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

or industry, etc.

　　A banking institution that violates the provisions of 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 shll be subjected to the disciplinary sanction of dismissal, and the 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 illegal operation, illegally granting of loans or another criminal offence is constituted, criminal liability shall be investigated according to law.

　　Article 19 Banking institutions shall comply with the provisions of the People's Bank of China on cash control, and they shall not permit any units or individuals to withdraw cash exceeding the permissible limit.

　　A banking institution that violates the provisions of the People's Bank of China on cash control by permitting units or individuals to withdraw cash exceeding the permissible limit and its illegal income shall be given a warning and fined 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 to dismissal.

　　Article 20 Banking institutions shall comply with the provisions of the People's Bank of China on control over credit card, and shall not violate provisions by permitting credit cardholders to make overdrafts or aiding them to use their credit cards to illicitly obtain cash.

　　A banking institution that violates the provisions of the People's Bank of China on control over credit card by permitting credit cardholders to make overdrafts or aiding them to use their credit cards to illicitly obtain cash shall be given a warning and fined 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 to dismissal.

　　Article 21 Banking institutions shall comply with the provisions of the People's Bank of China on the administration of asset-liability ratios.

　　A banking institution that violates the provisions of the People's Bank of China on the administration of asset-liability ratios 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 shall be subjected to disciplinary sanctions ranging from recording of a major demerit to dismissal.

　　Article 22 Banking institutions shall not tie up public finance deposits or funds.

　　A banking institution that ties up public finance deposits or funds 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 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.

　　Article 23 Banking institutions shall, according to law, assist the tax and customs authorities in carrying out the freezing or the seizing and transferring of taxpayers' deposits.

　　A banking institution that violates the provisions of the preceding paragraph, resulting in the loss of tax revenue, shall be given a warning and fined 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 a violation of public security administration is constituted, they shall be subjected to public security administration penalties according to law; if the criminal offence of obstructing official business or another criminal offence is constituted, criminal liability shall be investigated according to law.

　　Article 24 Banking institutions engaging in foreign exchange business shall comply with the provisions of the State on foreign exchange control.

　　A banking institution engaging in foreign exchange business that violates the provisions of the State on foreign exchange control shall be subjected to administrative penalties according to the provisions of the regulations on foreign exchange control; 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; if the circumstances are serious, the senior management employees of the banking institution directly responsible shall be subjected to disciplinary sanctions ranging from removal from their posts to dismissal; if a criminal offence is constituted, criminal liability shall be investigated according to law.

　　Article 25 Banking institutions engaging in foreign exchange business may not cot:

　　(1) fail to promptly report unusual circumstances such as large or frequent purchase of foreign exchange, or the deposit or withdrawal of large amounts of foreign currency in cash; or

　　(2) fail to declare its balance of international receipts and payments according to provisions.

　　A banking institution engaging in foreign exchange business that commits any one of the acts mentioned in the preceding paragraph shall be given a warning and fined 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 demerit to dismissal; if the circumstances are serious, the senior management employees of the banking institution directly responsible shall be subjected to disciplinary sanctions ranging from removal from their posts to dismissal; if the criminal offence of being defrauded due to dereliction of duty in the signing or performance of a contract or another criminal offence is constituted, criminal liability shall be investigated according to law.

　　Article 26 Commercial banks may not permit overdrafts for the purpose of clearing funds for securities or futures transactions or for the purpose of applications for purchase of new shares.

　　A commercial bank that permits overdrafts for the purpose of clearing funds for securities or futures transactions or for the purpose of applications for purchase of new shares 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 i

llegal income, a fine of not less than 100,000 yuan but not more than 500,000 yuan; the senior management employees of the commercial bank directly responsible shall be subjected to disciplinary sanctions of dismissal, and 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.

　　Article 27 Finance companies may not:

　　(1) issue finance company bonds on a scale exceeding that approved by the People's Bank of China;

　　(2) take in deposits form, or grant loans to, units that are not group members;

　　(3) furnish banking services to units that are not group members, in violation of provisions; or

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

　　A finance company that carries out 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 500,000 yuan; the senior management employees of the finance company 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; if the circumstances are serious, the finance company shall be ordered to suspend busi

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