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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:
elf-employed entity with a brand name shall ensure consistence of the title of its bank settlement account and the brand name recorded in its business license. Titles of bank settlement accounts opened by self-employed entities that have no brand name shall comprise characters of “Self-employed Entities” and “names” of the owners recorded in their business licenses. Titles of

bank settlement accounts opened by natural persons shall be consistent with names in the valid ID certificates provided.

  Article 25 When a bank opens a general deposit account, an special deposit account or a temporary deposit account for a depositor, it shall inform the bank that holds the basic deposit account for that depositor within 3 working days after the opening of such accounts.

  Article 26 Applications for the opening of bank settlement accounts for institutions may be filed by the legal person or head of the applying institution, or other people authorized by that institution.

  If it is the legal entity or head of the institution that files the application, in addition to required certificates, he or she still needs to produce his or her ID card. In the case of other people authorized by the institution, in addition to the required certificates, he or she still needs to produce authorization issued by and the ID card of the legal entity or head of that institution, as well as his or her own ID card.

  Article 27 When applying for opening of bank settlement account, a depositor shall fill the application form for opening of such account. The application form is to record relevant information required by the People's Bank of China.

  Article 28 Banks shall carefully verify the authenticity, integrity and regulatory compliance of certificate and filled-in information in the application form.

  When the application form is filled completely and meets the requirements for opening a basic deposit account, a temporary deposit account or an special deposit account of a budget unit, the bank shall send to the local branch office of the People's bank of China the filled application form, the required certificates and review conclusion of the bank and go on with the opening account process after being approved by the local branch office of the People's Bank of China. As to applications that meet the requirements for opening general deposit accounts, other special deposit accounts or bank settlement accounts for individuals, banks shall carry out the opening account process right away and file the case with the local branch office of the People's Bank of China within five working days after the opening of such accounts.

  Article 29 The People's Bank of China shall review the regulatory compliance of the documents submitted for opening basic deposit accounts, temporary deposit accounts and special deposit accounts of budget units within two working days. It shall approve those eligible applications, while sign and return those ineligible application forms along with the submitted certificates back to the bank.

  Article 30 When opening a bank settlement account for a depositor, the bank shall sign an agreement with the depositor on the management of that bank settlement account, defining rights and obligations of either party. It shall also keep cards that contain the stamp or signature of the depositor and keep files of the original copies or duplicates of the stamp or signature and required certificates.

  Article 31 Registration certificates of opening accounts are the valid proof containing information on bank settlement accounts for institutions. Depositors shall use these certificates in accordance with these rules and keep them in safe place.

  Article 32 When opening general deposit accounts, special deposit accounts or temporary deposit accounts for depositors, banks shall record on the registration certificates of basic deposit accounts names of the accounts, numbers of the accounts, nature of the accounts, banks to hold the accounts and the opening date of the accounts and stamp on it. Temporary deposit accounts that are opened by temporary institutions or in need of registration and examination of capital requirement compliance are exempted from this requirement.

  Chapter III Use of Bank Settlement Accounts

  Articl

e 33 Basic deposit account is the principal account for a depositor. Funds receipt and payment in depositors' day-to-day operations, as well as withdrawal of salary, bonus or cash, shall all be conducted through this account.

  Article 34 General deposit account is to be used for depositing borrowing proceeds, repaying debt and other settlements. Such an account may be used to surrender cash, but is prohibited from being used to withdraw cash.

  Article 35 Special deposit account is to be used for receipt and payment of various earmarked funds.

  Funds deposited in enterprise banking card accounts shall only be transferred from the basic deposit accounts and are not allowed to be used for cash receipt and payment.

  Cash withdrawal is not allowed from special deposit accounts for extra budgetary funds, settlement funds of securities transactions, margin funds for futures trading and trust funds.

  If depositors need to withdraw cash from accounts set for depositing funds of capital construction, technology upgrading, policy encouraged real estate development or interbank deposits of financial institutions, they shall apply for approval of the local branch office of the People's Bank of China when applying for opening such accounts. The local branch office of the People's Bank of China shall review and approve the applications according to rules on cash management.

  Cash withdrawal from special deposit accounts for depositing social security funds, housing provident funds and funds for procurement of grain, cotton and edible oil shall be carried out in accordance with rules on cash management.

  Accounts set for depositing proceeds surrender are not allowed to conduct payment transactions except for transferring funds to the basic deposit accounts or special deposit accounts for extra budgetary funds. No cash withdrawal is allowed. Accounts for effecting business spending are not allowed to receive funds except for funds transferred from the basic deposit accounts. Cash withdrawal from such accounts shall be conducted in line with rules on cash management.

  Banks shall reinforce surveillance according to these rules and rules on management and use of funds for procurement of grain, cotton and edible oil. Banks shall not conduct funds receipt and payment and cash withdrawal that are in violation of relevant rules and regulations. However, banks are not responsible for supervising the use of other earmarked funds.

  Article 36 Temporary deposit accounts are to be used for funds receipt and payment resulted from temporary operations by temporary institutions or depositors.

  The validity period of temporary deposit accounts shall be determined according to the validity period defined in the relevant certificate for opening of such accounts, as well as the need of the depositors. If depositors need to extend the validity period while using such accounts, they shall apply to the bank that holds the account during the validity period. Then the bank shall submit such applications to the local branch office(s) of the People's Bank of China and make the extension upon approval. Validity period of temporary deposit accounts shall not be longer than two years.

  Cash withdrawal from the temporary deposit accounts shall be conducted in accordance with relevant rules on cash management.

  Article 37 Temporary deposit account opened for depositing funds for registration and examination of capital requirement compliance may only be used to receive funds (not to disburse funds) during the examination period. The name of the person who provides such funds shall be the same as that of the investor.

  Article 38 In the case of depositors opening bank settlement accounts for institutions, such accounts may only be used to conduct payment transactions three working days after their opening. However, conversion of a temporary deposit account for

registration and examination of capital requirement compliance into a basic deposit account, as well as a general deposit account opened to deposit borrowing proceeds, are exempted from this restriction.

  Article 39 Bank settlement accounts for individuals are to be used to conduct individuals' receipt and disbursement of fund transfers, as well as cash deposit and withdrawal. Following funds are allowed to be transferred to bank settlement accounts for individuals:

  (1) Income of salary and bonus.

  (2) Writer apos;s remuneration and performance remuneration of actors.

  (3) Principle and returns of investment such as bonds, futures and trust.

  (4) Gains from transfer of personal debt or ownership.

  (5) Deposits of retail loan proceeds.

  (6) Settlement funds for securities transactions and margin funds for futures trading.

  (7) Inherited or granted funds.

  (8) Insurance compensation and returned premium.

  (9) Tax rebate.

  (10) Sales income of agricultural and mineral products.

  (11) Other legitimate proceeds.

  Article 40 When an institution disburses funds from its bank settlement account to a bank settlement account for individuals, it shall produce to the bank that holds its account the following warrants to effect the disbursement if the disbursement is over RMB 50 thousand yuan:

  (1) Agreement on entrus

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