Regulations on the Administration of Financial Institutions with Foreign Investment (Chinese and English Text)
Major Law
Additional Laws and Regulations
Short Summary
The following translation was retrieved from the Ministry of Commerce's Invest in China Web site on July 10, 2006. The Chinese text was retrieved from the Ministry of Commerce's Invest in China Web site on July 10, 2006.
Regulations of the People's Republic of China on the Administration of Financial Institutions with Foreign Investment Order [2001] No.340 of the State Council The Regulations of the People's Republic of China on the Administration of Financial Institutions with Foreign Investment has been adopted at the 50th Executive Meeting of the State Council on December 12, 2001 and is hereby promulgated, and shall come into force on February 1, 2002. Premier of the State Council: Zhu Rongji December 12, 2001 Regulations of the People's Republic of China on the Administration of Foreign-Funded Financial Institutions Chapter 1 General Provisions Article 1 These Regulations have been formulated with a view to strengthening and perfecting the administration of financial institutions with foreign investment in China and promoting the steady operation of the banking industry to meet the demands arising from the work of opening to the outside world and economic development. Article 2 The term "financial institutions with foreign investment" mentioned in the regulations is referred to the following institutions which have been approved to be established to operate within the territory of China according to the relevant laws and regulations of the People's Republic of China. 1. Foreign banks whose headquarters are within the territory of China (hereinafter referred to as solely foreign-funded banks); 2. Branches of foreign banks within the territory of China (hereinafter referred to as branches of foreign banks); 3. Joint venture banks within the territory of China established jointly by foreign financial institutions and Chinese companies and enterprises (hereinafter referred to as joint venture banks); 4. Foreign financial companies whose headquarters are within the territory of China (hereinafter referred to as solely financial companies with foreign investment); 5. Joint venture financial companies established jointly by foreign financial institutions and Chinese companies and enterprises (hereinafter referred to as joint venture financial companies). Article 3 Financial institutions with foreign investment shall abide by the laws and regulations of the People's Republic of China and shall not do harm to the social and public interests of the People's Republic of China. The normal operations and legitimate rights and interests of financial institutions with foreign investment shall be protected by the laws of the People's Republic of China. Article 4 The People's Bank of China is the organization that is in charge of the administration and supervision of financial institutions with foreign investment; the branches of the People's Bank of China shall undertake the routine administration and supervision of the financial institutions with foreign investment in their respective areas. Chapter 2 Establishment and Registration Article 5 The minimum limit of registered capital for solely foreign-funded banks and joint venture banks shall be convertible foreign currencies on a par with RMB300 million; the minimum limit of registered capital for solely financial companies with foreign investment and joint venture financial companies shall be convertible foreign currencies on a par with RMB200 million. The registered capital shall be the paid-in capital. The working capital of branches of foreign banks provided by their head offices shall be no 1/7 less than convertible foreign currencies on a par with RMB100 million. The People's Bank of China may, according to the needs of the business scope of financial institutions with foreign investment and the prudent supervision, raise the minimum limit of registered capital or working capital thereof, and prescribe the proportion of Renmingbi thereof. Article 6 In applying for the establishment of a solely foreign-funded bank or a solely foreign-funded financial company, the applicant must be qualified as: 1. a financial institution; 2. having a representative office in China for at least two years; 3. having a total assets of no less than US$10 billion at the end of the year before the application is filed; 4. having a complete financial supervision and control system in the country or region where it is located, and to have been effectively supervised and controlled by the relevant competent authorities of the country or region where it is located; 5. having obtained approval for its application from the relevant competent authorities of the country or region where it is located; 6. having other prudent conditions prescribed by the People's Bank of China. Article 7 In applying for establishing a foreign bank branch, the applicant must be qualified as: 1. having a representative office in China for at least two years; 2. having a total assets of no less than US$20 billion at the end of the year before the application is filed, and a rate of capital sufficiency of not lower than 8%; 3. having a complete financial supervision and control system in the country or region where it is located, and to have been effectively supervised and controlled by the relevant competent authorities of the country or region where it is located; 4. having obtained approval for its application from the relevant competent authorities of the country or region where it is located; 5. having other prudent conditions prescribed by the People's Bank of China. Article 8 To apply for establishing a joint venture bank or a joint venture financial company, the applicant must meet the following conditions: 1. The foreign party must be a financial institution; 2. The foreign party has set up a representative office in China; 3. The total assets of the foreign party shall not be less than US$10 billion at the end of the year before the application is filed; 4. There is a complete financial supervision and control system in the country or region where the foreign party is located, and the foreign party has been effectively supervised and controlled by the relevant competent authorities of the country or region where it is located; 5. The foreign party has obtained approval for its application from the relevant competent authorities of the country or region where it is located; 6. Other prudent conditions prescribed by the People's Bank of China. Article 9 In applying for establishing a solely foreign-funded bank or solely financial company with foreign investment in China, the applicant shall file an application in written form with the People's Bank of China and submit the following materials: 1. An application form for establishing a solely foreign-funded bank or a solely financial company with foreign investment with the name, registered capital and line of business of the bank or financial company to be established; 2. A feasibility study report; 3. The articles of association of the bank or financial company to be established; 4. The business license (copy) and the letter of opinions on the application issued by the relevant competent authority of the country or region where the applicant institution is located; 5. The annual financial statements of the last 3 years of the applicant institution; 6. Other materials as required by the People's Bank of China. Article 10 In applying for establishing a foreign bank branch in China, the head office of the foreign bank shall file an application in written form with the People's Bank of China and submit the following materials: 1. An application form signed by the legal representative with the name of the branch to be established, the amount of working capital appropriated by its head office and the line of business to 2/7 be handled. 