Interim provisions of the Interim Regulations on the Intermediate Business of Commercial Banks

People's Bank of China Order [2001] No. 5 (this provision has been abolished in 2008)
The financial laws and regulations such as the People's Republic of China and the People's Republic of China, the People's Republic of China Commercial Bank Law, and the Commercial Bank of China The People's Bank of China has formulated the "Interim Provisions on the Intermediate Business of Commercial Banks" and is now issued and implemented.
The president Dai Xianglong
June 21, 2001
The temporary provisions of the intermediate business of commercial banks (the People's Bank of China rejected the regulations on Circular 2008 No. 5) In order to further promote the development of commercial banks, standardize and improve banking services, improve competitiveness, and effectively prevent financial risks, in accordance with the "People's Republic of China and the People's Bank of China Law of the People's Republic of China" and "Commercial Banking Law of the People's Republic of China", this temporary regulations are specially formulated. Essence
Is The commercial banks referred to in this temporary provision refer to banking institutions that absorb public deposits, issue loans, and settlement of business in accordance with the "Commercial Bank Law of the People's Republic of China".
3 The intermediate business referred to in this temporary provision refers to a business that does not constitute an in -table asset and in -table liabilities in the commercial bank, and forms a bank's non -interest income.
It 4 Commercial banks to start an intermediate business shall be reviewed and approved by the People's Bank of China, and are subject to supervision and inspection by the People's Bank of China.
1 5 applications for commercial banks to apply for intermediate business shall meet the following requirements:
(1) Objective needs for the development of the financial market;
(2) does not harm customers' economic benefits;
(3) It is conducive to improving the service function of the bank, which is conducive to improving the profitability of banks;
(4) formulated corresponding business regulations and operating procedures;
(5) A qualified management management Personnel and business personnel;
(6) There are support systems suitable for business;
(7) Other conditions required by the People's Bank of China.
It 6 The People's Bank of China shall implement the approval system and filing system according to the risk and complexity of commercial banks to start the intermediate business.
The business of applicable approval systems is mainly to form or intermediate business with assets or liabilities, as well as parts related to securities and insurance business; Intermediate business of liabilities.
The intermediate business varieties applying for approval system include:
(1) Bill acceptance;
(2) issue credit cards;
(3) guarantee business, including the guarantee business, including the guarantee business, including Standby letter of credit business;
(4) Loan commitment;
(5) Financial derivative business;
(6) Various types of investment funds;
(7) Various funds of various funds Register, subscription, purchase, and redemption business;
(8) proxy securities business;
(9) proxy insurance business;
(10) Chinese people Chu?渌 衿 衿? BR /> Article 8: The intermediate business variety applicable to the filing system includes:
(1) various exchange services;
(2) export entrusted and imported Collection;
(3) agency issuance, underwriting, redemption of government bonds;
(4) Collection and payment business, including the issuance of salary, the issuance of social security fund issuance, and the agency of public utilities ( For example, collecting water and electricity costs);
(5) commissioned loan business;
(6) Agent policy banks, foreign governments and international financial institutions loan business;
(7) proxy funds liquidation;
(8) The receipt business of other bank card cards, including agency card business;
(9) Various types of agency sales business, including sales of travel check business;
(ten) Various testimony business, including deposit certification business;
(11) information consulting business, mainly including credit survey, corporate credit rating evaluation, asset evaluation business, financial information consulting;
(12) Enterprise, enterprise, enterprise, Personal financial advisory business;
(thirteenth) Enterprise investment and financing consultant business, including financing consultants, international syndicated loan arrangements;
(14) Storage box business;
(15) Chinese people The bank's other business varieties determined by the bank.
Itly, after the People's Bank of China accepts the application materials for commercial banks to start the intermediate business, the business varieties of the applicable approval system shall issue formal approval documents within 30 working days. For business varieties that are applicable to the filing system, the People's Bank of China's regulatory authorities shall reply to the bank in the form of a filing notice within 15 working days after the application materials are accepted.
The application for the people's Bank of China to review commercial banks to start the intermediate business can make particularly limited objects and scope of applicable to the applicable objects and applicable scope of commercial banks.
The intermediate businesses that commercial banks have not listed in Article 7 and 8 of commercial banks have not listed, and they are reviewed and reported to the People's Bank of China for review. The People's Bank of China determines the applicable approval or filing system based on business nature and risk characteristics.
The intermediate business varieties that have issued special business management measures for the People's Bank of China have stipulated the corresponding approval or filing system if the method has stipulated in accordance with the special business management measures.
