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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:
d in violation of these rules shall be canceled. Any confirmed changes of bank settlement accounts shall be reported on timely basis to local branch office(s) of the People's Bank of China.

  Banks shall monitor use of bank settlement accounts and timely report any suspicious payment transactions in line with procedures prescribed by the People's Bank of China.

  Article 63 Depositors shall reinforce their management of signatures and seals that are filed with banks. If an institution loses its stamp or special stamp for financial use, it shall produce relevant documents, including written application, registration certificate for opening account and its business license

for replacing the lost stamp. When changing its stamp or special stamp for financial use, it shall produce documents such as written application and layout of the filed signature and seal. When an individual loses or changes his or her personal seal, or changes the signing person, he or she shall produce written application validated with signature, initially filed seal or ID card of the signing person. The bank shall keep the corresponding duplicates as a warrant to change the filed signature and seal.

  Chapter VI Penalties Provisions

  Article 64 In the event of opening or canceling a bank settlement account, a depositor is prohibited from the following activities:

  (1) Opening a bank settlement account in violation of these rules.

  (2) Forging or altering warrants to deceive the banks when opening the bank settlement account.

  (3) Failing to cancel the bank settlement account as required by these rules.

  A non-commercial depositor involved in any of the above mentioned activities shall be warned and fined RMB1000 yuan. A commercial depositor involved in any of the above mentioned activities shall be warned and fined between RMB10000 and 30000 yuan. If a crime is committed, the depositor shall be handed over to judicial authorities and be prosecuted according to the law.

  Article 65 In the event of using bank settlement accounts, a depositor is prohibited from the following activities:

  (1) Transferring the funds of an institution to a bank settlement account for individuals, which is against these rules.

  (2) Withdrawing cash in violation of these rules.

  (3) Evading or defaulting debt payment to banks through opening bank settlement accounts.

  (4) Leasing or lending the bank settlement accounts.

  (5) Depositing funds transferred from bank settlement accounts other than basic deposit accounts; depositing sales proceeds or cash in the enterprise banking card accounts.

  (6) Failing to change the legal representative or head of the depositing institution, depositor's address or other information required for opening bank settlement account to banks within the required time limit.

  A non-commercial depositor involved in (1)-(5) of the above mentioned activities shall be warned and fined RMB1000 yuan. A commercial depositor involved in (1)-(5) of the above mentioned activities shall be warned and fined between RMB5000 and 30000 yuan. A depositor involved in (6) of the above mentioned activities shall be warned and fined RMB1000 yuan.

  Article 66 In the event of opening bank settlement accounts for depositors, following activities are prohibited for the banks:

  (1) Opening multiple bank settlement accounts for depositors in violation of these rules.

  (2) Allowing a depositor to open bank settlement account in the name of a natural person to deposit funds obviously belonging to an institution.

  A bank involved in any of the above-mentioned activities shall be warned and fined between RMB50000 and 300000 yuan. Those held immediately responsible for such violations in the bank including its senior management, other executive managers or individuals shall be given a disciplinary punishment. The People's Bank of China shall have the right to suspend review and approval of its opening of basic deposit accounts, command it to cease operation and take remedial measures or revoke its business license if the damage is serious. In the case a crime is committed, those involved in such a crime shall be handed over to judicial authorities to be prosecuted according the law.

  Article 67 A bank is prohibited from any of the following activities in the use of bank settlement accounts:

  (1) Providing false application documents in opening account to deceive the People's Bank of China's approval for the opening of basic deposit accounts, temporary deposit accounts or speci

al deposit accounts for budget units.

  (2) When opening or canceling a bank settlement account, it does not register or stamp on the registration certificate for opening basic deposit accounts, or does not inform the relevant account-holding banks.

  (3) Conducting fund transfer and settlement using bank settlement accounts for individuals in violation of Article 42 of these rules.

  (4) Conducting transfer and settlement for savings accounts.

  (5) Conducting cash payment or deposit for depositors in violation of these rules.

  (6) Failing to report information on opening, altering or canceling accounts to the People's Bank of China, or failing to do it within the required time limit.

  A bank involved in any of the above-mentioned activities shall be warned and fined between RMB5000 and 30000 yuan. Those held immediately responsible for such violations in the bank including its senior management, other executive managers or individuals shall be given a disciplinary punishment. The People's Bank of China shall have the right to suspend review and approval of its opening of basic deposit accounts, command it to cease operation and take remedial measures or revoke its business license if the damage is serious. In the case a crime is committed, those involved in such a crime shall be handed over to judicial authorities to be prosecuted according to the law.

  Article 68 A commercial depositor forging, altering or privately printing registration certificates for opening accounts shall be fined between RMB10000 and 30000 yuan, while a non-commercial depositor shall be fined RMB1000 yuan. If a crime is committed, the depositor shall be handed over to judicial authorities and be prosecuted according to law.

  Chapter VII Supplementary Provisions

  Article 69 The registration certificate for opening bank settlement account shall be prepared in a unified form designed by the head office of the People's Bank of China and its printing shall be monitored by the PBC regional branches, operation offices and branches in the capital cities of provinces or autonomous regions.

  Article 70 The People's Bank of China is responsible for interpretation and amendment of these rules.

  Article 71 These rules shall enter into force on September 1, 2003. “Rules on Banking Account Management” issued by the People's Bank of China on October 9, 1994 will be invalidated at the same time

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