2. A feasibility study report; 3. The business license (copy) and the letter of opinions on the application issued by the relevant competent authority of the country or region where the applicant institution is located; 4. The annual financial statements of last 3 years of the applicant institution;and 5. Other materials as required by the People's Bank of China. Article 11 In applying for establishing a joint venture bank or joint venture financial company in China, the parties to the joint venture shall jointly file and application in written form with the People's Bank of China and submit the following materials: 1. An application form for establishing the joint venture bank or joint venture financial company with the name of the new company, the names of joint venture parties, the amount of registered capital, the ratio of investment of each joint venture party and the line of business to be applied for; 2. A feasibility study report; 3. The joint venture contract and articles of association of the joint venture bank or joint venture financial company to be set up; 4. The business licenses (copy) and the letter of opinions on the application issued by the relevant competent authority of the country or region where the foreign parties are located; 5. The annual financial statements of the last 3 years of the foreign party; 6. The relevant materials of the Chinese party; and 7. Other materials as required by the People's Bank of China. Article 12 The materials indicated in Articles 9, 10 and 11, except the annual financial statements, shall have a Chinese translation attached if they are written in a foreign language. Article 13 The People's Bank of China shall make an initial examination of the application for the establishment of financial institution with foreign investment, and shall make a decision on whether to accept it or not within 6 months from the day of receiving the complete application documents. Where the application is accepted, an official application form shall be issued to the applicant; where the application is rejected, the applicant shall be notified in written form to explain the reasons. Under special circumstances that the People's Bank of China can't finish the initial examination and make the decision on whether to accept the application or not within the period prescribed in the preceding paragraph, the period may be extended appropriately, and the applicant shall be informed; however, the extended period shall not exceed 3 months. Article 14 An applicant shall finish the preparations within 6 months from the day of receiving the official application form; where the preparations can't be finished within the prescribed period due to good reasons, the period may be extended for 3 months upon the approval of the People's Bank of China. Where the preparation work can't be finished within the extended period, the decision made by the People's Bank of China on accepting the application shall be invalidated automatically. After the preparation work is finished, the applicant shall fill in the formal application form and submit it to the People's Bank of China for examination and approval, together with the following documents: 1. A name list of the principals of the foreign financial institution to be established and their resumes; 2. Letters of authorization for the principals of the foreign capital financial institution to be established; 3. Certification on verification of capital issued by a statutory capital verification agency; 4. Safety measures and materials of other facilities related to business; 5. Tax and liability guarantee of the head office for its branch bank as in the case of applying for a foreign branch bank; and 6. Other documents as required by the People's Bank of China. Article 15 The People's Bank of China shall make the decision on whether to approve the application or not within 2 months from the day of receiving the complete official application documents for the establishment of a financial institution with foreign investment. Where the application is approved, the financial transaction license shall be issued; where the application is not approved, the applicant shall be notified in written form to explain the reasons. Article 16 Where a financial institution with foreign investment is established upon approval, the applicant shall make the registration with and draw the business license from the administration for 3/7 industry and commerce based on the financial transaction license. Chapter 3 Business Scope Article 17 Solely foreign-funded banks, foreign bank branches and joint venture banks in China may handle part or all of the following businesses within the scope approved by the People's Bank of China: 1. Drawing public deposits; 2. Granting loans of short term, mid term and long term; 3. Handling the acceptance and discount of bills; 4. Trading government bonds and financial bonds, and trading other valuable foreign currency securities other than stocks; 5. Providing letters of credit and guarantees; 6. Handling domestic and foreign settlements; 7. Trading and trading as an agent foreign exchange; 8. Conducting conversion of foreign currencies; 9. Conducting interbank borrowings; 10. Running business of bank cards; 11. Providing safe-keeping services; 12. Providing services of credit rating and consulting; 13. Other businesses approved by the People's Bank of China. Article 18 Solely financial companies with foreign investment, joint venture financial companies may handle some or all of the following businesses within the scope approved by the People's Bank's of China: 1. Drawing deposit with each account no less than 1 million Renmingbi or equivalent convertible currency and with a term of no less than 3 months; 2. Granting short-term, mid-term and long-term loans; 3. Handling the acceptance and discount of bills; 4. Trading government bonds and financial bonds, and trading other valuable foreign currency bonds other than stocks; 5. Providing guarantees; 6. Trading and trading as an agent foreign exchange; 7. Conduction interbank borrowings; 