Measures for the Administration of Commercial Banks Establishing Intra-city Business Outlets
Article 1 In order to standardize the management of commercial banks setting up business outlets in the same city, these measures are formulated in accordance with the "Law of the People's Republic of China on Commercial Banks," the "Regulations of the People's Republic of China on the Administration of Foreign-funded Financial Institutions," and other laws and regulations.
The term "commercial banks" mentioned in these measures refers to wholly state-owned commercial banks, joint-stock commercial banks, city commercial banks, branches of foreign banks, wholly foreign-funded banks, and Sino-foreign joint venture banks.
Article 3 The term "intra-city business outlets" mentioned in these measures refers to the for-profit sub-branches (hereinafter referred to as intra-city sub-branches) and self-service banking facilities (hereinafter referred to as self-service banks) established by commercial banks within the same city administrative division within the territory of China that provide financial services below the branch (excluding branches).
Self-service banking refers to the self-service facilities set up by commercial banks outside their business premises to provide financial services such as deposits, loans, withdrawals, transfers, currency exchanges, and inquiries through computers, communications and other technological means. Self-service banking includes self-service banks that have an independent place of business and provide the above-mentioned financial services, and automatic teller machines (ATMs) that do not have an independent place of business and only provide withdrawal, transfer, and inquiry services.
Article 4 The People's Bank of China examines and approves business outlets in the same city in accordance with the following principles:
(1) Rational layout and moderate competition.
(2) Adapt to the development level and operating conditions of the local banking industry.
and (iii) meeting the needs of local communities for banking services.
Article 5 A commercial bank shall meet the following conditions for setting up a sub-branch in the same city:
(1) Institutions that have branches (or institutions that are deemed to be managed by branches) in the local area and have been in business for more than one year, and have good asset quality.
(2) The local branches have strong internal control capabilities, and there are no major violations or violations in the past year, or major cases caused by internal management chaos.
(3) Have qualified senior management personnel and practitioners.
The senior management personnel hired by commercial banks shall meet the qualification requirements stipulated by the People's Bank of China, and each sub-branch in the same city shall have at least two senior management personnel.
(4) Have qualified business premises, safety precautions and other facilities related to business.
(5) Other conditions stipulated by the People's Bank of China.
Article 6 The working capital of the establishment of a sub-branch in the same city shall not be less than 10 million yuan or the equivalent of freely convertible currency.
The working capital for the establishment of intra-city sub-branches shall be allocated by the head office or branch of the commercial bank. If the working capital is allocated by the head office, the amount of the allocation shall be within the capital that can be allocated by the head office, that is, within 60% of the total capital of the head office; If the working capital is allocated by the branch, the cumulative working capital allocated to the sub-branch in the same city shall not exceed 60% of the working capital of the branch.
The cumulative amount of working capital allocated by a branch of a foreign bank to a sub-branch in the same city shall not exceed 60% of the working capital available to the branch. Disposable working capital refers to the funds remaining after deducting 30% of interest-bearing assets.
Article 7 The applicant for the establishment of a sub-branch in the same city may be the head office of a commercial bank or a branch authorized by the head office (hereinafter referred to as the applicant).
Article 8 The business outlets in the same city shall be examined and approved by the branches of the People's Bank of China (Business Management Department) or the central sub-branches of the People's Bank of China authorized by the branches of the People's Bank of China (Business Management Department) (hereinafter referred to as the examination and approval banks of the People's Bank of China).
Article 9 The establishment of a business branch in the same city shall go through two stages: preparation and opening.
Article 10 When applying for the establishment of a sub-branch in the same city, the applicant shall submit the following materials to the examination and approval bank of the People's Bank of China:
(1) The approval document of the head office of the commercial bank.
(2) Preparation application report. The application report shall clearly state the name, location, amount of working capital, business scope, etc. of the commercial bank to be established in the same city.
(3) Feasibility study report. The feasibility study report shall include the basic information of the applicant, the analysis of the market prospect of the proposed institution, the development plan of the future business of the proposed institution, and the organizational and management structure of the proposed institution.
(4) The applicant's financial report for the most recent year.
(5) The list of preparatory personnel and the resume of the main person in charge.
(6) The operation and management of newly established institutions in the most recent year.
(7) Other documents and materials required to be submitted by the People's Bank of China.
Article 11 The examination and approval bank of the People's Bank of China shall reply to the applicant in writing within three months from the date of receipt of the complete materials for the preparation of the application. If the application is not approved, the applicant shall not submit the same application again within six months from the date of receipt of the reply from the People's Bank of China examination and approval bank.
A commercial bank can only apply for the establishment of one sub-branch in the same city at a time. After the application is approved for disapproval or approval for commencement of business, the applicant may apply for the establishment of another sub-branch in the same city.
Article 13 After the application for the establishment of the sub-branch in the same city is approved, the applicant can carry out the preparation, and the preparation period is six months. If the preparation is not completed after the expiration of the preparation period, the original preparation approval will automatically become invalid. Under special circumstances, with the approval of the People's Bank of China examination and approval bank, the preparation period may be appropriately extended, but the preparation period shall not exceed nine months.
