中华人民共和国外资金融机构管理条例实施细则（二）

ssue a public notice in national newspapers designated by the CBRC， as well as local newspapers designated by the local agency of the CBRC. The liquidation committee shall submit the contents of the public notice in writing to the local agency of the CBRC three days before the date of publication.

　　Article 112　Post-liquidation accounting records and business materials shall be handled in accordance with the relevant provisions.

　　Article 113　A foreign bank whose branch has been liquidated may not apply for the establishment of a business institution in the same city in Chi

na within two years from the date on which the liquidation of the branch was completed.

　　Article 114　In the event that a foreign bank applies for the closure of its branch in China and applies for the establishment of a representative office in the same city， the foreign bank shall submit the following materials to the agency of the CBRC at the place where it is located. Upon the issue of opinion on preliminary examination by the local agency of the CBRC， the materials shall be submitted to the CBRC for examination and approval， and at the same time be forwarded through progressive levels to agency of the CBRC at the upper level：

　　1. a letter of application signed by chairman of the board or president （chief executive officer or general manager） of the applicant；

　　2. a power of attorney for the authorization of the chief representative signed by the signatory authorized by the foreign bank；

　　3. the résumé of the proposed chief representative；

　　4. photocopies of the identification certificate and academic certificate of the proposed chief representative；

　　5. a statement confirming no record of misconduct signed by the proposed chief representative； and

　　6. other materials required by the CBRC.

　　Article 115　If a foreign-funded legal person institution operates in violation of laws and regulations or its business is not properly managed， such that the financial order would be seriously harmed and the interests of the social public would be damaged if it is not shut down， the CBRC shall shut it down in accordance with the provisions of the Shutting Down of Financial Institutions Regulations.

　　The closure of a foreign bank branch at the order of the CBRC shall be handled in accordance with the relevant provisions of the PRC， Company Law.

　　Article 116　In the event that liquidation is conducted as a result of the dissolution of any foreign-funded legal person institution and that the liquidation committee， having cleared the assets， prepared the balance sheet and the list of assets， discovers that the assets of the foreign-funded legal person institution are insufficient to repay its debts， it may， upon obtaining the approval of the CBRC， immediately apply to the people's court to declare the institution bankrupt. Once the foreign-funded legal person institution is declared bankrupt by the people's court， the liquidation committee shall hand over the liquidation matters to the people's court.

　　Article 117　A foreign-funded financial institution that applies to resume its business in accordance with Article 39 of the Regulations shall submit the following materials to the agency of the CBRC at the place where it is located. Upon the issue of opinion on preliminary examination by the local agency of the CBRC， the materials shall be directly submitted to the CBRC for examination and approval， and at the same time be forwarded through progressive levels to agency of CBRC at the upper level：

　　1. a letter of application signed by the chairman of the board or president （chief executive officer or general manager） of the applicant；

　　2. board resolution of the foreign-funded legal person institution； and

　　3. other materials required for submission by the CBRC.

　　PART SEVEN　SUPPLEMENTARY PROVISIONS

　　Article 118　The CBRC shall refer to the provisions on foreign bank branches in regulating branches of wholly foreign-owned banks and joint venture banks in China.

　　Article 119　Foreign-funded financial institution that violate these Rules shall be penalized by the CBRC in accordance with the Regulations and other relevant provisions.

　　Article 120　These Rules shall be implemented as of 1 September 2004. The PRC Administration of Foreign-funded Financial Institutions Regulations Implementing Rules promulgated on 25 January 2002 by the People's Bank of China shall be repealed simultaneously

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