8. Providing services of credit rating and consulting; 9. Providing services of foreign exchange trust; 10. Other businesses approved by the People's Bank of China. Article 19 The scope of areas where financial institutions with foreign investment may run Renmingbi business and the range of their clients shall be ratified by the People's Bank of China according to the relevant provisions. Article 20 To engage in the Renmingbi business, a financial institution with foreign investment shall meet the following conditions: 1. having practiced within the territory of China for not less than 3 years before filing the application; 2. having made profits for 2 successive years before filing the application; 3. other prudent conditions prescribed by the People's Bank of China. Article 21 Where a financial institution with foreign investment wishes to run a new line of business within the business scope approved by the People's Bank, it shall file an application in written form with the People's Bank of China before start the business. The People's Bank of China shall make a decision on whether to approve the application or not within 60 days from the day of receiving the written application. Where the People's Bank of China decides not to approve the application, it shall notify the applicant in written form and explain the reasons. Chapter 4 Supervision and Administration 4/7 Article 22 The interest rates for deposits and loans and commission fees shall be determined by foreign financial institutions according to the relevant regulations promulgated by the People's Bank of China. Article 23 In handling deposits, a foreign financial institution shall lodge reserve against deposits in a branch of the People's Bank of China in the locality, with the ratio to be determined by the People's Bank of China and adjusted according to needs. Article 24 Thirty percent of the working capital of a foreign bank branch shall be in the form of interest-earning assets designated by the People's Bank of China, including the bank deposits designated by the People's Bank of China. Article 25 The rate of capital sufficiency of a solely foreign-funded bank, a joint venture bank, a solely financial company with foreign investment or a joint venture financial company shall not be less than 8%. Article 26 The balance of credits granted to an enterprise and its associates by a solely foreignfunded foreign bank, a joint venture bank, a solely financial company with foreign investment or a joint venture financial company shall not exceed 25 percent of the sum of its capital, except where approval has been obtained from the People's Bank of China. Article 27 The fixed assets of a solely foreign-funded foreign bank, a joint venture bank, a solely financial company with foreign investment or a joint venture financial company shall not exceed 40% of the sum of interests of its owners. Article 28 The proportion of Renmingbi in the assets of a solely foreign-funded foreign bank, a joint venture bank, a solely financial company with foreign investment or a joint venture financial company and the proportion of Renmingbi in its risk assets shall not be less than 8%. The proportion of Renmingbi in the totality of working capital and reserve of a foreign bank branch and the proportion of Renmingbi in its risk assets shall not be less than 8%. The People's Bank of China shall adjust the proportions prescribed in the preceding two paragraphs according to the relevant provisions gradually. Article 29 A foreign financial institution shall ensure the fluidity of its assets. The ratio of the balance of liquid assets and the balance of liquid debts shall not be less than 25%. Article 30 The total amount of deposits from within the territory of China in a foreign financial institution shall not exceed 70% of the total foreign exchange assets of the institution concerned. The People's Republic of China shall adjust the proportion prescribed in the preceding paragraph gradually according to the relevant provisions. Article 31 A foreign financial institution shall draw reserves against bad debts according to the provisions. Article 32 A foreign financial institution shall employ registered Chinese accountants with the approval of the branch of the People's Bank of China in the locality. Article 33 A foreign financial institution shall go through the registration procedures with the administration for industry and commerce according to law if it has the following cases with the approval of the People's Bank of China; 1. Establishing a branch office; 2. Adjusting and transferring its registered capital, adding or reducing the working capital; 3. Altering the name or business office of the institution; 4. Adjusting the business scope; 5. Changing the shareholders that hold not less than 10% of the total amount of capital or stock shares; 6. Amending the articles of association; 7. Replacing senior managerial personnel; 8. Other cases prescribed by the People's Bank of China. Article 34 A foreign financial institution shall submit the financial statements and related materials to the head office of the People's Bank of China and its branches according to the provisions. Article 35 The People's Bank of China and its branch offices have the right to check and verify at any time the deposits, loans, settlements, bad debts and other data of foreign financial institutions, have the right to request the financial institutions with foreign investment to submit the relevant documents, materials and written reports within the prescribed period, and have the right to deal 5/7 with and punish the violations of laws and rules committed by financial institutions with foreign investment. Article 36 The People's Bank of China and its branch offices have the right to request the financial institutions with foreign investment to formulate operation rules, establish and perfect systems of operation management, cash management and safeguarding according to the provisions. Article 37 The financial institutions with foreign investment shall subject themselves to the supervision and check conducted by the People's Bank of China and its branch offices according to law, submit the relevant documents, materials and written reports according to the facts, and shall not refuse, hinder or conceal. Chapter 5 Dissolution and Liquidation Article 38 If a foreign financial institution terminates its operations, it shall file a written application to the People's Bank of China 30 days in advance of the date of termination and shall dissolve and carry out liquidation after getting the approval of the People's Bank of China. Article 39 If a foreign financial institution has become insolvent, the People's Bank of China shall order it to stop operation and take stock within a prescribed limit of time. If it has restored its solvency during the period of stock taking and needs to restore operation, it shall file an application with the People's Bank of China. If it has failed to restore its solvency after the prescribed time limit