Sub-branches in the same city shall not engage in financial business activities during the preparatory period. During the preparation period, if the applicant changes the person in charge of the preparation of the sub-branch in the same city, it shall report to the People's Bank of China for examination and approval in a timely manner.
Article 14 After completing the preparations, the applicant shall submit an application for opening a business to the examination and approval bank of the People's Bank of China and submit the following documents and materials:
(1) Application for opening a business.
(2) The capital verification certificate issued by the statutory capital verification agency.
(3) Relevant background information and a list of employees of the proposed senior management personnel.
(4) Copies of the ownership certificate or right of use certificate of the business premises, the certificate of conformity of safety and fire protection facilities and related certificates.
(5) Other materials required to be submitted by the People's Bank of China.
Article 15 The People's Bank of China's examination and approval bank shall, within 30 days, notify the applicant in writing whether or not to approve the opening of a branch in the same city after receiving complete materials for the application for opening a sub-branch in the same city and examining and accepting the preparatory matters.
Article 16 Where a sub-branch in the same city has been approved to open for business, the applicant shall, within 60 days from the date of approval, go to the examination and approval bank of the People's Bank of China to obtain the "Financial Institution Business License" with the approval documents, and register with the administrative department for industry and commerce with the permit to obtain a business license.
If the Financial Institution Business License is not obtained within the time limit, the original business approval will automatically become invalid.
Article 17 A sub-branch in the same city shall open for business within 90 days from the date of obtaining the "Business License for Financial Institutions." If the business fails to open within the time limit, the original approval for opening the business will automatically become invalid, and the People's Bank of China will withdraw the "Financial Institution Business License". Under special circumstances, with the approval of the People's Bank of China, the opening of the business may be appropriately postponed, but the extension shall not exceed 45 days.
Article 18 A sub-branch in the same city that has been approved for opening shall make an announcement in a newspaper designated by the People's Bank of China.
Article 19 The business scope of a sub-branch in the same city shall be authorized by the commercial bank within the business scope approved by the People's Bank of China for the operation of the bank, but it shall not exceed the business scope of the bank at the next higher level.
Article 20 : Commercial banks shall apply to the People's Bank of China examination and approval bank for the establishment of self-service banks with independent business premises.
Commercial banks can only apply for the establishment of three self-service banks in a city at a time. After the application has been approved for disapproval or approval for the commencement of business, the applicant may apply for the establishment of another self-service bank.
Article 21 A commercial bank applying for the establishment of a self-service bank shall submit the following documents or materials to the examination and approval bank of the People's Bank of China:
(1) Approval documents of the head office of the commercial bank;
(2) The type of aircraft to be installed, the quantity and the type of services to be provided;
(iii) Market analysis of the proposed location, including target market, service demand, competitive situation, etc.;
(4) Institutions or personnel who intend to be responsible for the day-to-day management of self-service banking;
(5) Safety monitoring plan and maintenance measures;
(6) Other information.
Article 22 The examination and approval banks of the People's Bank of China shall examine and approve self-service banks in accordance with the examination and approval conditions and procedures of sub-branches in the same city in accordance with these Measures, except for the following matters.
(1) Working capital.
(2) Senior managers and employees of financial institutions.
(3) Announcements.
When a commercial bank sets up an automated teller machine (ATM) that only provides withdrawal, transfer, and inquiry services, it shall file the record with the People's Bank of China examination and approval bank and submit the relevant documents or materials stipulated in Article 21.
If the People's Bank of China approving bank has no objection within 15 working days from the date of receipt of the above information, the applicant may set up an ATM.
Article 24 The names of the sub-branches of commercial banks in the same city shall be uniformly named "bank name" + "city name" + "branch name" + "sub-branch"; The name of self-service banking of commercial banks is uniformly preceded by "bank name" + "24-hour self-service banking service".
Article 25 Matters not covered by these Measures shall be implemented in accordance with relevant state laws and regulations and relevant provisions of the People's Bank of China.
The People's Bank of China is responsible for the interpretation of these Measures.
Shanxi Taiyuan Chang Lawyer Key words:
Legal Advice, Professional Lawyer, Writing Complaints, Lawyer Consultation, Loan Disputes, Criminal Defense, Criminal Interviews, Release on Bail, Case Entrustment, Housing Leasing, Private Lending, Tort Disputes, Damages, Creditor's Rights and Debts, Legal Knowledge, Legal Knowledge, Legal Risks, Traffic Accidents, Contract Invalidation, Contract Termination, Third Party Revocation, Right of Revocation, Enforcement Objection, Enforcement, Judgment Debtor, Blacklist, Dishonest Person, Restricted Consumption, Equity Transfer, Company Business, Articles of Association, Partnership Disputes, Legal Counsel, Inheritance, Real Estate Inheritance, Testamentary Succession, Property Agreement, Joint Property, Property Division, Contract Law, Marriage Law, Divorce Disputes Divorce Agreement Divorce Case Litigation Representation Civil Dispute Hiring a Lawyer Contract Dispute Contract Review Contract Formation ......