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

out approval；

　　（7）in violation of relevant state regulations， engaging in trust investment and the business of securities， inverting 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.

　　Article 75 if a commercial bank commits one of the following acts， it shall 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 constitut

ed， 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；

　　（2）providing financial and accounting reports， statements and statistical statements which ate 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 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.

　　Article 76 In a commercial bank commits one of the following acts， it shall be instructed by the people's bank of china to rectify； if there are unlawful gains， such gains 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 than 500，000 yuan， it shall be 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 expiration of the banking regulatory 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 binds at interbank bond marks， or borrowing loans abroad； or

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

　　Article 77 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 that 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.

　　Article 78 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.

　　Article 79 Any unit or individual that 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 times 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.

　　Article 80 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 commercial bank fails to submit the relevant documents and information to the people's bank of china in accordance with relevant regulations， it shall 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.

　　Article 81 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 authority under the state council.

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

　　Article 82 if a borrower uses fraudulent means to obtain a loan and a crime is constituted thereby， criminal responsibility shall be pursued according to law.

　　Article 83 any unit or individual commits one of the acts specified in article 81 and 82 of this law， which 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 time 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.

　　Article 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 is not serious enough to constitute a crime， a disciplinary sanction shall be imposed on him.

　　If anyone commits an act specified in the preceding paragraph and causes in granting a loan providing a guaranty， the person shall be fully or partially liable for compensation.

　　Article 85 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 it is not serious enough to constitute a crime， a disciplinary sanction shall be imposed on him.

　　Article 86 if employees of a commercial bank cause losses by neglecting their duties in violation of the provisions of this law， disciplinary measures shall be taken against them. If a crime is constituted， criminal responsibility shall be pursued according to law.

　　If anyone causes losses by practicing favoritism towards his relatives or friends in granting loans or providing guaranty in violation of regulations， the person shall be fully or partially liable for compensation.

　　Article 87 if employees of a commercial bank disclose state or business secrets that they come to know during their employment， disciplinary measures shall be taken against them. If

a crime is constituted， criminal responsibility shall be pursued according to law.

　　Article 88 if any unit or individual forcibly demands a commercial bank to grant a loan or to provide a guaranty， disciplinary measures shall be taken against the leading members of the unit who are directly in charge and other persons of the unit who are directly responsible for the offense or the individual and， if losses are caused thereby， these persons shall be fully or partially liable for compensation.

　　If employees of a commercial bank fail to refuse to grant a loan or to provide a guaranty forcibly demanded by a unit or individual， disciplinary measures shall be taken against them and， if losses are caused thereby， they shall assume appropriate liability for compensation.

　　Article 89 if commercial banks viol

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