银行业金融机构进入全国银行间同业拆借市场审核规则 announcement of the peoples bank of china.docx

1、银行业金融机构进入全国银行间同业拆借市场审核规则 announcement of the peoples bank of china 银行业金融机构进入全国银行间同业拆借市场审核规则 Announcement of the Peoples Bank of China The Rules for Approving the Access of Banking Financial Institutions to the Nationwide Inter-Bank Borrowing Market， which have been formulated by the Peoples Bank of

2、China pursuant to the Law of the Peoples Republic of China on the Peoples Bank of China， the Administrative Licensing Law of the Peoples Republic of China and the Measures of the Peoples Bank of China for the Implementation of Administrative Licensing， are promulgated hereby for implementation. Wher

3、e any banking financial institution engages in inter-bank borrowing business without being approved for access to the nationwide inter-bank borrowing market， the case shall be reported to the local branch or business management department or the central sub-branch in the provincial capital of the Pe

4、oples Bank of China for archival purposes. And the specific measures shall be formulated separately by the local branch， business management department or the central sub-branch in provincial capital of the Peoples Bank of China. Rules for Approving the Access of Banking Financial Institutions to th

5、e Nationwide Inter-Bank Borrowing Market Article 1 With the view of regulating the procedures for examination and approval of the applications by the banking financial institutions for access to the nationwide inter-bank borrowing market （hereinafter referred to as the “inter-bank borrowing market），

6、 the present Rules are formulated pursuant to the Administrative Licensing Law of the Peoples Republic of China， the Law of the peoples Republic of China on the Peoples Bank of China and the Law of the Peoples Republic of China on Commercial Banks. Article 2 The term “banking financial institutions”

7、 mentioned in the present Rules shall refer to deposit-taking financial institutions， such as commercial banks， urban credit cooperatives and rural credit cooperatives， and policy banks， which are established within the territory of the Peoples Republic of China. Article 3 To apply for access to the

8、 inter-bank borrowing market， a banking financial institution established with the approval of the banking regulatory institution under the State Council shall meet the following requirements： （1） having a perfect organization structure and a perfect management system； （2） having no records of punis

9、hment imposed by the Peoples Bank of China， the banking regulatory institution under the State Council or other competent departments due to its illegal or irregular operation in the past two years； （3） no cases of insolvency in the past two years； and （4） other requirements as may be provided for b

10、y the Peoples Bank of China. To apply for access to the inter-bank borrowing market， a foreign-funded commercial bank must， in addition to the requirements provided for in the preceding paragraph， obtain the approval of the banking regulatory institution under the State Council for undertaking RMB b

11、usiness； an urban credit cooperative applying for access to the inter-bank borrowing market must complete its restructuring； in the case of a rural credit cooperative， the application for access to the inter-bank borrowing market must be made by a county-level cooperative； a policy bank applying for

12、 access to the inter-bank borrowing market must have issued bonds in the inter-bank bond market in the manner of marketization. If a state-owned commercial bank or a joint-stock commercial bank wishes to authorize any of its first-level branches to enter the inter-bank borrowing market， its headquar

13、ters must be a member of the inter-bank borrowing market. Article 4 The application of a state-owned commercial bank or a joint-stock commercial bank for access to the inter-bank borrowing market shall be submitted to the headquarter of the Peoples Bank of Chi na for approval. Article 5 To apply for

14、 access to the inter-bank borrowing market， a state-owned commercial bank or a joint-stock commercial bank shall submit the following materials to the headquarter of the Peoples Bank of China： （1） an application for access to the inter-bank borrowing market； （2） a photocopy of the Financial License；

15、 （3） a photocopy of the Business License； （4） the articles of association； （5） the internal control system for capital management； （6） the balance sheets and profit and loss statements for the past two years； （7） particulars on the department and personnel who take charge of the capital operation； a

16、nd （8） other materials as may be required by the Peoples Bank of China. Article 6 To authorize any of its first-level branches to enter the inter-bank borrowing market， a state-owned commercial bank or a joint-stock commercial bank must submit the following materials to the headquarter of the People