expires, it shall carry out liquidation. Article 40 If a foreign financial institution has terminated its operations due to dissolution, cancellation according to law or bankruptcy, the specific matters concerning liquidation shall be handled according to the relevant Chinese laws and regulations. Article 41 After the termination of liquidation, a foreign financial institution shall go through the cancellation registration procedures with the original register organization within the time limit prescribed by law. Chapter 6 Legal Liability Article 42 If a foreign financial institution is established or anyone illegally conducts financial businesses without approval of the People's Bank of China, the People's Bank of China shall ban its operation; criminal responsibilities shall be investigated for according to the provisions of the Criminal Law on the crime of unauthorized establishment of financial institution, the crime of illegally drawing public deposits or other crimes; if the case is not serious enough to be subject to criminal punishment, the People's Bank of China shall confiscate the illegal gains and shall impose a fine of not less than 1 time but not more than 5 times the illegal gains; if there is no illegal gains or the illegal gains is less than 100,000 Yuan, a fine of not less than 100,000 Yuan but not more than 500,000 Yuan shall be imposed. Article 43 If a financial institution with foreign investment conducts financial businesses beyond the business scope, the scope of business areas or the scope of clients approved by the People's Bank of China, criminal responsibilities shall be investigated for according to the provisions of the Criminal Law on the crime of illegal business operations or other crimes; if the case is not serious enough to be subject to criminal punishment, the People's Bank of China shall give a warning, confiscate the illegal gains and impose a fine of not less than 1 time but not more than 5 times of the illegal gains; if there is no illegal gains or the illegal gains is less than 100,000 Yuan, a fine of not less than 100,000 Yuan but not more than 500,000 Yuan shall be imposed. Article 44 If a financial institution with foreign investment, within the business scope approved by the People's Bank of China, opens any new line of business without approval, the People's Bank of China shall order it to stop the operations of the new line of business without approval, confiscate the illegal gains and impose a fine of not less than 1 time but not more than 3 times of the illegal gains; if there is no illegal gains or the illegal gains is less than 50,000 Yuan, a fine of not less than 50,000 Yuan but not more than 300,000 Yuan shall be imposed. Article 45 If a financial institution with foreign investment operates in violation of the relevant provisions of Chapter 4 of this Regulations, the People's Bank of China shall give a warning, 6/7 confiscate the illegal gains and impose a fine of not less than 1 time but not more than 3 times the illegal gains; if there is no illegal gains or the illegal gains is less than 50,000 Yuan, a fine of not less than 50,000 Yuan but not more than 300,000 Yuan shall be imposed. Article 46 If a financial institution with foreign investment, in violation of the relevant provisions of this Regulations, refuses or hinders the supervision and check conducted according to law, or submits false documents, materials and written reports, the People's Bank of China shall give a warning and impose a fine of not less than 100,000 Yuan but not more than 500,000 Yuan. Article 47 If a financial institution with foreign investment, in violation of the relevant provisions of this Regulations, fails to submit the financial statements and the relevant documents, materials within the prescribed period, or fails to formulate the relevant operation rules, establish and perfect the relevant management systems, the People's Bank of China shall give it a warning, order it to make corrections within a prescribed period, and impose a fine of not more than 100,000 Yuan. Article 48 If the circumstances of the violation of this Regulations committed by a financial institution with foreign investment are serious, the People's Bank of China may order that financial institutions with foreign investment to suspend its operation for rectification or revoke its financial transaction license, in addition to the punishment given according to the relevant provisions of Article 43, Article 44, Article 45, Article 46 and Article 47 of this Chapter; and the work qualifications of the senior managerial personnel of that financial institution with foreign investment shall be cancelled for a certain period or even for their lifetime. Article 49 If a financial institution with foreign investment violates other laws and regulations of the People's Republic of China, it shall be dealt with by the relevant competent authorities according to law. Chapter 7 Supplementary Provisions Article 50 These regulations apply to financial institutions established and operated by financial institutions from Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan areas within the territory of China. Article 51 The methods for the administration of representative offices of foreign financial institutions shall be formulated separately by the People's Bank of China. Article 52 These Regulations shall come into force on February 1, 2001. And the Regulations of the People's Republic of China on the Administration of financial institution with foreign investment promulgated by the State Council on February 25, 1994 shall be nullified simultaneously. 7/7
Regulations of the People's Republic of China on the Administration of Financial Institutions with Foreign Investment Order [2001] No.340 of the State Council The Regulations of the People's Republic of China on the Administration of Financial Institutions with Foreign Investment has been adopted at the 50th Executive Meeting of the State Council on December 12, 2001 and is hereby promulgated, and shall come into force on February 1, 2002. Premier of the State Council: Zhu Rongji December 12, 2001 Regulations of the People's Republic of China on the Administration of Foreign-Funded Financial Institutions Chapter 1 General Provisions Article 1 These Regulations have been formulated with a view to strengthening and perfecting the administration of financial institutions with foreign investment in China and promoting the steady operation of the banking industry to meet the demands arising from the work of opening to the outside world and economic development. Article 2 The term "financial institutions with foreign investment" mentioned in the regulations is referred to the following institutions which have been approved to be established to operate within the territory of China according to the relevant laws and regulations of the People's Republic of China. 