[2022] No.4
The Measures for the Administration of Acceptance, Discount and Rediscussion of Commercial Bills have been deliberated and adopted at the 7th executive meeting of the People's Bank of China in 2022 on August 24th, 2022, and signed by the Insurance Regulatory Commission of the Bank of China. It is hereby promulgated and shall come into force as of June 65438+1 October1day.
Yi Gang, Governor of China People's Bank.
Guo Shuqing, Chairman of China Banking Regulatory Commission
2022165438+1October 1 1
Measures for the administration of acceptance, discount and rediscount of commercial bills
Chapter I General Provisions
Article 1 In order to regulate the acceptance, discount and rediscount of commercial bills, these Measures are formulated in accordance with the Commercial Bill Law of People's Republic of China (PRC), the People's Bank of China Law of the People's Republic of China, the Banking Supervision Law of the People's Republic of China and the Commercial Bank Law of People's Republic of China (PRC).
Article 2 The term "commercial bill" as mentioned in these Measures refers to the bill issued by the drawee, which entrusts the drawee to unconditionally pay a certain amount to the payee or holder at sight or on a specified date, including but not limited to paper or electronic bank acceptance bills, finance company acceptance bills, commercial acceptance bills, etc.
Article 3 The issuance, acceptance, discount, endorsement before discount, pledge, guarantee, presentment for payment and recourse of electronic commercial bills shall be conducted through the bill market infrastructure recognized by the People's Bank of China. Supply chain bills belong to electronic commercial bills.
Article 4 Acceptance as mentioned in these Measures refers to the bill behavior in which the payer promises to pay the amount of a commercial bill unconditionally on the maturity date.
Article 5 The term "discount" as mentioned in these Measures refers to the act that the holder of a commercial bill pays certain interest before the maturity date and transfers the bill to an institution with loan business qualifications. The bill held by the holder shall be obtained in accordance with the law and regulations, with real transaction relationship and creditor-debtor relationship, except for the bill obtained free of charge according to law for tax, inheritance, gift and other reasons.
Article 6 The term "rediscount" as mentioned in these Measures refers to the act of the People's Bank of China to discount the discounted and unexpired commercial bills held by financial institutions, which is the monetary policy tool of the central bank.
Article 7 Acceptance, discount and rediscount of commercial bills shall follow the principles of legality, fairness, voluntariness, honesty and self-discipline, and at your own risk.
Chapter II Communication
Article 8 Bank acceptance bills refer to commercial bills accepted by banks and rural credit cooperatives. Banks mainly include policy development banks, commercial banks and rural cooperative banks. The acceptor of a bank acceptance bill shall be established in People's Republic of China (PRC) according to law and hold a financial license issued by the China Banking Regulatory Commission or its dispatched office, and its business scope includes bill acceptance.
Article 9 Acceptance bills of finance companies refer to commercial bills accepted by finance companies of enterprise groups. The acceptor of a financial company's acceptance bill shall be established in People's Republic of China (PRC) according to law and hold a financial license issued by the China Banking Regulatory Commission or its dispatched office, and its business scope includes bill acceptance.
Article 10 Commercial acceptance bills refer to commercial bills accepted by legal persons or unincorporated organizations other than banks, rural credit cooperatives and finance companies. The acceptor of a commercial acceptance bill shall be a legal person and its branches and unincorporated organizations established in People's Republic of China (PRC) according to law.
Eleventh banks, rural credit cooperatives, finance companies to carry out acceptance business, should strictly examine the drawer's real trading relationship, creditor's rights and debts and acceptance risk, the drawer should have good credit. The acceptance amount should match the real transaction relationship, the creditor-debtor relationship and the solvency of the acceptance applicant.
Twelfth banks, rural credit cooperatives and finance companies should strictly manage the collateral they accept. If the collateral is a deposit, a deposit account shall be set up independently, and the deposit shall not be misappropriated or withdrawn in advance at will.
Thirteenth banks, rural credit cooperatives and financial companies to accept bills of exchange should be included in the unified credit management and risk management framework of deposit-taking financial institutions.
Chapter III Discounting and rediscounting
Article 14 The discounters of commercial bills shall be legal persons and their branches established in People's Republic of China (PRC) with loan business qualifications. The holders of commercial bills applying for discount shall be natural persons, legal persons, their branches and unincorporated organizations established in People's Republic of China (PRC) according to law.
Article 15 The holder who applies for discount shall obtain the discounted bill in compliance with the law, and there is a real transaction relationship and creditor-debtor relationship with the drawer or prior party, except that the bill is obtained free of charge according to law due to tax, inheritance, gift and other reasons.
Article 16 When applying for discount, the holder must submit an application for discount, an unexpired commercial bill endorsed by the holder and materials that can reflect the real trading relationship and the relationship between creditor's rights and debts.
Article 17 The holder may inquire about and trade the bill discount through the bill brokerage institution, and the discount matching transaction shall be conducted through the bill market infrastructure recognized by the People's Bank of China.
Article 18 A bill brokerage institution shall be a financial institution with good market reputation and active bill business. A bill brokerage institution shall have an independent bill brokerage department, a perfect internal control management mechanism and a special brokerage channel, and the bill brokerage business shall be strictly separated from the self-operated business. A bill brokerage institution shall have professional employees.
Article 19 The rediscount business shall be handled in accordance with the relevant provisions of the People's Bank of China and the China Banking Regulatory Commission on bill trading.
Article 20 Financial institutions that discount commercial bills may apply for rediscount. The conditions, interest rates, time limit and methods for handling rediscount business shall be implemented in accordance with the relevant provisions of the People's Bank of China.
Chapter IV Risk Control
Article 21 A financial institution shall have a sound bill business management system and internal control system, prudently carry out commercial bill acceptance and discount business, and take effective measures to prevent market risks, credit risks and operational risks.
