(1) A foreign-funded bank headquartered in China (hereinafter referred to as a foreign-funded bank);
(2) branches of foreign banks in China (hereinafter referred to as foreign bank branches);
(3) Banks with joint ventures between foreign financial institutions and financial institutions in China (hereinafter referred to as joint venture banks);
(4) Foreign-funded financial companies headquartered in China (hereinafter referred to as foreign-funded financial companies);
(5) Financial companies jointly operated by foreign financial institutions and financial institutions in China (hereinafter referred to as joint venture financial companies).
The areas where foreign-funded financial institutions are established shall be determined by the State Council. Article 3 Foreign-funded financial institutions must abide by the laws and regulations of People's Republic of China (PRC) and may not harm the social interests of People's Republic of China (PRC).
The legitimate business activities and legitimate rights and interests of foreign-funded financial institutions are protected by the laws of People's Republic of China (PRC). Article 4 The People's Bank of China is the competent authority for the management and supervision of foreign-funded financial institutions; Branches of the People's Bank of China in the region where foreign-funded financial institutions are located shall conduct daily management and supervision of foreign-funded financial institutions in this region. Chapter II Establishment and Registration Article 5 The minimum registered capital of a foreign-funded bank or a joint venture bank shall be 300 million yuan equivalent to a freely convertible currency; The minimum registered capital of a foreign-funded financial company or a joint venture financial company is 200 million yuan equivalent to a freely convertible currency; The paid-in capital shall not be less than 50% of the registered capital.
A branch of a foreign bank shall be allocated by its head office free of charge the working capital in a freely convertible currency equivalent to not less than 1 billion yuan. Article 6 To establish a foreign-funded bank or a foreign-funded financial company, an applicant shall meet the following conditions:
(1) The applicant is a financial institution;
(2) The applicant has established a representative office in China for more than 2 years;
(3) The total assets of the applicant before 1 at the end of the year are not less than1000 million USD;
(4) The country or region where the applicant is located has a sound financial supervision and management system. Article 7 To establish a branch of a foreign bank, an applicant shall meet the following conditions:
(1) The applicant has established a representative office in China for more than 2 years;
(2) The total assets before the application for establishment 1 at the end of the year shall not be less than USD 20 billion;
(3) The country or region where the applicant is located has a sound financial supervision and management system. Article 8 To establish a joint venture bank or joint venture financial company, the applicant shall meet the following conditions:
(1) All parties to the joint venture are financial institutions;
(2) The foreign party has established a representative office in China;
(3) The total assets of the foreign joint venture before the application for establishment 1 at the end of the year shall not be less than 10 billion USD;
(4) The country or region where the foreign party is located has a sound financial supervision and management system. Article 9 To establish a foreign-funded bank or a foreign-funded financial company, the applicant shall submit a written application to the People's Bank of China and submit the following materials:
(1) An application for the establishment of a foreign-funded bank or foreign-funded financial company, including the name of the foreign-funded bank or foreign-funded financial company to be established, the registered capital and paid-in capital, the business type to be applied for, etc.
(2) Feasibility study report;
Articles of association of the proposed foreign-funded bank or foreign-funded financial company;
(4) The business license (photocopy) issued by the relevant competent authority of the country or region where the applicant is located;
(5) Annual reports of the applicant for the last three years;
(6) Other materials required by the People's Bank of China. Article 10 To establish a branch of a foreign bank, the head office of the foreign bank shall submit a written application to the People's Bank of China and submit the following materials:
(1) An application signed by the legal representative, including: the name of the branch of the foreign bank to be established, the amount of working capital allocated by the head office free of charge, the type of business applied for, etc. ;
(2) The business license (photocopy) issued by the relevant competent authority of the country or region where the applicant is located;
(3) Annual reports of the applicant for the last three years;
(4) Other materials required by the People's Bank of China. Article 11 To establish a joint venture bank or joint venture financial company, all parties to the joint venture shall submit a written application to the People's Bank of China and submit the following materials:
(1) An application for the establishment of a joint venture bank or joint venture financial company, including the name of the joint venture bank or joint venture financial company to be established, the names of the parties to the joint venture, the registered capital and paid-in capital, the contribution ratio of the parties to the joint venture, the types of business to be applied for, etc. ;
(2) Feasibility study report;
(3) the joint venture contract and articles of association of the joint venture bank or joint venture financial company to be established;
(4) The business license (photocopy) issued by the relevant competent authority of the country or region where the applicant is located to all parties to the joint venture;
(5) Annual reports of the parties to the joint venture in the last three years;
(6) Other materials required by the People's Bank of China.