The new business banks with wholly -owned commercial banks and joint -stock commercial banks shall be applied to the head office of the People's Bank of China by the head office. Carry out business.
Plores before commercial bank branches to run intermediate business, they should report to the local jurisdiction of the People's Bank of China for the varieties and attributes of the business.
It new business varieties of urban commercial banks shall be applied by the head office to apply to the People's Bank of China branch and business management department. Authorized its branches to carry out business.
Puchu urban commercial bank branches should report to the local government of the People's Bank of China before the start of the business and its attributes before the start of the business.
The fifth commercial bank branch to run intermediate business varieties, and should not exceed the scope of business varieties that the head bank is reviewed and agreed by the People's Bank of China.
16 The head office of the Commercial Bank applies for business varieties of applicable approval systems, and the following documents and materials shall be submitted (three in them):
(1) Application;
(2) Feasible Sex research report. The report should include at least the following content:
1. The definition of business varieties to be started;
2, risk characteristics and prevention measures for business varieties; R n4. The management personnel and business personnel who are intended to start the business variety;
5. Support system for business varieties;
6. Program for development and implementation of business varieties.
(3) rules and regulations, operating procedures, and related internal control systems intended to open business varieties;
(4) The People's Bank of China required other documents and materials provided.
The business variety of commercial banks to apply for a applicable filing system shall be submitted to the following documents and materials:
(1) The application for the opening of the application should be explained in the following:
1,. The definition of business varieties to be opened;
2, the cost and income prediction of business varieties;
3, the management personnel and business personnel who plan to start business varieties;
4. Essence
(2) The operating procedures and related internal control systems applying for business varieties;
(3) Other documents and materials provided by the People's Bank of China requested.
The commercial banks should strengthen communication and negotiation with peers to prevent the unfair competition in the market and monopoly market.
The intermediate business with unified charges or pricing standards for the state, commercial banks are charged in accordance with national unified standards. For the state that does not formulate a unified charging or pricing standard for the state, the People's Bank of China authorizes the China Banking Association to determine the charging or pricing standards in accordance with the principles of business and fairness. Commercial banks shall charges in accordance with the standards determined by the China Banking Association.
It 20 commercial banks should improve the internal management mechanism, strengthen internal control, and ensure the effective management and standardized development of intermediate business.
The commercial banks shall formulate an internal authorization system for intermediate business and report to the People's Bank of China for record.
The internal authorization system for commercial banks should clarify the authorization of branches at all levels of commercial banks to different categories of intermediate businesses, and clarify the scope of intermediate business that branches at all levels can engage in.
It 22 Commercial banks shall strengthen the control and management of intermediate business risks, and shall establish and implement effective risk management systems and measures in accordance with relevant laws, regulations and regulatory regulations.
It 23 Commercial banks shall establish information management systems for monitoring and reporting various intermediate businesses, timely, accurate, and comprehensively reflect the development and risk status of various intermediate businesses, and report business operations to the regulatory authorities in a timely manner. Case and existing problems.
It 24 Commercial banks should pay attention to risk control and management of assets in intermediate business or assets, or liabilities, and implement unified capital management for or have asset business; Dutch management and risk limit control; unified credit management management should be implemented with credit risk or asset business.
It 25 Commercial banks shall establish an internal audit system for the intermediate business to conduct regular or irregular audits on the risk status, financial status, abide by the internal rules and regulations, and the legal situation of the intermediate business.
Article 26 During the supervision and inspection process of the People's Bank of China in the intermediate business of the bank, if one of the following circumstances will find one of the following circumstances, the "Measures for the Punishment of Financial Illegal Acts" and "Senior Managers of Financial Institutions will be qualified for qualification management management management management "Measures" and relevant regulations shall be punished and the circumstances are particularly serious. They will suspend related businesses and cancel the qualifications of senior managers who are responsible for direct leadership responsibilities.
(1) Without the approval of the People's Bank of China or filing, the intermediate business is opened without authorization;
(2) During the business process, it violated national laws and regulations and endangered the interests of the country and the public;
(3) During the business process, avoid the supervision and inspection of the People's Bank of China;
(4) In the process of starting the business, there are improper competition; The regulations and internal control systems, the internal control is chaotic, causing serious risks and loss of actual capital losses;
(6) The People's Bank of China determined that other situations that need to be dealt with.
It 27 During the business operation process, banks have other illegal and illegal acts other than Article 26, or violate other provisions of this interim. Treatment and regulations.
It 28 These regulations shall be explained by the People's Bank of China.
In 199: These regulations shall be implemented from the date of release.