Article 22 The acceptor and the discounter of a commercial bill shall have good operating and financial conditions, and there has been no overdue bill or failure to disclose information as required in the past two years. The acceptor of a commercial bill should have the ability to pay the accepted bill at maturity.
Article 23 The group legal person to which the acceptor of a financial company belongs shall have good operation and financial status, and there shall be no overdue bill or failure to disclose information in the last two years, no major illegal act in the last two years, and other acts that seriously damage the legitimate rights and interests of market participants or the public interests.
Article 24 The maximum acceptance balance of bank acceptance bills and finance company acceptance bills shall not exceed 65,438+05% of the total assets of the acceptor. The deposit balance of bank acceptance bills and finance company acceptance bills shall not exceed 10% of the acceptor's deposit absorption scale. The People's Bank of China and the China Banking Regulatory Commission may, according to the internal control of financial institutions, set the upper limit of the ratio of acceptance balance to loan balance and other regulatory indicators.
Article 25 The payment period of a commercial bill shall match the performance period of a real transaction, and the longest period from the date of issue to the maturity date shall not exceed 6 months.
Chapter V Information Disclosure
Article 26 The information disclosure of commercial bills shall be carried out in accordance with the relevant provisions of the People's Bank of China, and the principles of timeliness, truthfulness, accuracy and completeness shall be followed.
Twenty-seventh commercial acceptance bill acceptor and finance company acceptance bill acceptor shall disclose the main elements and credit information of the bill in accordance with the provisions of the People's Bank of China. The acceptor of a bank acceptance bill shall disclose the credit information of the acceptor.
Article 28 When discounting a commercial bill, a discounter shall check the disclosure information of the bill in accordance with the provisions of the People's Bank of China. If the information does not exist or the recorded items are inconsistent with the disclosed information, the discount shall not be handled for the holder.
Article 29 When a commercial bill is negotiated by endorsement, the endorsee may inquire about the bill information according to the regulations of the People's Bank of China. If the information does not exist or the recorded items are inconsistent with the disclosed information, effective measures can be taken to identify the authenticity and credit risk of bill information and strengthen risk prevention.
Article 30 Where the acceptor of a commercial bill is a non-listed company and has no credit rating in the bond market, credit rating agencies are encouraged to give the acceptor a credit rating before the commercial bill is circulated, and disclose relevant information in accordance with the relevant provisions of the People's Bank of China.
Article 31 The infrastructure of the bill market shall monitor the information disclosure of the acceptor in accordance with the relevant requirements of the People's Bank of China. If the acceptor has overdue bills or false, omitted or delayed information disclosure, the bill market infrastructure shall take corresponding measures according to the business rules and report to the People's Bank of China.
Chapter VI Supervision and Administration
Article 32 The People's Bank of China shall monitor the acceptance and discount of commercial bills according to law and manage the bill market according to law.
Article 33 The People's Bank of China and the China Banking Regulatory Commission shall, according to their statutory duties, supervise and manage the acceptance, discount, risk control and information disclosure of commercial bills. China People's Bank supervises and manages rediscount.
Article 34 The infrastructure of the bill market and the units that handle the acceptance, discount and rediscount of commercial bills shall submit relevant business data to the People's Bank of China and the China Banking Regulatory Commission in accordance with regulations and regulatory needs.
Chapter VII Legal Liability
Article 35 If the acceptance limit and payment term of bank acceptance bills and finance company acceptance bills exceed the prescribed limit, the People's Bank of China and its branches, China Banking Regulatory Commission and its dispatched offices shall give warning to the acceptor and informed criticism, China Banking Regulatory Commission and its dispatched offices shall impose fines according to law.
Article 36 If the acceptor of a commercial bill fails to disclose information in the past two years, financial institutions shall not handle bill acceptance, discount, guarantee and pledge business for him.
Article 37 Where a financial institution accepts and discounts a commercial bill for a drawer or holder who has no real trading relationship or creditor-debtor relationship (except for bills obtained free of charge according to law due to taxation, inheritance, gift, etc.), the China Banking Regulatory Commission and its dispatched offices shall take regulatory measures such as suspending its bill business or administrative penalties according to different circumstances; Directors, senior managers and other directly responsible personnel who are directly responsible shall be investigated for relevant responsibilities according to law.
Article 38 Where the drawer or holder of a commercial bill defrauds a financial institution to accept or discount, it shall bear corresponding responsibilities according to law; Suspected to constitute a crime, transferred to judicial organs for criminal responsibility according to law.
Article 39 Whoever engages in bill discount without legal permission or in violation of national financial management regulations shall be dealt with in accordance with relevant laws and regulations.
Chapter VIII Supplementary Provisions
Article 40 The People's Bank of China and China Banking Regulatory Commission shall be responsible for the interpretation of these Measures.
Article 41 Article 24 of these Measures shall be implemented as of June 65438 +65438 10 +2024 10.
Article 42 These Measures shall come into force as of June 65438+1October 65438+1October 2023. The Interim Measures for the Administration of Acceptance, Discount and Rediscussion of Commercial Bills (Yinfa [1997] No.216) and the Notice of the People's Bank of China on Strengthening the Administration of Acceptance, Discount and Rediscussion of Commercial Bills (Yinfa [2006 5438+0] No.236) shall be abolished at the same time.
Measures for the administration of acceptance, discount and rediscount of commercial bills
The Measures for the Administration of Acceptance, Discount and Rediscussion of Commercial Bills have been deliberated and adopted at the 7th executive meeting of the People's Bank of China in 2022 on August 24th, 2022, and signed by the Insurance Regulatory Commission of the Bank of China. It is hereby promulgated and shall come into force as of June 65438+1 October1day.