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

by the audit institution and the financial department under the state council.

　　Article 41 the people's Bank of china shall， within three months after the end of every accounting year， compile balance sheets of its assets， statements of profit and loss and relevant financial and accounting reports， prepare its annual report and publish then in accordance with relevant regulations of the state.

　　The fiscal year of the people's bank of china begins on the first day of January and ends on the thirty-first day of December of the Gregorian calendar.

　　Chapter VII

　　Legal Responsibility

　　Article 42 Anyone who counterfeits or alters Renminbi， sells counterfeit or altered Renminbi or knowingly transports counterfeit or altered renminbi， which is serious enough to constitute a crime shall be investigated for criminal responsibility in accordance with law， if the case is not serious enough to constitute a crime， he shall be put in detention for not more than 15 days and fined not more than 10，000 yuan by a public security organ.

　　Article 43 Anyone who buys counterfeit or altered Renminbi or knowingly holds or uses counterfeit or altered renminbi， which is serious enough to constitute a crime， shall be investigated for criminal responsibility in accordance with law， if the case is not serious enough to constitute a crime， he shall be put in detention for not more than 15 days and fined not more than 10，000 yuan by a public security organ.

　　Article 44 if anyone illegally uses the patterns of renminbi in propaganda materials， publications or other commodities， the people's Bank of china shall order him to it right and shall destroy the illegally used patterns of renminbi， confiscate the illegal gains and impose a fine of not more than 50，000 yuan.

　　Article 45 if anyone prints or sells promissory notes as substitutes for Renminbi to circulate on the market， the people's bank of china shall order him to cease his illegal act and impose a fine of not more than 200，000 yuan.

　　Article 46 where in relevant laws and administrative regulations there are provisions governing punishment for violations in respect of the activities as are listed in Article 32 of this law， punishment shall be meted out in accordance with those provisions； where in such laws and administrative regulations there are no provisions governing such punishment， the people's Bank of china shall， on the merits of each case， give a disciplinary warning confiscate the unlawful gains， or if t

he unlawful gains exceed 500，000 yuan shall， in addition， impose a fine of not less than the amount of such gains not more than five times that amount； if there are no unlawful gains or if such gains are less than 500，000 yuan， it shall impose a fine of not than 500，000 yuan but more than 2，000，000 yuan. The director or senior manager who is directly in charge or any other person who is directly responsible shall be given a disciplinary warning and be fined not less than 50，000 yuan but not more than 500，000 yuan. If a crime is constituted， criminal responsibility shall be investigated in accordance with law.

　　Article 47 if any party refuses to accept the administrative punishment， he may institute an administrative lawsuit in accordance with the Administrative procedure law of the people's republic of china.

　　Article 48 if the people's Bank of china commits any of the following acts， the persons directly in charge and other persons directly responsible for the offense shall be subject to administrative sanctions according to law； if the case constitutes a crime， the offenders shall be investigated for criminal responsibility according to law：

　　（1）to provide a loan in violation of the provisions in the first paragraph of Article 30；

　　（2）to provide guaranty for a unit or individual； or

　　（3）to use the issue fund without authorization.

　　If any of the acts specified in the preceding paragraph results in losses， the persons directly in charge and other persons directly responsible for the offense shall be partially or wholly liable for the losses.

　　Article 49 If a local government or a government department at any level， a public organization or an individual forcibly demands the people's Bank of its staff member to provide a loan or a guaranty in violation of the provisions in Article 30， the persons directly in charge and other persons who are directly responsible for the offense shall be subject to administrative sanctions in accordance with the law； if the case constitutes a crime， the offenders shall be investigated for criminal responsibility according to law， if losses are caused， the offenders shall be partially or wholly liable for the losses.

　　Article 50 if any staff member of the people's Bank of china divulges state secrets or the business he knows， which is serious enough to constitute a crime， he shall be investigated for criminal responsibility according to law； if the case is not serious enough to constitute a crime， he shall be subject to administrative sanction according to law.

　　Article 51 if any staff member of the people's Bank of china commits embezzlement， accepts bribes conducts malpractices for personal ends， abuses his power or neglects his duty， which is serious enough to constitute a crime， he shall be investigated for criminal responsibility according to law； if the case is not serious enough to constitute a crime， he shall be subject to administrative sanction according to law.

　　Chapter VIII

　　Supplementary provisions

　　Article 52 For purposes of this law， the financial institutions of the banking industry are financial institutions established within the territory of the people's republic of china that take in deposits from the general public， including， among others， commercial banks， urban credit cooperatives and rural credit cooperatives and policy banks.

　　“The provisions of this law pertaining to financial institutions of the banking industry are applicable to the assets management companies， trust and investment companies， financial companies and financial leading companies established within the territory of the people's republic of china and other financial institutions established with the approval of the banking regulatory authority under the state council.

　　Article 53 this law shall be effective on the date of promulgation

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