中华人民共和国外资金融机构管理条例 PRC Administration of Foreign-funded Financial Institutions Regulations

国务院令第340号
(Promulgated by the State Council on 20 December 2001 and effective as of 1 February 2002.)
颁布日期：20011220 　实施日期：20020201 　颁布单位：国务院

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Regulations are formulated in order to meet the needs of opening up to the outside world and economic development, to strengthen and improve the administration of foreign-funded financial institutions, and to promote the stable and sound operation of the banking industry.

　　Article 2　For the purposes of these Regulations, the term "foreign-funded financial institutions" shall refer to the following financial institutions that are approved to be established and operated in the People's Republic of China in accordance with the relevant laws and regulations of the People's Republic of China:

　　1. banks with foreign capital whose head offices are located within the People's Republic of China (Wholly Foreign-owned Bank(s));

　　2. branches of foreign banks in the People's Republic of China (Foreign Bank Branch(es));

　　3. banks in the People's Republic of China that are equity joint ventures between foreign financial institutions and Chinese companies or enterprises (Joint Venture Bank(s));

　　4. finance companies with foreign capital whose head offices are located in the People's Republic of China (Wholly Foreign-owned Finance Company/Companies); and

　　5. finance companies in the People's Republic of China that are equity joint ventures between foreign financial institutions and Chinese companies or enterprises (Joint Venture Finance Company/Companies).

　　Article 3　Foreign-funded financial institutions must abide by the laws and regulations of the People's Republic of China and may not harm the public interests of the People's Republic of China.

　　The normal business activities and lawful rights and interests of foreign-funded financial institutions shall be protected by the laws of the People's Republic of China.

　　Article 4　The People's Bank of China shall be the authority in charge of the administration and supervision of foreign-funded financial institutions. The branches of the People's Bank of China shall exercise day-to-day supervision and administration of the foreign-funded financial institutions in their regions.

　　PART TWO　ESTABLISHMENT AND REGISTRATION

　　Article 5　The minimum registered capital of a Wholly Foreign-owned Bank or a Joint Venture Bank shall be freely convertible currencies equivalent to Rmb 300 million in value; the minimum registered capital of a Wholly Foreign-owned Finance Company or a Joint Venture Finance Company shall be freely convertible currencies equivalent to Rmb 200 million in value. The registered capital shall be the paid-up capital.

　　A Foreign Bank Branch shall be allocated without consideration by its head office freely convertible currencies equivalent to Rmb 100 million in value as its operating capital.

　　The People's Bank of China may, in accordance with the business scope of the financial institution and the need for prudential supervision, raise the minimum amount of its registered capital or operating capital, and stipulate the Renminbi proportion thereof.

　　Article 6　An applicant shall meet the following conditions for the establishment of a Wholly Foreign-owned Bank or Wholly Foreign-owned Finance Company:

　　1. the applicant is a financial institution;

　　2. the applicant has maintained a representative office in the People's Republic of China for more than two years;

　　3. the applicant possesses assets totalling not less than US$10 billion at the end of the year prior to the year of submitting the application;

　　4. the country or region where the applicant is located possesses a sound financial supervisory and administrative system, and the applicant is under the effective supervision of the relevant authoritie

s in charge in the country or region where it is located;

　　5. the relevant authorities in charge in the country or region where the applicant is located consent to its application; and

　　6. other prudential conditions stipulated by the People's Bank of China.

　　Article 7　An applicant shall meet the following conditions for the establishment of a Foreign Bank Branch:

　　1. the applicant has maintained a representative office in the People's Republic of China for more than two years;

　　2. the applicant possesses assets totalling not less than US$20 billion at the end of the year prior to the year of submitting the application, and the capital adequacy ratio shall not be less than 8%;

　　3. the country or region where the applicant is located possesses a sound financial supervisory and administrative system, and the applicant is under the effective supervision of the relevant authorities in charge in the country or region where it is located;

　　4. the relevant authorities in charge in the country or region where the applicant is located consent to its application; and

　　5. other prudential conditions stipulated by the People's Bank of China.

　　Article 8　An applicant shall meet the following conditions for the establishment of a Joint Venture Bank or Joint Venture Finance Company:

　　1. the foreign party in the joint venture is a financial institution;

　　2. the foreign party in the joint venture has established a representative office in the People's Republic of China;

　　3. the foreign party in the joint venture possesses assets totalling not less than US$10 billion at the end of the year prior to the year of submitting the application;

　　4. the country or region where the foreign party in the joint venture is located possesses a sound financial supervisory and administrative system, and the foreign party in the joint venture is under the effective supervision of the relevant authorities in charge in the country or region where it is located;

　　5. the relevant authorities in charge in the country or region where the foreign party in the joint venture is located consent to its application; and

　　6. other prudential conditions stipulated by the People's Bank of China.

　　Article 9　To establish a Wholly Foreign-owned Bank or Wholly Foreign-owned Finance Company, an applicant shall apply in writing to the People's Bank of China and submit the following information:

　　1. an application for the establishment of a Wholly Foreign-owned Bank or Wholly Foreign-owned Finance Company. Such application shall include the name of the Wholly Foreign-owned Bank or Wholly Foreign-owned Finance Company to be established, the amount of registered capital, types of business operations applied for and so on;

　　2. a feasibility study;

　　3. the articles of association of the Wholly Foreign-owned Bank or Wholly Foreign-owned Finance Company to be established;

　　4. a copy of the business licence and an opinion regarding the application issued by the relevant authorities in charge in the country or region where the applicant is located;

　　5. the annual reports of the applicant for the most recent three years; and

　　6. other information required for submission by the People's Bank of China.

　　Article 10　To establish a Foreign Bank Branch, the head office of such foreign bank shall apply in writing to the People's Bank of China and submit the following information:

　　1. an application signed by legal representatives. Such application shall include the name of the Foreign Bank Branch to be established, the amount of operating capital allocated without consideration by its head office, types of business operations applied for and so on;

　　2. a feasibility study;

　　3. a copy of the business licence and an opinion regarding the application issued by the relevant

authorities in charge in the country or region where the applicant is located;

　　4. the annual reports of the applicant for the most recent three years; and

　　5. other information required for submission by the People's Bank of China.

　　Article 11　To establish a Joint Venture Bank or Joint Venture Finance Company, parties in the joint venture shall jointly apply in writing to the People's Bank of China and submit the following information:

　　1. an application for the establishment of a Joint Venture Bank or Joint Venture Finance Company. Such application shall include the name of the Joint Venture Bank or Joint Venture Finance Company to be established, the names of the parties in the joint venture, the amount of registered capital, the ratio of capital contributions by the parties and the types of business operations applied for and so on;

　　2. a feasibility study;

　　3. a joint venture contract and the articles of association of the Joint Venture Bank or Joint Venture Finance Company to be established;

　　4. a copy of the business licence and an opinion regarding the application issued by the relevant authorities in charge in the country or region where the foreign party in the joint venture is located;

　　5. the annual reports of the foreign party in the joint venture for the most recent three years;

　　6. the relevant information regarding the Chinese party in the joint venture; and

　　7. other information required for submission by the People's Bank of China.

　　Article 12　Except for annual reports, any of the information listed in Articles 9, 10 and 11 hereof that is written in a foreign language shall be accompanied by a Chinese translation.

　　Article 13　The People's Bank of

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