金融机构管理规定 Peoples Bank of China, Administration of Financial Institutions Provisions

（Promulgated by the Head Office of the People's Bank of China on， and effective as of， 5 August 1994.）
颁布日期：19940805 　实施日期：19940805 　颁布单位：中国人民银行

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Provisions are formulated in accordance with relevant laws and regulations of the State in order to maintain the stability of the financial order， regulate the administration of financial institutions， safeguard the lawful rights and interests of the public and promote the development of the socialist market economy.

　　Article 2　The People's Bank of China and its branches shall be the authorities in charge of financial institutions. They shall independently exercise their duties of the examination and approval of the establishment， termination and changes in respect of all kinds of financial institutions according to law and be responsible for the supervision and control of financial institutions. No local government， work unit or department may engage in its own examination and approval or interfere with such examination and approval.

　　No financial institution may provide services such as account opening， credit， settlement and cash for any financial institution that has been established or any entity that engages in financial business without the approval of the People's Bank of China.

　　Article 3　For the purposes of these Provisions， the term “financial institutions” shall refer to the following institutions that are established in the People's Republic of China pursuant to statutory procedures and that engage in financial business：

　　1. policy banks， commercial banks and their branches， cooperative banks， urban or rural credit cooperatives， joint entities of urban or rural credit cooperatives， and outlets of the postal savings network；

　　2. insurance companies and their branches， insurance brokerages and agencies；

　　3. securities companies and their branches， securities trading centres， investment fund management companies and securities registrars；

　　4. trust and investment companies， financial companies and lease-financing companies and their branches， financing companies， financing centres， financial futures companies， credit guarantee companies， pawn shops and credit card companies； and

　　5. other institutions engaged in financial business that are recognized by the People's Bank of China.

　　Article 4　The term “fnancial business” shall refer to depositing， lending， settlement， insurance， trust， lease-financing， bill discounting， financing security， sale and purchase of foreign exchange， financial futures， acting as an agency for the issue and trading of negotiable securities and other financial business recognized by the People's Bank of China.

　　Article 5　The name of a financial institution shall be preceded by the special name of a financial institution as set forth in Article 3 hereof. The name of a non-financial institution may not be preceded by any such special name or any similar name.

　　Article 6　The People's Bank of China shall implement a system for the licensing of financial institutions. Financial institutions with the status of a legal person shall be issued with a “Permit of a Financial Institution With the Status of a Legal Person” and financial institutions without the status of a legal person shall be issued with a “Business Permit of a Financial Institution”。 No entity may engage in the financial business without having obtained such a permit.

　　PART TWO　PRINCIPLES OF， AND CONDITIONS FOR， THE ESTABLISHMENT OF A FINANCIAL INSTITUTION

　　Article 7　Financial institutions shall be established on the basis of the following principles：

　　1. meeting the needs of the development of national economy；

　　2. complying with the policies and direction of development of the financial industry；

　　3. complying with the principles of engagement in and administr

ation of banking， trust， insurance and securities as separate industries；

　　4. complying with the principles of rational distribution of， and fair competition among， financial institutions； and

　　5. complying with the principles of economic accounting.

　　Article 8　To apply for approval to establish a financial institution， the following conditions shall be met：

　　1. it shall possess at least the minimum amount of renminbi monetary capital or operating funds， and such capital or funds conform to the regulations of the People's Bank of China； where the institution is to engage in foreign exchange business， it shall additionally possess foreign currency capital or operating funds that conform to the regulations； the specific limits shall be determined by the People's Bank of China；

　　2. its legal representative， chairman and vice chairman of the board， bank president， deputy bank president， general manager， deputy general manager， director and deputy director （hereafter， “primary responsible persons” shall possess the qualifications for their positions as determined by the People's Bank of China， and at least 60 percent of its employees have previous work experience in the financial business or are graduates of universities， colleges or specialized schools in finance；

　　3. it shall have a business site that meets the conditions determined by the People's Bank of China， and be equipped with complete anti-theft， alarm， communication and fire fighting facilities， etc.； and

　　4. other conditions that are required by the People's Bank of China to be met.

　　PART THREE　LIMITS OF AUTHORITY AND PROCEDURES FOR THE EXAMINATION AND APPROVAL OF A FINANCIAL INSTITUTION

　　Article 9　National financial institutions whose names are not preceded by the word “China” or “Chinese” shall be examined and approved by the Head Office of the People's Bank of China.

　　Article 10　The establishment of any of the following financial institutions shall be examined and approved by the local People's Bank of China branch of the province， autonomous region， centrally-governed municipality or municipality with independent development plans， and shall be subsequently submitted to the Head Office of the People's Bank of China for approval：

　　1. all types of non-national banks， finance companies and joint entities of urban credit cooperatives that have the status of a legal person；

　　2. bank branches；

　　3. branches of insurance companies and other finance companies；

　　4. financial institutions to be established on a trial basis that are not mentioned in Article 3 hereof； and

　　5. provincial and prefectural branches of regional financial institutions.

　　Article 11　The establishment of any of the following financial institutions in the administrative area of a province， autonomous region， centrally-governed municipality or municipality with independent development plans shall be examined and approved by the local People's Bank of China branch of such province， autonomous region or municipality； however， prior to approval of the preparation of establishment， such establishment shall be reported to the Head Office of the People's Bank of China for the record， and the Head Office of the People's Bank of China shall be deemed to have granted approval where it does not raise objections within 30 days of receiving the documents submitted for the record：

　　1. subbranches and offices to be established by a bank branch； and

　　2. subbranches to be established by the branches of an insurance company and offices to be established by other finance companies.

　　Article 12　The establishment of an urban credit cooperative shall be examined and approved， within the quota imposed by the Head Office of the People's Bank of China， by the local People's Bank of China branch of the province， autonomous region， centrally-governed municipality

or municipality with independent development plans， and a copy of the establishment plans shall be sent to the Head Office for the record.

　　Article 13　The establishment of a financial institution other than those referred to in Articles 9， 10， 11 and 12 hereof shall be examined and approved by the local People's Bank of China branch of the province， autonomous region， centrally-governed municipality or municipality with independent development plans， or by a People's Bank of China at a lower level authorized thereby.

　　Article 14　In its approval of documents for the establishment of a financial institution， the People's Bank of China shall specify which authority is to be responsible for the day-to-day supervision and control of the institution.

　　Article 15　Financial institutions shall be established in two phases： preparations for establishment and commencement of business.

　　Article 16　To apply for approval for preparing the establishment of a financial institution， the following materials shall be submitted in triplicate to the People's Bank of China：

　　1. an application for approval of preparations for and establishment；

　　2. a feasibility study on the preparations for establishment；

　　3. a proposal on the preparations for establishment；

　　4. the names and resumes of the personnel for the preparations for establishment； and

　　5. other materials that the People's Bank of China requires to be submitted.

　　Article 17　The People's Bank of China shall respond to applications for approval of preparing the establishment of a financial institution within three months. Applicants that do not obtain approval within such period may not submit the same application within six months from the expiration of such period.

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