金融违法行为处罚办法 Measure for Punishing Illegal Banking Activities

　　(2) handling different types of business such as deposits, and lending by setting off the same against each other in one account;

　　(3) failing to book operating revenue; or

　　(4) other off-the-book businesses.

　　If a banking institution violates the provisions of the preceding paragraph , it shall be given a warning and its illegal income shall be confiscated; in addition, it shall be subject to a fine of not less than 1 time but not more than 5 times the illegal income or, if there is no illegal income, a fine not less than 100,000 yuan but not more than 500,000 yuan. The senior management employees of the banking institution directly responsible, other persons in charge who are directly responsible and other directly responsible persons shall be subjected to the disciplinary sanction of dismissal. If the circumstances are serious, the banking institution shall be ordered to suspend businesses and carry out rectification or its permit to conduct banking businesses shall be revoked. If the criminal offence of illegally making inter-banking-institution loans or other loans with off-the-books customer funds or another criminal offence is constituted, criminal liability shall be investigated according to law.

　　Article 12 Banking institutions may not submit financial and accounting reports or statistical reports which are a sham or which conceal major facts.

　　A banking institution that submits a financial or accounting reports or a statistical report which is a sham or which conceals major facts shall be given a warning, and subjected to a fine of not less than 100,000 yuan but not more than 500,000 yuan; the senior management employees of the banking institution directly responsible shall be subjected to disciplinary sanctions ranging from removal from their posts to dismissal, and the other persons in charge who are directly responsible and other directly responsible persons shall be subjected to disciplinary sanctions ranging from recording of a major demerit to dismissal; if the circumstances are serious, the banking institution shall be ordered to susp

end businesses and carry out rectification or its permit to conduct banking businesses shall be revoked; if the criminal offence of submitting a sham financial or accounting report or another criminal offence is constituted, criminal liability shall be investigated according to law.

　　Article 13 Banking institution may not issue financial instruments such as letters of credit, letters of guarantee, negotiable instruments, certificates of deposit or certificates of creditworthiness, etc. that do not agree with the facts.

　　A banking institution that practices fraud by issuing a financial instrument such as a letter of credit, letter of guarantee, negotiable instrument, certificate of deposit or certificate of creditworthiness, etc. that does not agree with the facts shall be given a warning and its illegal income shall be confiscated; in addition, it shall be subjected to a fine of not less than 1 time bur not more than 5 times the illegal income or, if there is no illegal income, a fine of not less than 100,000 yuan but not more than 500,000 yuan; the senior management employees of the banking institution directly responsible, other persons in charge who are directly responsible and other directly responsible persons shall be subjected to the disciplinary sanction of dismissal; if the criminal offence of illegally issuing a financial instrument or another criminal offence is constituted, criminal liability shall be investigated according to law.

　　Article 14 Banking institutions may not accept, discount, pay or guarantee negotiable instruments which violate provisions of the law on negotiable instruments.

　　A banking institution that accepts, discounts, pays or guarantees a negotiable instrument which violates provisions of the law on negotiable instruments shall be given a warning and its illegal income shall be confiscated; in addition, it shall be subjected to a fine of not less than 1 time but not more than 3 times the illegal income or, if there is no illegal income, a fine of not less than 50,000 yuan but not more than 300,000 yuan; the senior management employees of the banking institution directly responsible, other persons in charge who are directly responsible and other directly responsible persons shall be subjected to disciplinary sanctions ranging from recording of a major demerit; if a loss of funds results, the said banking institution's senior management employees directly responsible shall be subjected to disciplinary sanctions ranging from removal from their posts to dismissal; if the criminal offence of accepting, paying or guaranteeing an illegal negotiable instrument or another criminal offence is constituted, criminal liability shall be investigated according to law.

　　Article 15 In conducting deposit businesses, banking institutions may not:

　　(1) without authorization, raise interest rates or covertly raise interest rates to attract deposits;

　　(2) permit an account to be opened in the name of an individual for the purpose of depositing funds which the banking institution knows well or should know to be funds of a unit;

　　(3) launch new types of deposit business without authorization;

　　(4) accept deposits which do not meet People's Bank of China regulations on customer scope, time limit or minimum amount;

　　(5) open multiple accounts for clients in violation of regulations; or

　　(6) carry out other deposit acts in violation of People's Bank of China regulations.

　　A banking institution that commits any one of the acts mentioned in the preceding paragraph shall be given a warning and its illegal income shall be confiscated; in addition, it shall be subjected to a fine of not less than 1 time but not more than 3 times the illegal income or, if there is no illegal income, a fine of not less than 50,000 yuan but not more than 300,000 yuan; the senior management employees of the banking institution directly respo

nsible shall be subjected to disciplinary sanctions ranging from removal from their posts to dismissal, and the other persons in charge who are directly responsible and other directly responsible persons shall be subjected to disciplinary sanctions ranging from demotion to dismissal; if the circumstances are serious, the banking institution shall be ordered to suspend businesses and carry out rectification or its permit to conduct banking business shall be revoked.

　　Article 16 In conducting loan business, banking institutions may not:

　　(1) grant unsecured loans to connected persons;

　　(2) grant secured loans to connected persons on terms more favorable than those offered to other borrowers of the same kind of loans;

　　(3) raise or lower interest rate in violation of regulations or make loans by other improper methods; or

　　(4) carry out other lending acts in violation of People's Bank of China regulations.

　　A banking institution that commits any one of the acts mentioned in the preceding paragraph shall be given a warning and its illegal income shall be confiscated; in addition, it shall be subjected to a fine of not less than 1 time but not more than 5 times the illegal income or, if there is no illegal income, a fine of not less than 100,000 yuan but not more than 500,00 yuan; the senior management employees of the banking institution directly responsible, other persons in charge who are directly responsible and other directly responsible persons shall be subjected to disciplinary sanctions ranging from removal from their posts to dismissal; if the circumstances are serious, the banking institution shall be ordered to suspend businesses and carry out rectification or its permit to conduct banking business shall be revoked; if the criminal offence of illegally making loans to connected persons, illegally granting loans or another criminal offence is constituted, criminal liability shall be investigated according to law.

　　Article 17 In conducting inter-banking-institution lending, banking institutions may not:

　　(1) grant inter-banking-institution loans in excess of the maximum permissible amount;

　　(2) grant inter-banking-institution loans of a term exceeding the maximum permissible term;

　　(3) conduct inter-banking-institution lending business if they do not have the qualifications to conduct such business;

　　(4) conduct inter-banking-institution lending business outside the national unified inter-banking-institution lending network;

　　(5) engage in other inter-banking-institution lending acts in violation of People's Bank of China regulations.

　　A banking institution that commits any one of the acts mentioned in the preceding paragraph shall be subjected to a temporary suspension or termination of the said business and its illegal income shall be confiscated; in addition, it shall be subjected to a fine of not less than 1 time but not more than 3 times the illegal income or, if there is no illegal income, a fine of not less than 50,000 yuan but not more than 300,00 yuan; the senior management employees of the banking institution directly responsible, other persons in charge who are directly responsible and other directly responsible persons shall be subjected to disciplinary sanctions ranging from recording of a demerit to dismissal.

　　Article 18 Banking institutions may not violate State regulations by conducting securities, futures or other derivatives transactions, provide credit funds or guarantees for securities, futures or other derivatives transactions, or violate State regulations by investing in immovable property not for their own use, equity

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