外资金融机构驻华代表机构管理办法 Administration of Representative Establishments in China of Foreign-funded Financia

中国人民银行[2002]8号

（Promulgated by the People's Bank of China on 27 June 2002 and effective as of 18 July 2002.）

颁布日期：20020627 　实施日期：20020718 　颁布单位：中国人民银行

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Procedures are formulated in accordance with the relevant provisions of the PRC Administration of Foreign-funded Financial Institutions Regulations in order to meet the needs of the opening to the outside world and economic development and to strengthen administration of the representative establishments in China of foreign-funded financial institutions.

　　Article 2　For the purposes of these Procedures， the term “foreign-funded financial institutions” includes foreign financial institutions and foreign-funded financial institutions registered and established in China.

　　The term “foreign financial institution” means a financial institution registered outside the People's Republic of China and recognized by the financial regulatory authority or trade association of the country or region where it is located.

　　Foreign-funded financial institutions registered and established in China include： banks with foreign capital the head offices of which are in China； equity joint venture banks established in China by foreign financial institutions and Chinese companies or enterprises； finance companies， currency brokerages and credit card companies with foreign capital the head offices of which are in China； equity joint venture finance companies， currency brokerages and credit card companies established in China by foreign financial institutions and Chinese companies or enterprises； and other foreign-funded financial institutions established with the approval of the People's Bank of China.

　　For the purposes of these Procedures， the term “representative establishments of foreign-funded financial institutions” （Representative Establishments） includes representative offices and general representative offices established in China by foreign-funded financial institutions and engaged in non-business activities such as consultancy， liaison and market research， etc. The main person in charge of a representative office shall be titled chief representative and the main person in charge of a general representative office shall be titled general representative.

　　Article 3　Representative Establishments must abide by the laws and regulations of the People's Republic of China. Their lawful rights and interests shall be protected by the laws of the People's Republic of China.

　　PART TWO　APPLICATION AND ESTABLISHMENT

　　Article 4　When a foreign financial institution establishes a representative office， the applicant shall meet the following conditions：

　　1. there is a sound financial regulatory system in the country or region in which the applicant is located；

　　2. the applicant is a financial institution established upon the approval of the financial regulatory authority of， or a member of the financial trade association of， the country or region in which the applicant is located；

　　3. the applicant's business position is good and it has no record of major violations of laws or regulations； and

　　4. other prudential conditions specified by the People's Bank of China.

　　When a foreign-funded financial institution registered in China establishes a representative office， the applicant shall meet the conditions specified in Items （3） and （4） above.

　　Article 5　When applying to establish a representative office， the applicant shall obtain an application form from， and submit the completed form accompanied by the materials set forth below to， the office of the People's Bank of China of the proposed place of establishment：

　　1. an application addressed to the governor of the People's Bank of China and signed by the chairman of the board or president （chief executive office

r， general manager） of the applicant；

　　2. （a photocopy of） the business licence or （a photocopy of） the certificate of lawful commencement of business issued by the relevant authority-in-charge in the country or region in which the applicant is located；

　　3. the articles of association of the company， a list of names of the members of the board of directors and the 10 largest shareholders or the main partners；

　　4. annual reports for the three years prior to the application；

　　5. a written opinion issued by the financial regulatory authority of the country or region in which the applicant is located， on the establishment of a representative office in China by the applicant， or a letter of recommendation from the trade association of the trade to which the applicant belongs；

　　6. proof of the identity， academic attainments and the résumé of the proposed chief representative， and a statement of no record of improper conduct signed by the person proposed for the position；

　　7. a power of attorney appointing the chief representative， signed by the chairman of the board， president （chief executive officer， general manager） or his authorized signatory； and

　　8. other materials requested by the People's Bank of China.

　　A foreign-funded financial institution registered in China need not include the materials specified in Item （5） of this article with the materials it provides.

　　Article 6　All foreign language materials， other than annual reports， which these Procedures require to be submitted shall be accompanied by Chinese translations thereof.

　　Of these， the “power of attorney” and “（photocopy of the） business licence” or “（photocopy of the） certificate of lawful commencement of business” must be notarized by a notarial organization recognized by the country or region in which the applicant is located， or authenticated by the Chinese embassy or a Chinese consulate in such country.

　　Article 7　Once the office of the People's Bank of China has preliminarily examined the application materials submitted by the foreign-funded financial institution， it shall submit the same to the head office of the People's Bank of China for examination and approval.

　　Article 8　The name of a representative office shall be composed of the following elements： name of the foreign-funded financial institution followed by the name of the city where it is located followed by the words “Representative Office”。

　　Article 9　Foreign financial institutions that have established five or more offices/branches in China may apply to establish a general representative office.

　　The application procedures for establishment of a general representative office are the same as those for establishment of a representative office， and both types of office will be administered in the same way.

　　The name of a general representative office shall be composed of the following elements： name of the foreign financial institution followed by the words “General Representative Office in China”。

　　Article 10　The qualifications of the general representatives of general representative offices and the chief representatives of representative offices to serve in such positions shall be subject to the verification and approval system.

　　The head office of the People's Bank of China is responsible for verifying and approving or revoking the qualifications of the general representatives of general representative offices and the chief representatives of representative offices to serve in such positions.

　　Article 11　Persons holding the positions of general representative of a general representative office or chief representative of a representative office shall meet the following conditions：

　　1. persons holding the position of general representative of a general representative office shall， in general， have five or more years of work experien

ce in finance or a related economic field and three or more years experience as a business department manager or in an equivalent or higher position；

　　2. persons holding the position of chief representative of a representative office shall， in general， have three or more years of work experience in finance or a related economic field； and

　　3. holding an undergraduate degree or higher academic qualification. In the absence of such qualification， the number of years engaged in finance or a related economic field required of a person holding the position of general representative of a general representative office shall increase by six years and that of a person holding the position of chief representative of a representative office by three years.

　　Article 12　When applying to replace the general representative or chief representative of a Representative Establishment， the foreign-funded financial institution shall submit the following materials to the office of the People's Bank of China of the place where the Representative Establishment is located：

　　1. an application addressed to the governor of the People's Bank of China and signed by the authorized signatory of the foreign-funded financial institution；

　　2. a power of attorney signed by the authorized signatory of the foreign-funded financial institution；

　　3. the résumé of the person proposed for the position；

　　4. photocopies of the proof of the identity and academic attainments of the person proposed for the position；

　　5. a statement of no record of improper conduct signed by the person proposed for the position； and

　　6. other materials requested by the People's Bank of China.

　　Article 13　Once the office of the People's Bank of China has preliminarily e

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