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人民币银行结算账户管理办法 Administrative Rules for RMB Bank Settlement Accounts

2009-03-24 法律英语 来源:互联网 作者:
e documents according to the following rules:

  (1) If the depositor is an enterprise that is a legal entity, it shall present the original copy of the business license for a legal entity.

  (2) If the depositor is an enterprise that is not a legal entity, it shall present the original copy of the business license for an enterprise.

  (3) Government agencies and public institutions that are included in the budget process shall produce approval letters or certificates of registration issued by the personnel department or staffing quota commission of the government, and permission issued by fiscal agencies. Public institutions that are not included in the budget process shall produce approval letters and certificates of registration issued by the personnel department or staffing quota commission of the government.

  (4) Military units, armed police units at or above regimental level and detachments on separate missions shall present certificates of account holding by the treasury departments in units that are above army level or in headquarters of the armed police.

  (5) Social organizations shall produce their registration certificates, while religious organizations shall produce approval letters or certificates issued by religious affairs administration authorities as an addition.

  (6) Private non-enterprise organizations shall produce registration certificates for private non-enterprise organizations.

  (7) Resident offices outside their places of residence shall produce approval letters issued by the government of where they are located.

  (8) Resident offices in China of international organizations shall produce approval letters or certificates issued by relevant Chinese authorities; representative offices or operational branches of foreign companies shall produce registration certificates issued by the Chinese registration agencies.

  (9) Self-employed entities shall produce original copies of their business licenses.

  (10) Community agencies shall produce approval letters and certificates issued by relevant authorities.

  (11) Financially independent subsidiaries shall produce registratio

n certificates for opening of basic deposit accounts and approval letters issued to entities to which they are affiliated.

  (12) Other organizations shall produce approval letters or certificates issued by relevant authorities.

  Depositors in this Article that are taxpayers and engaged in productive and commercial activities shall, in addition, produce tax registration certificates issued by the taxation authority.

  Article 18 When applying for opening general deposit accounts, a depositor shall produce relevant documents according to the following requirements, in addition to the documents required for opening basic deposit accounts and the registration certificate of opening basic deposit accounts:

  (1) If in need of borrowing from banks, the depositor shall produce borrowing contracts.

  (2) If for the purpose of conducting other settlement, the depositor shall produce relevant documents.

  Article 19 When applying for opening special deposit accounts, a depositor shall produce relevant documents according to the following requirements, in addition to the documents required for opening basic deposit accounts and the registration certificate of opening basic deposit accounts:

  (1) As for depositing funds of capital construction, technology upgrading, policy encouraged real estate development, housing provident funds and social security funds, the depositor shall produce approval documents of relevant authorities.

  (2) As for depositing extra budgetary funds, the depositor shall produce approval of fiscal agencies.

  (3) As for depositing funds for procurement of grain, cotton and edible oil, the depositor shall produce approval of relevant authorities.

  (4) As for depositing reserve funds of institutions for banking card transactions, the depositor shall produce relevant documents according to the rules on banking card transactions approved by the People's Bank of China.

  (5) As for depositing settlement funds for securities transactions, the depositor shall produce certificates issued by securities firms or the securities supervisory authority.

  (6) As for depositing margin funds for futures trading, the depositor shall produce certificates issued by futures firms or the futures supervisory authority.

  (7) As for interbank deposits of financial institutions, the depositor shall produce relevant certificates.

  (8) As for depositing surrendered proceeds and funds for business spending, the depositor shall produce relevant certificates of the depositors holding basic deposit accounts.

  (9) As for depositing operational funds for offices of the Party, the Youth League and the Trade Union in institutions, the depositor shall produce approval documents or certificates issued by these institutions or relevant authorities.

  (10) As for depositing other funds required to be managed or used separately, relevant copies of laws and regulations or relevant documents of government shall be produced.

  Article 20 Special RMB account and RMB fund settlement accounts opened by qualified foreign institutional investors (QFII) for the convenience of domestic securities investment shall be managed as special deposit accounts. A QFII shall produce approval issued by the State Administration of Foreign Exchange for opening special RMB account, and in the case of opening RMB fund settlement account, the business license for securities investment issued by the securities authority is required.

  Article 21 When applying for opening temporary deposit accounts, a depositor shall produce relevant documents to banks according to the following rules:

  (1) As for temporary institutions, they shall produce approval for their establishments issued by relevant authorities in residence place.

  (2) As for construction or equipment installation enterprises operating outside their origina

l registration location, they shall produce original copies of their or their parent institutions' business licenses, and permission issued by local construction/equipment installation authorities or contracts of construction/equipment installation.

  (3) As for institutions engaged in temporary operations outside their original registration location, they shall produce original copies of their business licenses and approval issued by local administration bureaus of industry commerce.

  (4) As for funds deposited for registration and examination of capital requirement compliance, the depositor shall produce Notice of Advance Approval of Enterprises' Names issued by the administrative authorities of industry commerce or approval of other relevant authorities.

  Depositors that fall into section (2) and (3) shall, in addition, produce their registration certificates for opening of basic deposit accounts.

  Article 22 When applying for opening of bank settlement accounts for individuals, depositors shall produce ID cards to banks according to the following rules:

  (1) Residents of China shall produce ID cards or temporary ID cards.

  (2) Military units servicemen shall produce their army ID cards.

  (3) Armed Police shall produce their armed police ID cards.

  (4) Residents of Hong Kong, Macau and Taiwan shall produce valid ID cards issued by the state immigration/emigration authorities.

  (5) Foreign citizens shall produce passports.

  (6) Other valid certificates stipulated by laws, regulations and relevant state documents.

  When opening bank settlement accounts for individuals, banks may also require applicants to produce other valid certificates accordingly, including certification of permanent residence registration (Hukou), driving licenses or passports.

  Article 23 When a depositor needs to open bank settlement accounts for institutions outside their original registration location, relevant certificates shall be provided according to the following rules in addition to the relevant documents required to be submitted in Article 17, 18, 19, 20 of these rules:

  (1) Depositors that are registered and operating outside their administrative places, when opening basic deposit accounts outside their original registration location, shall produce certificates issued by branch office(s) of the People's Bank of China in where they are registered, which prove that they have not opened basic deposit accounts.

  (2) Depositors that borrow from outside their original registration location, when opening general deposit accounts outside their places of residence, shall produce borrowing contracts proving they have got loans from that location.

  (3) Depositors to effect proceeds surrender and business spending outside their original registration location due to operational needs, when opening special deposit accounts in that location, shall produce relevant certificates of their parent institutions.

  Depositors that fall into Section (2), (3) of this Article shall, in addition, produce their registration certificates of opening of basic deposit accounts.

  Depositors that need to open bank settlement accounts for individuals outside their original registration location shall produce certificates required by Article 21 of these rules.

  Article 24 Titles that institutions use to open bank settlement accounts shall be consistent with those they provide in their certificate documents for application for opening of accounts. A s

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