1. Foreign banks whose headquarters are within the territory of China (hereinafter referred to as solely foreign-funded banks); 2. Branches of foreign banks within the territory of China (hereinafter referred to as branches of foreign banks); 3. Joint venture banks within the territory of China established jointly by foreign financial institutions and Chinese companies and enterprises (hereinafter referred to as joint venture banks); 4. Foreign financial companies whose headquarters are within the territory of China (hereinafter referred to as solely financial companies with foreign investment); 5. Joint venture financial companies established jointly by foreign financial institutions and Chinese companies and enterprises (hereinafter referred to as joint venture financial companies). Article 3 Financial institutions with foreign investment shall abide by the laws and regulations of the People's Republic of China and shall not do harm to the social and public interests of the People's Republic of China. The normal operations and legitimate rights and interests of financial institutions with foreign investment shall be protected by the laws of the People's Republic of China. Article 4 The People's Bank of China is the organization that is in charge of the administration and supervision of financial institutions with foreign investment; the branches of the People's Bank of China shall undertake the routine administration and supervision of the financial institutions with foreign investment in their respective areas. Chapter 2 Establishment and Registration Article 5 The minimum limit of registered capital for solely foreign-funded banks and joint venture banks shall be convertible foreign currencies on a par with RMB300 million; the minimum limit of registered capital for solely financial companies with foreign investment and joint venture financial companies shall be convertible foreign currencies on a par with RMB200 million. The registered capital shall be the paid-in capital. The working capital of branches of foreign banks provided by their head offices shall be no 1/7 less than convertible foreign currencies on a par with RMB100 million. The People's Bank of China may, according to the needs of the business scope of financial institutions with foreign investment and the prudent supervision, raise the minimum limit of registered capital or working capital thereof, and prescribe the proportion of Renmingbi thereof. Article 6 In applying for the establishment of a solely foreign-funded bank or a solely foreign-funded financial company, the applicant must be qualified as: 1. a financial institution; 2. having a representative office in China for at least two years; 3. having a total assets of no less than US$10 billion at the end of the year before the application is filed; 4. having a complete financial supervision and control system in the country or region where it is located, and to have been effectively supervised and controlled by the relevant competent authorities of the country or region where it is located; 5. having obtained approval for its application from the relevant competent authorities of the country or region where it is located; 6. having other prudent conditions prescribed by the People's Bank of China. Article 7 In applying for establishing a foreign bank branch, the applicant must be qualified as: 1. having a representative office in China for at least two years; 2. having a total assets of no less than US$20 billion at the end of the year before the application is filed, and a rate of capital sufficiency of not lower than 8%; 3. having a complete financial supervision and control system in the country or region where it is located, and to have been effectively supervised and controlled by the relevant competent authorities of the country or region where it is located; 4. having obtained approval for its application from the relevant competent authorities of the country or region where it is located; 5. having other prudent conditions prescribed by the People's Bank of China. Article 8 To apply for establishing a joint venture bank or a joint venture financial company, the applicant must meet the following conditions: 1. The foreign party must be a financial institution; 2. The foreign party has set up a representative office in China; 3. The total assets of the foreign party shall not be less than US$10 billion at the end of the year before the application is filed; 4. There is a complete financial supervision and control system in the country or region where the foreign party is located, and the foreign party has been effectively supervised and controlled by the relevant competent authorities of the country or region where it is located; 5. The foreign party has obtained approval for its application from the relevant competent authorities of the country or region where it is located; 6. Other prudent conditions prescribed by the People's Bank of China. Article 9 In applying for establishing a solely foreign-funded bank or solely financial company with foreign investment in China, the applicant shall file an application in written form with the People's Bank of China and submit the following materials: 1. An application form for establishing a solely foreign-funded bank or a solely financial company with foreign investment with the name, registered capital and line of business of the bank or financial company to be established; 2. A feasibility study report; 3. The articles of association of the bank or financial company to be established; 4. The business license (copy) and the letter of opinions on the application issued by the relevant competent authority of the country or region where the applicant institution is located; 5. The annual financial statements of the last 3 years of the applicant institution; 6. Other materials as required by the People's Bank of China. Article 10 In applying for establishing a foreign bank branch in China, the head office of the foreign bank shall file an application in written form with the People's Bank of China and submit the following materials: 1. An application form signed by the legal representative with the name of the branch to be established, the amount of working capital appropriated by its head office and the line of business to 2/7 be handled. 