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

ted salary payment and the name list of recipients.

　　（2） Certificates of rewards.

　　（3） Contracts signed between recipients and the publishing houses or sponsors of the show performance， or certificates of disbursement to individuals

　　（4） Certificates of disbursement or rebate of funds to natural persons by securities firms， futures firms， trust and investment companies and lottery issuers or underwriters.

　　（5） Agreement of debt or ownership transfer.

　　（6） Borrowing contract.

　　（7） Warrant of insurance company.

　　（8） Warrant of taxation authorities.

　　（9） Purchase and sale contracts of agricultural and mineral products.

　　（10） Warrants of other legitimate funds.

　　When taxable funds are disbursed from bank settlement accounts for institutions to bank settlement accounts for individuals， agent institutions that deduct the tax payment on behalf of the tax payers shall produce to the bank that holds the accounts the warrant of tax payment in the disbursement.

　　Article 41 In the event of any of the following cases， individuals shall produce relevant funds receipts required in Article 40 of these rules.

　　（1） Presenting a check endorsed by an institution and requesting the bank that holds his or her account to do entrusted funds receipt and transfer the received funds to his/her bank settlement account for individuals.

　　（2） Presenting a check or a cashier's check applied by an institution and requesting the bank that holds his or her account to make notice payment and transfer the funds to his/her bank settlement account for individuals.

　　Article 42 When funds are disbursed from a bank settlement account for institutions to a bank settlement account for individuals， the bank shall carefully examine the warrant for disbursement or the original copy of warrant for funds receipt in line with stipulations in Article 40 and 41， and keep the duplicates as accounting files. The bank shall refuse to conduct the disbursement if the required warrants are not produced or are produced but not in accordance with relevant rules.

　　Article 43 Savings accounts are limited to cash deposit and withdrawal and shall not be used to carry out fund transfer or settlement.

　　Article 44 Banks shall crosscheck the books with depositors according to rules. When receiving the crosschecking statement or information， depositors of bank settlement accounts shall do the checking in time and send back to t

he banks within the required time limit the returning note or confirmation message.

　　Article 45 Depositors shall use bank settlement accounts to carry out settlement in a way compliant with these rules.

　　Depositors shall not lease or lend the bank settlement accounts to others or swindle banking credit through these accounts.

　　Chapter IV Alteration and Cancellation of Bank Settlement Accounts

　　Article 46 When a depositor changes the name of the bank settlement account but still maintains the account number and stays with the bank that holds the account， he or she shall apply to the bank holds the account for the alteration of bank settlement account within five working days and produce certificates issued by relevant authorities.

　　Article 47 When the legal representative or head， address or other information provided by an institution for opening a bank settlement account have been changed， the bank holds the account shall be informed in writing within five working days.

　　Article 48 After receiving alteration notice from the depositor， the bank shall go through the alteration process in time and report to the People's Bank of China within two working days.

　　Article 49 A depositor shall apply for cancellation of the bank settlement account to the bank holds the account on any of the following occasions：

　　（1） Being cancelled， merged， liquidated， announced bankrupt or closed；

　　（2） Its business license being invalidated or revoked；

　　（3） Need to change the bank that holds the account due to address change；

　　（4） Other reasons that necessitate the cancellation of the bank settlement account.

　　Depositors on the occasions of （1） and （2） shall apply for the cancellation of bank settlement accounts to the banks that hold the accounts within five working days.

　　“Cancellation” in this Article refers to an action by a depositor that leads to the termination of the use of bank settlement account because of problems with his/her qualification as account holder or other reasons.

　　Article 50 When a depositor cancels its basic depository account due to reasons outlined in Section （1）， （2） of Article 49 of these rules， the bank that holds its basic deposit account shall inform other banks that hold other bank settlement accounts of that depositor of the cancellation within two working days after the basic deposit account is cancelled. Banks that hold other bank settlement accounts of that depositor shall notify in writing the depositor to cancel relevant bank settlement accounts within two working days after being informed. The depositor shall cancel other bank settlement accounts within three working days after being informed.

　　Article 51 When a bank is aware that a depositor is in the situation described in Section （1）， （2） of Article 49 of these rules and is not able to complete the cancellation of bank settlement accounts within the time limit， the bank is entitled to stop the outward payment from its bank settlement accounts.

　　Article 52 An institution that is not approved by the administration of industry and commerce for its registration shall apply to the bank for cancellation of its temporary deposit account set for registration and examination of capital requirement compliance. The funds in this account shall be returned to the accounts from which those funds are originally disbursed. In the case the funds for registration and examination of capital requirement compliance is deposited in cash and the investor needs to withdraw the cash， original copy of the warrant of cash contribution and valid ID card of the investor shall be produced.

　　Article 53 A depositor that has not completely repaid its debt with the bank that holds its account is not allowed to cancel that account.

　　Article 54 When a depositor cancels its bank settlement account， it shall check with the account-holdin

g bank the outstanding balance in it and return important blank checks and notes， settlement warrants and registration certificate of opening the account. The bank may only cancel that account after check-up and verification of these returned materials. If the depositor has not returned important blank checks and notes and settlement warrants， it shall produce relevant proof and bear all the losses if there is any.

　　Article 55 When a bank cancels a bank settlement account， it shall indicate the date of cancellation and stamp on the registration certificate of opening of that account， while at the same time report to the People's Bank of China with two working days after the cancellation of that bank settlement account.

　　Article 56 As to bank settlement accounts for institutions that are not involved in any payment or receipt activities in one year's time， the bank shall notify the institutions to cancel these accounts within 30 working days after the issuance of the cancellation notice. Once the time limit is reached， the bank will regard the depositor as voluntarily canceling the accounts and transfer the funds remaining to the special account for dormant funds.

　　Chapter V Management of Bank Settlement Accounts

　　Article 57 The People's Bank of China is responsible for supervision and examination of the opening and use of bank settlement accounts， as well as punishment of any violation of rules on management of bank settlement accounts by depositors or banks.

　　Article 58 The People's Bank of China is responsible for monitoring and regulating the opening and use of bank settlement accounts.

　　Article 59 The People's Bank of China is responsible for administration of the registration certificates of opening of basic deposit accounts， temporary deposit accounts and special deposit accounts for budget units.

　　No institutions or individuals shall be allowed to counterfeit， alter or privately print the registration certificates of opening accounts.

　　Article 60 Banks are responsible for management of bank settlement accounts opened and used in their operational branches， monitoring and examining compliance with these rules and punishing acts of violations in opening and use of bank settlement accounts.

　　Article 61 Banks shall establish an accountability system， which designates particular personnel to be in charge of monitoring the opening， use and cancellation of bank settlement accounts， and reviewing depositors' application documents for opening accounts. Banks shall also report on the timely basis the information on depositors' opening and cancellation of accounts according to these rules， establish and improve registration system for opening and cancellation of accounts， create archives for bank settlement accounts， which are to be administered as accounting files.

　　Files of bank settlement accounts shall be kept for 10 years after cancellation of such accounts.

　　Article 62 Banks shall carry out annual review of existing bank settlement accounts for institutions， examining the regulatory compliance of existing bank settlement accounts and verifying the authenticity of application documents for opening accounts. Bank settlement accounts that are opene

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