17、s Bank of the China： （1） an application for authorizing such first-level branch to enter the inter-bank borrowing market； （2） an authorization letter on the access to inter-bank borrowing market and the authorized inter-bank borrowing limit given to such first-level branch； （3） the income and expens

18、es form of credit funds of the first-level branch； （4） the internal control system for capital management of the first-level branch； （5） particulars on the department and personnel who take charge of the capital operation of the first-level branch； and （6） other materials as may be required by the P

19、eoples Bank of China. Article 7 To apply for access to the inter-bank borrowing market， an urban commercial bank shall submit an application to the local office of the Peoples Bank of China， which shall make preliminary examination and then submit the application level by level to the headquarter of

20、 the Peoples Bank of China for approval. Article 8 To apply for access to the inter-bank borrowing market， an urban commercial bank shall submit the following materials to the local office of the Peoples Bank of China： （1） an application for access to the inter-bank borrowing market； （2） a photocopy

21、 of the Financial License； （3） a photocopy of the Business License； （4） the articles of association； （5） the internal control system for capital management； （6） the balance sheets and profit and loss statements for the past two years； （7） particulars on the department and personnel who take charge o

22、f the capital operation； and （8） other materials as may be required by the Peoples Bank of China. Article 9 The urban commercial bank， which was approved by the Peoples Bank of China to engage in inter-bank borrowing business， shall carry out its business in the name of the bank as a corporation wit

23、h no branches being allowed to engage in inter-bank borrowing business. Article 10 When applying for access to the inter-bank borrowing market， the headquarter of a foreign-funded commercial bank with the corporation institute established within China or a foreign-funded commercial bank branch with

24、the corporation institution established outside China shall submit an application therefore to the local office of the Peoples Bank of China， which shall make preliminary examination and then submit the application level by level to the headquarter of the Peoples Bank of China for approval. Article

25、11 To apply for access to the inter-bank borrowing market， a foreign-funded commercial bank shall submit the following materials to the local office of the Peoples Bank of China： （1） an application for access to the inter-bank borrowing market； （2） a photocopy of the Financial License； （3） a photoco

26、py of the Business License； 法律英语银行业金融机构进入全国银行间同业拆借市场审核规则 Announcement of the Peoples Bank of Chinatrol system for capital management； （6） the balance sheets and profit and loss statements for the past two years； （7） particulars on the department and personnel who take charge of the capital operation

27、； and （8） other materials as may be required by the local office by the Peoples Bank of China. Article 15 The application of a policy bank for access to the inter-bank borrowing market shall be submitted to the headquarter of the Peoples Bank of China for approval. Article 16 To apply for access to

28、the inter-bank borrowing market， a policy bank shall submit the following materials to the headquarter of the Peoples Bank of China： （1） an application for access to the inter-bank borrowing market； （2） a photocopy of the Financial License； （3） a photocopy of the Business License； （4） the annual bon

29、d issue plan as approved by the Peoples Bank of China； （5） the internal control system for capital management； （6） the balance sheets and profit and loss statements for the past two years； （7） particulars on the department and personnel who take charge of the capital operation； and （8） other materia

30、ls as may be required by the Peoples Bank of China. Article 17 Every policy bank approved by the Peoples Bank of China to engage in inter-bank borrowing business shall carry out its business in the name of the bank as a corporation， with no branches being allowed to engage in inter-bank borrowing bu

31、siness. Article 18 As for the time limit for the examination and approval by the Peoples Bank of China and its offices or branches of applications by banking financial institution for access to the inter-bank borrowing market， Articles 28 and 29 of the Measures of the Peoples Bank of China for the I

32、mplementation of Administrative Licensing shall apply. Article 19 Any banking financial institution， which has obtained the approval for access to the inter-bank borrowing market， shall make necessary disclosure of the information to the market truly， accurately and completely. Article 20 Any banking financial institution may， of its own accord， apply to the Peoples Bank of China for exiting the inter-bank borrowing market. Article 21 Where any banking financial institution， which has entered the inter-bank borrowin