2. A feasibility study report; 3. The business license (copy) and the letter of opinions on the application issued by the relevant competent authority of the country or region where the applicant institution is located; 4. The annual financial statements of last 3 years of the applicant institution;and 5. Other materials as required by the People's Bank of China. Article 11 In applying for establishing a joint venture bank or joint venture financial company in China, the parties to the joint venture shall jointly file and application in written form with the People's Bank of China and submit the following materials: 1. An application form for establishing the joint venture bank or joint venture financial company with the name of the new company, the names of joint venture parties, the amount of registered capital, the ratio of investment of each joint venture party and the line of business to be applied for; 2. A feasibility study report; 3. The joint venture contract and articles of association of the joint venture bank or joint venture financial company to be set up; 4. The business licenses (copy) and the letter of opinions on the application issued by the relevant competent authority of the country or region where the foreign parties are located; 5. The annual financial statements of the last 3 years of the foreign party; 6. The relevant materials of the Chinese party; and 7. Other materials as required by the People's Bank of China. Article 12 The materials indicated in Articles 9, 10 and 11, except the annual financial statements, shall have a Chinese translation attached if they are written in a foreign language. Article 13 The People's Bank of China shall make an initial examination of the application for the establishment of financial institution with foreign investment, and shall make a decision on whether to accept it or not within 6 months from the day of receiving the complete application documents. Where the application is accepted, an official application form shall be issued to the applicant; where the application is rejected, the applicant shall be notified in written form to explain the reasons. Under special circumstances that the People's Bank of China can't finish the initial examination and make the decision on whether to accept the application or not within the period prescribed in the preceding paragraph, the period may be extended appropriately, and the applicant shall be informed; however, the extended period shall not exceed 3 months. Article 14 An applicant shall finish the preparations within 6 months from the day of receiving the official application form; where the preparations can't be finished within the prescribed period due to good reasons, the period may be extended for 3 months upon the approval of the People's Bank of China. Where the preparation work can't be finished within the extended period, the decision made by the People's Bank of China on accepting the application shall be invalidated automatically. After the preparation work is finished, the applicant shall fill in the formal application form and submit it to the People's Bank of China for examination and approval, together with the following documents: 1. A name list of the principals of the foreign financial institution to be established and their resumes; 2. Letters of authorization for the principals of the foreign capital financial institution to be established; 3. Certification on verification of capital issued by a statutory capital verification agency; 4. Safety measures and materials of other facilities related to business; 5. Tax and liability guarantee of the head office for its branch bank as in the case of applying for a foreign branch bank; and 6. Other documents as required by the People's Bank of China. Article 15 The People's Bank of China shall make the decision on whether to approve the application or not within 2 months from the day of receiving the complete official application documents for the establishment of a financial institution with foreign investment. Where the application is approved, the financial transaction license shall be issued; where the application is not approved, the applicant shall be notified in written form to explain the reasons. Article 16 Where a financial institution with foreign investment is established upon approval, the applicant shall make the registration with and draw the business license from the administration for 3/7 industry and commerce based on the financial transaction license. Chapter 3 Business Scope Article 17 Solely foreign-funded banks, foreign bank branches and joint venture banks in China may handle part or all of the following businesses within the scope approved by the People's Bank of China: 1. Drawing public deposits; 2. Granting loans of short term, mid term and long term; 3. Handling the acceptance and discount of bills; 4. Trading government bonds and financial bonds, and trading other valuable foreign currency securities other than stocks; 5. Providing letters of credit and guarantees; 6. Handling domestic and foreign settlements; 7. Trading and trading as an agent foreign exchange; 8. Conducting conversion of foreign currencies; 9. Conducting interbank borrowings; 10. Running business of bank cards; 11. Providing safe-keeping services; 12. Providing services of credit rating and consulting; 13. Other businesses approved by the People's Bank of China. Article 18 Solely financial companies with foreign investment, joint venture financial companies may handle some or all of the following businesses within the scope approved by the People's Bank's of China: 1. Drawing deposit with each account no less than 1 million Renmingbi or equivalent convertible currency and with a term of no less than 3 months; 2. Granting short-term, mid-term and long-term loans; 3. Handling the acceptance and discount of bills; 4. Trading government bonds and financial bonds, and trading other valuable foreign currency bonds other than stocks; 5. Providing guarantees; 6. Trading and trading as an agent foreign exchange; 7. Conduction interbank borrowings; 8. Providing services of credit rating and consulting; 9. Providing services of foreign exchange trust; 10. Other businesses approved by the People's Bank of China. Article 19 The scope of areas where financial institutions with foreign investment may run Renmingbi business and the range of their clients shall be ratified by the People's Bank of China according to the relevant provisions. Article 20 To engage in the Renmingbi business, a financial institution with foreign investment shall meet the following conditions: 1. having practiced within the territory of China for not less than 3 years before filing the application; 2. having made profits for 2 successive years before filing the application; 3. other prudent conditions prescribed by the People's Bank of China. Article 21 Where a financial institution with foreign investment wishes to run a new line of business within the business scope approved by the People's Bank, it shall file an application in written form with the People's Bank of China before start the business. The People's Bank of China shall make a decision on whether to approve the application or not within 60 days from the day of receiving the written application. Where the People's Bank of China decides not to approve the application, it shall notify the applicant in written form and explain the reasons. Chapter 4 Supervision and Administration 4/7 Article 22 The interest rates for deposits and loans and commission fees shall be determined by foreign financial institutions according to the relevant regulations promulgated by the People's Bank of China. Article 23 In handling deposits, a foreign financial institution shall lodge reserve against deposits in a branch of the People's Bank of China in the locality, with the ratio to be determined by the