Decision of the standing committee of the National peoples congress on Amending the law of the peopl

nking regulatory authority under the state council may instruct it to suspend business for rectification or may revoke its business license； and if a crime is constituted， criminal responsibility shall be investigated according to law：

　　“（1） establishing a branch without approval；

　　“（2）dividing or merging without approval or， in violation of relevant regulations， failing to report for approval changes to be made；

　　“（3）raising or lowering interest rates， in violation of relevant regulations or taking in deposits or granting loans by other illegitimate means；

　　“（4）leasing out or lending its business license；

　　“（5）buying and selling or acting as an agent for the purchase and sale of， foreign exchange without approval；

　　“（6）buying or selling government bonds or issuing， buying or selling financial bonds without approval；

　　“（7）in violation of relevant state regulations， engaging in trust investment and the business of securities， investing in immovable property which in not for private use， or investing in non-banking financial institutions or enterprises； and

　　“（8） granting fiduciary loans to its connections or granting guaranteed loans to its connections on conditions that are more preferential than those for granting the same to other borrowers.”

　　23 One article added as Article 75， which reads， “If a commercial bank commits one of the following acts， it shall be instructed by the banking regulatory authority under the state council to rectify and， in addition， be fined not less than 200，000 yuan but not more than 500，000 yuan； if the circumstances are particularly serious， or if the bank fails to rectify at the expiration of the time limit， the banking regulatory authority under the state council may instruct it to suspend business for rectification or revoke its business license， and if a crime is constituted， criminal responsibility shall be investigated according to law：

　　“（1）refusing to accept， or hindering， inspection and supervision by the banking regulatory authority under the state council；

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　　“（2） providing financial and accounting reports， statements and statistical statements which are false or in which important facts are concealed； or

　　“（3） failing to observe the regulations governing the capital adequacy ratio， the ratio of deposits to loans， the asset liquidity ratio， the ratio concerning loans granted to the same borrower， or other regulations of the banking regulatory authority under the state council relating to control of assets-liabilities ratio.”

　　24 One article is added as Article 76， which reads， “If a commercial bank commits one of the following acts， it shall be instructed by the people's bank of china rectify； if the unlawful gains， such it shall be confiscated； if the unlawful gains exceed 500，000 yuan， it shall， in addition， be fined not less than the amount of such gains but not more than five times that amount； if there are no unlawful gains or such gains are less than 500，000 yuan， it shall fined not less than 500，000 yuan but not more than 2，000，000 yuan； if the circumstances are particularly serious， or if the bank fails to rectify at the expiration of the time limit， the people's bank of china may put forward a proposal than the banking regulatory authority under the state council instruct it to suspend business for rectification or revoke its business license； and if a crime is constituted， criminal responsibility shall be investigated according to law：

　　“（1）engaging in the settlement and sale of foreign exchange without approval；

　　“（2）without approval， issuing buying or selling financial bonds at interbank bond markets， or borrowing loans from abroad； or

　　“（3）in violation of relevant regulations， engaging in inter-bank lending.”

　　25 One article is added as Article 77， which reads， “If a commercial bank commits one of the following acts， it shall be instructed by the people's Bank of china to rectify and， in addition be fined not less than 200，000 yuan but not more than 500，000 yuan； if the circumstances are particularly serious， or if the bank fails to rectify at the expiration of the time limit， the people's Bank of china may put forward a proposal than the banking regulatory authority under the state council instruct it to suspend business for rectification or revoke its business license； and if a crime is constituted， criminal responsibility shall be investigated according to law：

　　“（1）refusing to accept， or hindering， inspection and supervision by the people's Bank of china；

　　“（2）providing financial and accounting reports， statements and statistical statements which are false or in which important facts are concealed； or

　　“（3） failing to place a deposit reserve in the proportion specified by the people's Bank of china.”

　　26 Article 75 is deleted.

　　27 Article 76 is changed to be Article 78， which is revised to read， “If a commercial bank commits one of the acts specified from Article 73 through Article 77 of this law， the directors and senior administrators who are directly in charge and the other persons who are directly responsible shall be given disciplinary sanctions， and if a crime is constituted， criminal responsibility shall be investigated according to law.”

　　28 Article 77 is changed to be Article 79， which revised to read， “Any unit or individual than commits one of the following acts shall be instructed by the banking regulatory authority under the state council to rectify， if there are unlawful gains， such gains shall be confiscated， if the unlawful gains exceed 50，000 yuan， it shall， in addition， be fined not less than the amount of such gains but not more than five time that amount； and if there are no unlawful gains or such gains are less than 50，000 yuan， it shall be fined not less than 50，000 yuan but not more than 500，000 yuan：

　　“（1）using the word ”bank“ in its name without approval；

　　“（2）purchasing 5 percent or more of the total amount

of the shares of a commercial bank without approval； or

　　“（3）opening an account in the name of an individual to deposit the funds of the unit.”

　　29 Article 78 is changed to be Article 80， which is revised to read， “If a commercial bank fails to submit the relevant documents and information to the banking regulatory authority under the state council in accordance with relevant regulations it shall be instructed by the said authority to rectify； and if it fails to rectify at the expiration of the time limit， it shall be fined not less than 100，000 yuan but not more than 300，000 yuan.

　　“If a commercial bank fails to submit the relevant documents and information to the people's bank of china in accordance with relevant regulations， it shall be instructed by the people's Bank of china to rectify； and if it fails to rectify at the expiration of the time limit， it shall be fined not less than 100，000 yuan but not more than 300，000 yuan.”

　　30 Article 79 is changed to be Article 81， which is revised to read， “Any unit or individual， without approval of the banking regulatory authority under the state council， establishes a commercial bank， or illegally takes in deposits from the general public or does so in disguised form， which is serious enough to constitute a crime， criminal responsibility shall be investigated according to law， and such a commercial bank shall be closed down by the banking regulatory under the state council.

　　“Any unit or individual that fabricates， counterfeits or transfers the business license of a commercial bank， which is serious enough to constitute a crime， criminal responsibility shall be investigated according to law.”

　　31 One article is added as Article 83， which reads， “Any unit or individual commits one of the acts specified in Article 81 and 82 of this law， which is not serious enough to constitute a crime， its /his unlawful gains shall be confiscated by the banking regulatory authority under the state council； if the unlawful gains exceed 500，000 yuan， it /he shall， in addition， be fined not less than the amount of such gains but not more than five times that amount； and if there are no unlawful gains or such gains are less than 500，000 yuan， it /he shall be fined not less than 500，000 yuan but not more than 2，000，000 yuan.”

　　32 Article 81 is changed to be article 84， the first paragraph of which is revised to read， “If an employee of a commercial bank， taking advantage of his duties， demands， receives or accepts bribes or， in violation of state regulations， receives or accepts rebates or commissions of any description， which is serious enough to constitute， criminal responsibility shall be investigated according to law， and if it is not serious enough to constitute a crime a disciplinary sanction shall be imposed in him.”

　　33 Article 82 is changed to be Article 85， which is revised to read， “If an employee of a commercial bank taking advantage of his duties， embezzles， misappropriates or takes into his possession money belonging to the bank or any client， which is serious enough to constitute a crime， criminal responsibility shall be investigated according to law， and if is not serious enough to constitute a crime， a disciplinary sanction shall be imposed on him.”

　　34.One article is added as Article 89， which reads， “If commercial banks violate the provisions of this law， the banking regulatory authority under the state council may， on the merits of each case， disqualify for the positions for a certain period of time or even for the rest of their lives， the directors or senior administrators who are directly in charge， or prohibit the directors or senior

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