Article 2 The term "commercial banks" as mentioned in these Interim Provisions refers to financial institutions established in accordance with the Law of People's Republic of China (PRC) on Commercial Banks to absorb public deposits, issue loans and handle settlement.
Article 3 The term "intermediary business" as mentioned in these Interim Provisions refers to the business that does not constitute on-balance-sheet assets and on-balance-sheet liabilities of commercial banks, but generates non-interest income of banks.
Article 4 Commercial banks shall be examined and approved by the People's Bank of China, and accept the supervision and inspection by the People's Bank of China.
Article 5 A commercial bank applying for intermediary business shall meet the following conditions:
(a) in line with the objective needs of the development of the financial market;
(two) does not harm the economic interests of customers;
(3) It is conducive to improving the banking service function and improving profitability;
(four) to formulate corresponding business rules and regulations and operating procedures;
(5) Having qualified managers and business personnel;
(6) Having a support system suitable for business development;
(seven) other conditions required by the people's Bank of China.
Article 6 The People's Bank of China shall, according to the risks and complexity of intermediary business of commercial banks, implement the examination and approval system and the filing system respectively.
The businesses subject to the examination and approval system are mainly intermediate businesses that form contingent assets or liabilities, and some intermediate businesses related to securities and insurance businesses; The business that implements the filing system is mainly the intermediate business that does not form contingent assets or contingent liabilities.
Article 7 Intermediary businesses subject to the examination and approval system include:
(1) Acceptance of bills.
(2) Opening a letter of credit;
(3) Guarantee business, including standby letter of credit business;
(4) loan commitment;
(5) Financial derivative business;
(6) Custody of various investment funds;
(7) Registration, subscription, subscription and redemption of various funds;
(8) Acting as an agent for securities business.
(9) Insurance agency business;
(ten) other types of business subject to the examination and approval system as determined by the People's Bank of China.
Article 8 The types of intermediary business subject to filing system include:
(a) all kinds of exchange business;
(2) export collection and import collection;
(3) Acting as an agent to issue, underwrite and honor government bonds;
(four) collection and payment services, including wage payment, social security funds, various public utility charges (such as collecting water and electricity fees, etc.);
(5) Entrusted loan business;
(6) Acting as an agent for loan business of policy banks, foreign governments and international financial institutions;
(7) Acting as an agent for fund settlement;
(8) Acting as an agent for acquiring bank cards of other banks, including acting as an agent for foreign card business;
(nine) various sales agents, including the sale of traveler's checks;
(10) Various witness businesses, including certificates of deposit business;
(eleven) information consulting business, mainly including credit investigation, enterprise credit rating evaluation, asset evaluation business, financial information consulting;
(twelve) enterprise and individual financial consulting business;
(thirteen) enterprise investment and financing consulting business, including financing consultants, international syndicated loan arrangements;
(14) Safe deposit box business;
(fifteen) other business types determined by the People's Bank of China to implement the filing system.
Article 9 The People's Bank of China shall, within 30 working days after accepting the application materials for commercial banks to start intermediary business, issue a formal approval document for the business varieties subject to the examination and approval system. For the business varieties subject to filing system, the supervision department of the People's Bank of China will reply to the applicant bank in the form of filing notice within 15 working days after accepting the application materials.
Article 10 The People's Bank of China may, when examining the application of commercial banks to offer intermediary business, make special restrictions on the applicable objects and scope of commercial banks to offer intermediary business.
Article 11 Commercial banks offering intermediary services other than those listed in Articles 7 and 8 of these Provisions shall report to the People's Bank of China for examination according to the examination and approval system. The People's Bank of China shall, according to its business nature and risk characteristics, decide to implement the examination and approval system or filing system.
Article 12 The intermediate business varieties for which the People's Bank of China has issued the special business management measures, if the corresponding approval or filing system has been stipulated in the Measures, the special business management measures shall be implemented.
Thirteenth wholly state-owned commercial banks and joint-stock commercial banks shall apply to the head office of the People's Bank of China by their head offices, and after being approved by the head office of the People's Bank of China, their branches shall authorize them to conduct business.
Before a branch of a commercial bank starts an intermediary business, it shall report to the local jurisdiction of the People's Bank of China the types and attributes of the business to be started.
Article 14 A city commercial bank shall apply to the branch and business management department of the People's Bank of China by its head office, and after the approval of the branch and business management department of the People's Bank of China, its head office shall authorize its branches to conduct business.
