Measures of China Banking Regulatory Commission for the implementation of administrative licensing matters for cooperative financial institutions

Chapter I General Provisions Article 1 In order to standardize the administrative licensing of cooperative financial institutions by China Banking Regulatory Commission (hereinafter referred to as CBRC) and its dispatched offices, clarify the items, conditions, applicable operating procedures and time limit of administrative licensing, and protect the legitimate rights and interests of applicants, according to the Banking Supervision Law of the People's Republic of China, the Administrative Licensing Law of People's Republic of China (PRC) and the Law of People's Republic of China (PRC) Commercial Bank. Article 2 The cooperative financial institutions mentioned in these Measures include: rural credit cooperatives, county (city, district) rural credit cooperatives, county (city, district) rural credit cooperatives, prefecture (city) rural credit cooperatives, provincial (autonomous region, municipality directly under the Central Government) rural credit cooperatives (hereinafter referred to as provincial (city) rural credit cooperatives), rural cooperative banks and rural commercial banks. Article 3 The CBRC and its dispatched offices shall implement administrative licensing for cooperative financial institutions in accordance with these Measures and the Provisions of China Banking Regulatory Commission on Procedures for the Implementation of Administrative Licensing. Article 4 The following matters of a cooperative financial institution shall be subject to administrative licensing by the CBRC and its dispatched offices: establishment, alteration, termination, adjustment of business scope and increase of business varieties, qualifications of directors and senior managers, etc. Article 5 An applicant shall submit the application materials according to the catalogue and format requirements of the application materials for administrative licensing matters of China Banking Regulatory Commission. Chapter II Establishment of a legal person institution Section 1 Establishment of a rural credit cooperative Article 6 To establish a rural credit cooperative, the following conditions shall be met:

(1) Having articles of association that meet the requirements of the CBRC;

(2) Initiating the establishment with at least 500 promoters;

(3) The minimum registered capital is 6,543,800 yuan, and it is paid-in capital;

(4) Having qualified directors and senior managers;

(five) the number of directors and deputy directors is not less than 2;

(six) more than 80% of the employees have more than 1 year financial work experience or have a technical secondary school education in finance and related majors;

(7) Having a sound organizational structure and management system;

(8) Having business premises, safety precautions and other business-related facilities that meet the requirements. Article 7 The establishment of a rural credit cooperative shall also meet the following prudent conditions:

(1) It has a sound risk management system and can effectively control the risks of related party transactions;

(2) Having a scientific and effective human resource management system and high-quality professionals;

(3) It has an effective capital restraint and replenishment mechanism.

(4) There is no financial capital of the local people's government to become a shareholder;

(5) Other prudential conditions stipulated by the CBRC. Article 8 The establishment of a rural credit cooperative shall have qualified promoters, including natural persons, domestic non-financial institutions, domestic financial institutions, overseas financial institutions and other promoters recognized by the CBRC.

The overseas financial institutions mentioned in the preceding paragraph include those in Hongkong, Macau and Taiwan Province. Article 9 As a promoter, a natural person shall meet the following conditions:

(1) Having full capacity for civil conduct;

(2) Having a good social reputation and credit record;

(3) The capital for shareholding is self-owned and the source is legal, and it is not allowed to use borrowed funds or funds entrusted by others;

(4) Being a resident of the place where the rural credit cooperative is to be established or a non-resident who has a fixed residence and has lived there for more than 3 years;

(5) Other prudential conditions stipulated by the CBRC. Article 10 The proportion of individual natural person's investment in shares shall not exceed 2%, and the proportion of employees' total natural person's investment in shares shall not exceed 25%. Article 11 As promoters, domestic non-financial institutions shall meet the following conditions:

(a) registered in the administrative department for Industry and commerce, with legal personality;

(2) Having a good social reputation, good credit record and tax payment record;

(3) It is in good financial condition and has been making profits continuously in the last two fiscal years;

(4) Having strong management ability and financial strength;

(5) After the distribution at the end of the year, the net assets reach more than 30% of the total assets (in terms of consolidated accounting statements);

(6) The balance of equity investment shall not exceed 50% of the net assets of the enterprise in principle (including the amount of this investment and the caliber of consolidated accounting statements);

(seven) the capital for shares is its own capital and the source is legal, and it is not allowed to use borrowed funds or funds entrusted by others to buy shares;

(8) The place of registration is within the jurisdiction of the proposed rural credit cooperative;

(9) Other prudential conditions stipulated by the CBRC. Article 12 The total investment shareholding ratio of a single domestic non-financial institution and its related parties shall not exceed 65,438+00%. Article 13 As promoters, domestic financial institutions shall meet the following conditions:

(1) The bank's capital adequacy ratio is not less than 8%, and the total capital of non-bank financial institutions is not less than10% of the total weighted risk assets;

(2) The balance of equity investment does not exceed 50% of its net assets (including the amount of this investment and the caliber of consolidated accounting statements);

(3) It has been profitable continuously in the last two fiscal years.

(4) Good corporate governance and sound and effective internal control.

(five) the main prudential supervision indicators meet the regulatory requirements;

(6) Other prudential conditions stipulated by the CBRC.

Rural credit cooperatives of provinces (autonomous regions and municipalities), prefectures (cities) and counties (cities and districts) are not allowed to take shares.