People's Bank of China and adjusted according to needs. Article 24 Thirty percent of the working capital of a foreign bank branch shall be in the form of interest-earning assets designated by the People's Bank of China, including the bank deposits designated by the People's Bank of China. Article 25 The rate of capital sufficiency of a solely foreign-funded bank, a joint venture bank, a solely financial company with foreign investment or a joint venture financial company shall not be less than 8%. Article 26 The balance of credits granted to an enterprise and its associates by a solely foreignfunded foreign bank, a joint venture bank, a solely financial company with foreign investment or a joint venture financial company shall not exceed 25 percent of the sum of its capital, except where approval has been obtained from the People's Bank of China. Article 27 The fixed assets of a solely foreign-funded foreign bank, a joint venture bank, a solely financial company with foreign investment or a joint venture financial company shall not exceed 40% of the sum of interests of its owners. Article 28 The proportion of Renmingbi in the assets of a solely foreign-funded foreign bank, a joint venture bank, a solely financial company with foreign investment or a joint venture financial company and the proportion of Renmingbi in its risk assets shall not be less than 8%. The proportion of Renmingbi in the totality of working capital and reserve of a foreign bank branch and the proportion of Renmingbi in its risk assets shall not be less than 8%. The People's Bank of China shall adjust the proportions prescribed in the preceding two paragraphs according to the relevant provisions gradually. Article 29 A foreign financial institution shall ensure the fluidity of its assets. The ratio of the balance of liquid assets and the balance of liquid debts shall not be less than 25%. Article 30 The total amount of deposits from within the territory of China in a foreign financial institution shall not exceed 70% of the total foreign exchange assets of the institution concerned. The People's Republic of China shall adjust the proportion prescribed in the preceding paragraph gradually according to the relevant provisions. Article 31 A foreign financial institution shall draw reserves against bad debts according to the provisions. Article 32 A foreign financial institution shall employ registered Chinese accountants with the approval of the branch of the People's Bank of China in the locality. Article 33 A foreign financial institution shall go through the registration procedures with the administration for industry and commerce according to law if it has the following cases with the approval of the People's Bank of China; 1. Establishing a branch office; 2. Adjusting and transferring its registered capital, adding or reducing the working capital; 3. Altering the name or business office of the institution; 4. Adjusting the business scope; 5. Changing the shareholders that hold not less than 10% of the total amount of capital or stock shares; 6. Amending the articles of association; 7. Replacing senior managerial personnel; 8. Other cases prescribed by the People's Bank of China. Article 34 A foreign financial institution shall submit the financial statements and related materials to the head office of the People's Bank of China and its branches according to the provisions. Article 35 The People's Bank of China and its branch offices have the right to check and verify at any time the deposits, loans, settlements, bad debts and other data of foreign financial institutions, have the right to request the financial institutions with foreign investment to submit the relevant documents, materials and written reports within the prescribed period, and have the right to deal 5/7 with and punish the violations of laws and rules committed by financial institutions with foreign investment. Article 36 The People's Bank of China and its branch offices have the right to request the financial institutions with foreign investment to formulate operation rules, establish and perfect systems of operation management, cash management and safeguarding according to the provisions. Article 37 The financial institutions with foreign investment shall subject themselves to the supervision and check conducted by the People's Bank of China and its branch offices according to law, submit the relevant documents, materials and written reports according to the facts, and shall not refuse, hinder or conceal. Chapter 5 Dissolution and Liquidation Article 38 If a foreign financial institution terminates its operations, it shall file a written application to the People's Bank of China 30 days in advance of the date of termination and shall dissolve and carry out liquidation after getting the approval of the People's Bank of China. Article 39 If a foreign financial institution has become insolvent, the People's Bank of China shall order it to stop operation and take stock within a prescribed limit of time. If it has restored its solvency during the period of stock taking and needs to restore operation, it shall file an application with the People's Bank of China. If it has failed to restore its solvency after the prescribed time limit expires, it shall carry out liquidation. Article 40 If a foreign financial institution has terminated its operations due to dissolution, cancellation according to law or bankruptcy, the specific matters concerning liquidation shall be handled according to the relevant Chinese laws and regulations. Article 41 After the termination of liquidation, a foreign financial institution shall go through the cancellation registration procedures with the original register organization within the time limit prescribed by law. Chapter 6 Legal Liability Article 42 If a foreign financial institution is established or anyone illegally conducts financial businesses without approval of the People's Bank of China, the People's Bank of China shall ban its operation; criminal responsibilities shall be investigated for according to the provisions of the Criminal Law on the crime of unauthorized establishment of financial institution, the crime of illegally drawing public deposits or other crimes; if the case is not serious enough to be subject to criminal punishment, the People's Bank of China shall confiscate the illegal gains and shall impose a fine of not less than 1 time but not more than 5 times the illegal gains; if there is no illegal gains or the illegal gains is less than 100,000 Yuan, a fine of not less than 100,000 Yuan but not more than 500,000 Yuan shall be imposed. Article 43 If a financial institution with foreign investment conducts financial businesses beyond the business scope, the scope of business areas or the scope of clients approved by the People's Bank of China, criminal responsibilities shall be investigated for according to the provisions of the Criminal Law on the crime of illegal business operations or other crimes; if the case is not serious enough to be