　（1） delaying or refusing repayment of the principal and interests of a deposit with no proper reason；

　　（2） refusing to cash checks and to debit or credit accounts in violation of regulations regarding bill acceptance and other settlements or intentionally delaying to accept bills or instruments or dishonoring a bill in violation of the regulations；

　　（3） illegally investigating， freezing or withholding and tr

ansferring the savings deposit of an individual depositor or the deposite of an institutional depositor； and

　　（4） other actions inflicting damages to depositors or other clients in violation of the provisions of this Law.

　　Article 74 Where one of the situations listed below occurs， the people's Bank of China may order the commercial bank to make corrections， confiscate the illegitimate gains if there is any， and mete out a fine ranging from one to five times the amount of the illegitimate gain； or， if there is no illegitimate gains， mete out a fine ranging from l00，000 yuan to 500，000 yuan； if the case is particularly serious or the offender fails to make correction within the specified time， the People's Bank of China may order it to suspend business and make rectification and consolidation， or revoke its banking permit； and if the case constitutes a crime， the commercial bank shall be investigated for criminal responsibilities：

　　（1） issuing financial bonds or borrowing funds from outside China without official approval；

　　（2） dealing in government bonds， or dealing in or acting as agent in dealing in foreign exchanges without official approval；

　　（3） engaging in trust investment and stock business in the country， or making investment in real estate not for its own use；

　　（4） making investment in non-bank financial institutions or enterprises in the country；

　　（5） extending unsecuried loans to related persons or extending loans against a collateral on more favorable conditions than to other borrowers of similar loans；

　　（6） submitting false financial statements or financial statements which conceal important facts；

　　（7） refusing to accept the supervision and examination by the People's Bank of China；

　　（8） leasing or lending banking permit.

　　Article 75 When one of the situations cited in Article 73 of this Law or one of the situations listed below occurs， the People's Bank of China may order the commercial bank to make corrections， confiscate the illegitimate gains if there is any， and mete out a fine ranging from one to three times the amount of the illegitimate gain； or， if there is no illegitimate gains， mete out a fine ranging from 50，000 yuan to 300，000 yuan：

　　（1） having failed to place required reserve for deposits in pursuance of the stipulations of the People's Bank of China；

　　（2） having failed to abide by the stipulations on capital adequacy， the ratio between deposit and credit， the liquidity ratio， the credit ratio of a single borrower， and other rules regarding asset and liability ratio mange ment stipulated by the People's Bank of China；

　　（3） setting up a branch without official approval；

　　（4） making splits or merges without official approval；

　　（5） using call money longer than the designated time or using call money to extend loans on fixed assets；

　　（6） receiving money deposits or extending loans by raising or lowering interest rates or by other improper means in violation of regulations.

　　Article 76 When a commercial bank has behavior referred to in Articles 73， 74 and 75 of this Law， the person in charge with direct responsibility and other personnel with direct responsibility shall be given disciplinary punishment； and if the case constitutes a crime， the offender（s） shall be investigated for criminal responsibilities.

　　Article 77 When one of the situations listed below occurs， the People's Bank of China may order the commercial bank to make corrections， confiscate the illegitimate gains if there is any， and mete out a fine ranging from one to three times the amount of the illegitimate gain； or， if there is no illegitimate gains， mete out a fine ranging from 50，000 yuan to 300，000 yuan：

　　（1） using the word “bank” without official approval；

　　（2） buying more than ten percent of the total shares of a commercial bank without official

approval；

　　（3） opening a bank account in the name of an individual with the fund of an organization.

　　Article 78 When a commercial bank fails to submit the relevant information to the People's Bank of China according to the relevant stipulations， or fails to report changes for approval in violation of Article 24 of this Law， the People's Bank of China shall order it to make corrections， and， if it fails to make corrections in time， mete out a fine ranging from 10，000 yuan to 100，000 yuan.

　　Article 79 Anyone who sets up a commercial bank without official approval or illegally receives money deposit from the public or receives money deposit from the public in disguised form shall be investigated for criminal responsibilities in accordance with the law and the said bank shall be banned by the People's Bank of China.

　　Anyone who counterfeits， alters or transfers the banking permit of a commercial bank shall be investigated for criminal responsibilities in accordance with the law.

　　Article 80 A borrower who obtains a loan by fraud thus constituting a crime shall be investigated for criminal responsibilities in accordance with the law.

　　Article 81 Any of the staff of a commercial bank who， by taking advantage of the convenience provided by his position in the bank， extorts or accepts bribes， or accepts commissions or other fees under any pretext in violation of state regulations shall be investigated for criminal responsibilities in accordance with the law.

　　If a loan extended or guarantee provided in connection with a behavior cited in the previous paragraph causes a loss， the offender shall assume all or part of the responsibility for compensation.

　　Article 82 Any of the staff of a commercial bank who taking advantage of the convenience of the position in the bank commits embezzlement， or misappropriation or unlawfully possesses the fund of the bank or a client shall be investigated for criminal responsibilities in accordance with the law if the case constitutes a crime， or be given disciplinary punishment if it does not constitute a crime.

　　Article 83 Any of the staff of a commercial bank who causes a loss to the bank on accurate of his dereliction of duty shall be given disciplinary punishment； and if the case constitutes a crime， shall be investigated for criminal responsibilities in accordance with the law.

　　Any of the staff of a commercial bank who causes a loss by extending a loan to or providing a guarantee to a relative or friend in violation of regulations shall assume all or part of the responsibility for compensation.

　　Article 84 Any of the staff of a commercial bank who discloses state or commercial secrets which come into his or her possession during his or her service in the bank shall be given disciplinary punishment and， if the case constitutes a crime， shall be investigated for criminal responsibilities in accordance with the law.

　　Article 85 When an organization or individual forces a commercial bank to extend a loan or provide guarantee on a loan， the person in charge directly responsible and other personnel directly responsible for the incident shall be given disciplinary punishment， and， if a loss is incurred， shall be held responsible for compensation for all or part of the loss.

　　Any of the staff of a commercial bank failing to reject forceful demands of any organization or individual for a loan or guarantee shall be given disciplinary punishment and， if a loss is incurred， shall be held responsible for appropriate compensation.

　　Article 86 If a commercia

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