Before a branch of a city commercial bank starts an intermediary business, its head office shall report the types and attributes of its business to the branch under the jurisdiction of the local People's Bank of China.
Article 15 The types of intermediary business carried out by branches of commercial banks shall not exceed the business scope approved by the People's Bank of China.
Article 16 The head office of a commercial bank shall submit the following documents and materials (in triplicate) when applying for the establishment of business varieties under the examination and approval system:
(1) An application for starting business;
(2) Feasibility study report. The report shall at least include the following contents:
1, which defines the business types to be opened;
2. Risk characteristics and preventive measures of the business varieties to be established;
3. Forecast of the cost and income of the business varieties to be started;
4. Managers and business personnel who intend to start business varieties;
5. Establish business variety support system;
6, the development and implementation of business varieties.
(3) Rules and regulations, operating rules and relevant internal control systems of the business varieties to be established;
(4) Other documents and materials required by the People's Bank of China.
Article 17 A commercial bank shall submit the following documents and materials when applying for the establishment of business varieties with filing system:
(1) An application for starting business, which shall state the following contents:
1, which defines the business types to be opened;
2. Forecast of the cost and income of the business varieties to be started;
3. Managers and business personnel who intend to start business varieties;
4. Support system for the proposed business.
(2) Operating rules and relevant internal control systems for the varieties to be applied for;
(3) Other documents and materials required by the People's Bank of China.
Article 18 Commercial banks should strengthen communication and consultation with their peers in conducting intermediary business, and put an end to vicious competition and unfair competition in monopolistic markets.
Article 19 Commercial banks should charge fees according to the unified national standards for intermediary business with unified national charging or pricing standards. The People's Bank of China authorizes the China Banking Association to determine the charging or pricing standards for intermediary businesses for which the state has not formulated uniform charging or pricing standards, and commercial banks shall charge according to the standards determined by the China Banking Association.
Article 20 A commercial bank should improve its internal management mechanism, strengthen its internal control, and ensure the effective management and standardized development of intermediary business.
Article 21 A commercial bank shall formulate an internal authorization system for intermediary business and report it to the People's Bank of China for the record.
The internal authorization system of commercial banks should clarify the authorization authority of branches at all levels of commercial banks for different types of intermediary business, and should clarify the scope of intermediary business that branches at all levels can engage in.
Article 22 Commercial banks should strengthen the control and management of intermediate business risks, and establish and implement effective risk management systems and measures in accordance with relevant laws, regulations and regulatory provisions.
Article 23 A commercial bank should establish an information management system to monitor and report all kinds of intermediary business, reflect the development and risk status of all kinds of intermediary business in a timely, accurate and comprehensive manner, and report the business operation and existing problems to the regulatory authorities in a timely manner.
Twenty-fourth commercial banks should pay attention to the risk control and management of contingent assets or liabilities in intermediate business, and implement unified capital management for contingent assets business; Attention should be paid to the position management and risk limit control of trading business; For contingent asset business with credit risk, unified credit management should be implemented.
Article 25 A commercial bank shall establish an internal audit system for intermediary business, and regularly or irregularly audit the risk status, financial status, compliance with internal rules and regulations, and compliance and legality of intermediary business.
Article 26 When the People's Bank of China conducts supervision and inspection on the intermediary business of banks, it will be punished according to the Measures for Punishment of Financial Violations, the Measures for the Administration of the Qualifications of Senior Managers of Financial Institutions and relevant laws and regulations. If the circumstances are particularly serious, they will be forced to suspend the relevant business and cancel the qualifications of senior managers with direct leadership responsibilities.
(a) without the approval or filing of the People's Bank of China, the intermediary business is opened without authorization;
(two) in the process of starting a business, it violates the laws and regulations of the state and endangers the public interests of the state and society;
(3) evading the supervision and inspection of the People's Bank of China in the process of opening;
(4) There is unfair competition in the opening process;
(five) in the process of business operation, the operating rules and internal control system are not strictly implemented, and the internal control is chaotic, resulting in serious risks and actual significant financial losses;
(six) other circumstances that need to be handled as determined by the People's Bank of China.
Twenty-seventh banks in the course of business operations, there are other illegal acts other than Article 26 of the Interim Provisions, or in violation of other provisions of the Interim Provisions, the People's Bank of China will be dealt with in accordance with relevant laws, regulations and rules.
Article 28 The People's Bank of China shall be responsible for the interpretation of these Provisions.
Article 29 These Provisions shall come into force as of the date of promulgation.