中华人民共和国外资金融机构管理条例 Regulations of the Peoples Republic of China Governing Financial Institutions with

ollowing business activities：

　　（1） foreign currency deposit-taking；

　　（2） foreign currency lending；

　　（3） foreign currency bill-discounting；

　　（4） approved foreign exchange investment；

　　（5） foreign exchange remittance；

　　（6） foreign exchange guarantee；

　　（7） import and export settlement；

　　（8） foreign currency dealing and brokerage；

　　（9） exchange of foreign currencies and bills denominated in foreign currency；

　　（10） foreign currency credit card payment；

　　（11） custody and safe-deposit box service；

　　（12） credit verification and consultation； and

　　（13） approved business activities in domestic currency and other foreign currencies.

　　Article 18 Subject to approval by the People's Bank of China， a foreign finance company or an equity joint-venture finance company shall be allowed to conduct some or all of the following business activities；

　　（1） foreign currency deposit of US $ 100，000 in minimum for each deposit with a maturity of three months or longer；

　　（2） foreign currency lending；

　　（3） foreign currency bill-discounting；

　　（4） approved foreign exchange investment；

　　（5） foreign exchange guarantee；

　　（6） foreign currency dealing and brokerage；

　　（7） credit verification and consultation；

　　（8） foreign exchange trust business； and

　　（9） approved business activities in domestic currency and other foreign currencies.

　　Article 19 The foreign currency deposit-taking specified in this chapter refers to the following deposits denominated in foreign currencies：

　　（1） inter-bank deposits both in China and abroad；

　　（2） deposits taken from the non-bank clients located outside China；

　　（3） deposits taken from foreigners in China；

　　（4） deposits taken from overseas Chinese and compatriots from Hong Kong， Macao， and Taiwan；

　　（5） deposits taken from enterprises with foreign investment in China；

　　（6） re-deposits as occurred as a result of lending by financial institutions with foreign capital to non-enterprises with foreign investme

nt； and

　　（7） other approved foreign exchange deposits.

　　Article 20 The foreign exchange remittance specified in this chapter refers to the inward remittance from abroad and the outward remittance by enterprises with foreign investment， foreigners， overseas Chinese and compatriots form Hong Kong， Macao， and Taiwan on the mainland of China.

　　Article 21 The import and export settlement specified in this chapter refers to such business as the import and export settlement of enterprises with foreign investment， the export settlement of approved non-enterprises with foreign investment， and the import settlement occurred as a result of their lending conducted by foreign banks， foreign bank branches， and equity joint-venture banks.

　　Chapter IV Supervision and Administration

　　Article 22 The deposit and lending rates as well as various types of fees charged by a financial institution with foreign capital shall be determined by itself in accordance with the relevant rules and regulations of the People's Bank of China.

　　Article 23 To conduct deposit-taking business， a financial institution with foreign capital is required to deposit reserves with a local branch of the People's Bank of China. The reserve ratio shall be determined， and adjusted when necessary， by the People's Bank of China. The deposit reserves are free of interest.

　　Article 24 Thirty percent of the working capital of a foreign bank branch shall be maintained in the form of interest-bearing assets designated by the People's Bank of China， including the deposits held with the banks designated by the People's Bank of China.

　　Article 25 The total assets of a foreign bank， an equity joint-venture bank， a foreign finance company， or a equity joint-venture finance company shall not exceed twenty times the sum of its paid-up capital plus reserves.

　　Article 26 The loans granted to an enterprise and its related enterprises by a foreign bank， an equity joint-venture bank， a foreign finance company， or an equity joint-venture finance company shall not exceed thirty percent of the sum of its paid-up capital plus reserves， except those specially approved by the People's Bank of China.

　　Article 27 The gross investment of a foreign bank， an equity joint-venture bank， a foreign finance company， or an equity joint-venture finance company shall not exceed thirty percent of the sum of its paid-up capital plus reserves， with the exception of that made to a financial institution and approved by the People's Bank of China.

　　Article 28 The fixed assets maintained by a foreign bank， an equity joint-venture bank， a foreign finance company， or an equity joint-venture finance company shall not exceed forty percent of the sum of its paid-up capital plus reserves.

　　Article 29 A financial institution with foreign capital shall ensure the liquidity of its assets. The specific requirements to financial institutions with foreign capital on their assets， liquidity shall be made separately by the People's Bank of China.

　　Article 30 Deposits taken from within the territory of the People's Republic of China by a financial institution with foreign capital shall not exceed forty percent of its total assets.

　　Article 31 A financial institution with foreign capital shall make provisions fund for non-performing （bad） assets in accordance with the relevant procedures as stipulated by the State.

　　Article 32 A foreign bank， an equity joint-venture bank， a foreign finance company， or an equity joint-venture finance company whose paid-up capital is below the level of its registered capital， shall supplement the paid-up capital by transferring twenty-five percent of its post-tax profit each year until the sum of the paid-up capital plus reserves equals to the registered capital.

　　Article 33 A financial institution with foreign capital shall employ at least one Chinese citizen as

its senior executive.

　　Article 34 A financial institution with foreign capital shall employ certified public accountants registered in China. Such employment shall be subject to the confirmation by the relevant local branch of the People's Bank of China.

　　Article 35 A financial institution with foreign capital shall gain approval from the People's Bank of China and conduct the related registration with an industry and commerce administration department in accordance with the law in any of the following cases：

　　（1） establishment of an affiliate；

　　（2） adjustment or transfer of registered capital， increase or decrease of working capital；

　　（3） change of the institution's name or business address； and

　　（4） replacement of senior executives.

　　Article 36 A financial institution with foreign capital shall submit to the People's Bank of China and its related branches financial statements and other relevant data.

　　Article 37 The People's Bank of China and its branches have the right to examine and audit the operational management and financial situation of a financial institution with foreign capital.

　　Chapter V Dissolution and Liquidation

　　Article 38 In case of a self-termination of its business activities， a financial institution with foreign capital shall submit a written application to the People's Bank of China 30 days before the termination， and will be dissolved and liquidated after the Bank's examination and approval.

　　Article 39 The People's Bank of China may order a financial institution with foreign capital which is unable to meet its liabilities to cease operation and make repayment within a limited period of time. If it has recovered redeemability and wants to resume business within the time limit， it shall apply to the People's Bank of China for resuming business； if it fails to recover redeemability beyond the time limit， it shall enter into liquidation.

　　Article 40 In case of the termination of a financial institution with foreign capital due to dissolution， cancellation under the law or because of the declaration of bankruptcy， matters concerning its liquidation shall be handled under the stipulations of relevant Chinese laws and regulations.

　　Article 41 Upon the completion of liquidation， a financial institution with foreign capital shall reregister itself at the original registration agency within the legal time limit.

　　Chapter VI Penalties

　　Article 42 In case of a financial institution with foreign capital established in violation of the stipulations of Chapter II hereof and without approval， the People's Bank of China shall outlaw it， confiscate its illegal gains and may， together， fine an amount of foreign exchange equivalent to RMB 50，000-100，000 yuan.

　　Article 43 In case of a financial institution with foreign capital conduction the business activities beyond its approved business scope and in violation of the stipulations of Chapter III hereof， the People's Bank of China or its relevant branch institutions shall order it to cease those business activities which are beyond its approved business scope and confiscate its illegal receipts from the non-approved business activities， and a penalty of an amount of foreign currency equivalent to RMB 10，000-50，000 yuan shall also be imposed.

　　Article 44 In case of a financial institution with foreign capital conducting the business activities in violation of the relevant stipulations of Chapter IV hereof， the People's Bank of China or its relev

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