subject to criminal punishment, the People's Bank of China shall give a warning, confiscate the illegal gains and impose a fine of not less than 1 time but not more than 5 times of the illegal gains; if there is no illegal gains or the illegal gains is less than 100,000 Yuan, a fine of not less than 100,000 Yuan but not more than 500,000 Yuan shall be imposed. Article 44 If a financial institution with foreign investment, within the business scope approved by the People's Bank of China, opens any new line of business without approval, the People's Bank of China shall order it to stop the operations of the new line of business without approval, confiscate the illegal gains and impose a fine of not less than 1 time but not more than 3 times of the illegal gains; if there is no illegal gains or the illegal gains is less than 50,000 Yuan, a fine of not less than 50,000 Yuan but not more than 300,000 Yuan shall be imposed. Article 45 If a financial institution with foreign investment operates in violation of the relevant provisions of Chapter 4 of this Regulations, the People's Bank of China shall give a warning, 6/7 confiscate the illegal gains and impose a fine of not less than 1 time but not more than 3 times the illegal gains; if there is no illegal gains or the illegal gains is less than 50,000 Yuan, a fine of not less than 50,000 Yuan but not more than 300,000 Yuan shall be imposed. Article 46 If a financial institution with foreign investment, in violation of the relevant provisions of this Regulations, refuses or hinders the supervision and check conducted according to law, or submits false documents, materials and written reports, the People's Bank of China shall give a warning and impose a fine of not less than 100,000 Yuan but not more than 500,000 Yuan. Article 47 If a financial institution with foreign investment, in violation of the relevant provisions of this Regulations, fails to submit the financial statements and the relevant documents, materials within the prescribed period, or fails to formulate the relevant operation rules, establish and perfect the relevant management systems, the People's Bank of China shall give it a warning, order it to make corrections within a prescribed period, and impose a fine of not more than 100,000 Yuan. Article 48 If the circumstances of the violation of this Regulations committed by a financial institution with foreign investment are serious, the People's Bank of China may order that financial institutions with foreign investment to suspend its operation for rectification or revoke its financial transaction license, in addition to the punishment given according to the relevant provisions of Article 43, Article 44, Article 45, Article 46 and Article 47 of this Chapter; and the work qualifications of the senior managerial personnel of that financial institution with foreign investment shall be cancelled for a certain period or even for their lifetime. Article 49 If a financial institution with foreign investment violates other laws and regulations of the People's Republic of China, it shall be dealt with by the relevant competent authorities according to law. Chapter 7 Supplementary Provisions Article 50 These regulations apply to financial institutions established and operated by financial institutions from Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan areas within the territory of China. Article 51 The methods for the administration of representative offices of foreign financial institutions shall be formulated separately by the People's Bank of China. Article 52 These Regulations shall come into force on February 1, 2001. And the Regulations of the People's Republic of China on the Administration of financial institution with foreign investment promulgated by the State Council on February 25, 1994 shall be nullified simultaneously. 7/7
Title (Chinese)
外资金融机构管理条例
Body (Chinese)
1/5中华人民共和国国务院令第340号《中华人民共和国外资金融机构管理条例》已经2001年12月12日国务院第50次常务会议通过，现予公布，自2002年2月1日起施行。国务院总理 朱槠基二○○一年十二月二十日中华人民共和国外资金融机构管理条例第一章 总 则第一条 为了适应对外开放和经济发展的需要，加强和完善对外资金融机构的管理，促进银行业的稳健运行，制定本条例。第二条 本条例所称外资金融机构，是指依照中华人民共和国有关法律、法规的规定，经批准在中国境内设立和营业的下列金融机构：（一） 总行在中国境内的外国资本的银行（以下简称独资银行）；（二） 外国银行在中国境内的分行（以下简称外国银行分行）；（三） 外国的金融机构同中国的公司、企业在中国境内合资经营的银行（以下简称合资银行）；（四） 总公司在中国境内的外国资本的财务公司（以下简称独资财务公司）；（五） 外国的金融机构同中国的公司、企业在中国境内合资经营的财务公司（以下简称合资财务公司）。第三条 外资金融机构必须遵守中华人民共和国法律、法规，不得损害中华人民共和国的社会公共利益。外资金融机构的正当经营活动和合法权益受中华人民共和国法律保护。第四条 中国人民银行是管理和监督外资金融机构的主管机关；中国人民银行分支机构对本辖区外资金融机构进行日常监督管理。第二章 设立与登记第五条 独资银行、合资银行的注册资本最低限额为3亿元人民币等值的自由兑换货币。独资财务公司、合资财务公司的注册资本最低限额为2亿元人民币等值的自由兑换货币。注册资本应当是实缴资本。外国银行分行应当由其总行无偿拨给不少于1亿元人民币等值的自由兑换货币的营运资金。中国人民银行根据外资金融机构的业务范围和审慎监管的需要，可以提高其注册资本或者营运资金的最低限额，并规定其中的人民币份额。第六条 设立独资银行或者独资财务公司，申请人应当具备下列条件：（一） 申请人为金融机构；（二） 申请人在中国境内已经设立代表机构2年以上；（三） 申请人提出设立申请前1年年末总资产不少于100亿美元；（四） 申请人所在国家或者地区有完善的金融监督管理制度，并且申请人受到所在国家或者地区有关主管当局的有效监管；（五） 申请人所在国家或者地区有关主管当局同意其申请；（六） 中国人民银行规定的其他审慎性条件。第七条 设立外国银行分行，申请人应当具备下列条件：（一） 申请人在中国境内已经设立代表机构2年以上；（二） 申请人提出设立申请前1年年末总资产不少于200亿美元，并且资本充足率不低于8％；2/5（三） 申请人所在国家或者地区有完善的金融监督管理制度，并且申请人受到所在国家或者地区有关主管当局的有效监管；（四） 申请人所在国家或者地区有关主管当局同意其申请；（五） 中国人民银行规定的其他审慎性条件。第八条 设立合资银行或者合资财务公司，申请人应当具备下列条件：（一） 外国合资者为金融机构；（二） 外国合资者在中国境内已经设立代表机构；（三） 外国合资者提出设立申请前1年年末总资产不少于100亿美元；（四） 外国合资者所在国家或者地区有完善的金融监督管理制度，并且外国合资者受到所在国家或者地区有关主管当局的有效监管；（五） 外国合资者所在国家或者地区有关主管当局同意其申请；（六） 中国人民银行规定的其他审慎性条件。第九条 设立独资银行或者独资财务公司，应当由申请人向中国人民银行提出书面申请，并提交下列资料：（一） 设立独资银行或者独资财务公司的申请书，其内容包括：拟设独资银行或者独资财务公司的名称，注册资本额，申请经营的业务种类等；（二） 可行性研究报告；（三） 拟设独资银行或者独资财务公司的章程；（四） 申请人所在国家或者地区有关主管当局核发的营业执照（副本）及对其申请的意见书；（五） 申请人最近3年的年报；（六） 中国人民银行要求提供的其他资料。第十条 设立外国银行分行，应当由外国银行总行向中国人民银行提出书面申请，并提交下列资料：（一） 法定代表人签署的申请书，其内容包括：拟设外国银行分行的名称，总行无偿拨给的营运资金数额，申请经营的业务种类等；（二） 可行性研究报告；（三） 申请人所在国家或者地区有关主管当局核发的营业执照（副本）及对其申请的意见书；（四） 申请人最近3年的年报；（五） 中国人民银行要求提供的其他资料。第十一条 设立合资银行或者合资财务公司，应当由合资各方共同向中国人民银行提出书面申请，并提交下列资料：（一） 设立合资银行或者合资财务公司的申请书，其内容包括：拟设合资银行或者合资财务公司的名称，合资各方名称，注册资本额，合资各方出资比例，申请经营的业务种类等；（二） 可行性研究报告；（三） 合资经营合同及拟设合资银行或者合资财务公司的章程；（四） 外国合资者所在国家或者地区有关主管当局核发的营业执照（副本）及对其申请的意见书；（五） 外国合资者最近3年的年报；（六） 中国合资者的有关资料；（七） 中国人民银行要求提供的其他资料。第十二条 本条例第九条、第十条、第十一条所列资料，除年报外，凡用外文书写的，应当附有中文译本。第十三条 中国人民银行应当对设立外资金融机构的申请进行初步审查，自收到完整的申请文件之日起6个月内作出受理或者不受理的决定。决定受理的，发给申请人正式申请表；决定不受理的，应当书面通知申请人并说明理由。特殊情况下，中国人民银行不能在前款规定期限内完成初步审查并作出受理或者不受理决定的，可以适当延长，并告知申请人；但是，延长期限不得超过3个月。第十四条 申请人应当自接到正式申请表之日起6个月内完成筹建工作；在规定期限内未完成筹建工作，有正当理由的，经中国人民银行批准，可以延长3个月。在延长期内仍未完成筹建工作的，中国人民银行作出的受理决定自动失效。筹建工作完成后，申请人应当将3/5填写好的申请表连同下列文件报中国人民银行审批：（一） 拟设外资金融机构主要负责人名单及简历；（二） 对拟任该外资金融机构主要负责人的授权书；（三） 法定验资机构出具的验资证明；（四） 安全防范措施和与业务有关的其他设施的资料；（五） 设立外国银行分行的，其总行对该分行承担税务、债务的责任担保书；（六） 中国人民银行要求提供的其他文件。第十五条 中国人民银行应当自收到设立外资金融机构完整的正式申请文件之日起2个月内，作出批准或者不批准的决定。决定批准的，颁发经营金融业务许可证；决定不批准的，应当书面通知申请人并说明理由。第十六条 经批准设立外资金融机构的，申请人凭经营金融业务许可证向工商行政管理机关办理登记，领取营业执照。第三章 业务范围第十七条 独资银行、外国银行分行、合资银行按照中国人民银行批准的业务范围，可以部分或者全部依法经营下列种类的业务：（一） 吸收公众存款；（二） 发放短期、中期和长期贷款；（三） 办理票据承兑与贴现；（四） 买卖政府债券、金融债券，买卖股票以外的其他外币有价证券；（五） 提供信用证服务及担保；（六） 办理国内外结算；（七） 买卖、代理买卖外汇；（八） 从事外币兑换；（九） 从事同业拆借；（十） 从事银行卡业务；（十一） 提供保管箱服务；（十二） 提供资信调查和咨询服务；（十三） 经中国人民银行批准的其他业务。第十八条 独资财务公司、合资财务公司按照中国人民银行批准的业务范围，可以部分或者全部依法经营下列种类的业务：（一） 吸收每笔不少于100万元人民币或者其等值的自由兑换货币，期限不少于3个月的存款；（二） 发放短期、中期和长期贷款；（三） 办理票据承兑与贴现；（四） 买卖政府债券、金融债券，买卖股票以外的其他外币有价证券；（五） 提供担保；（六） 买卖、代理买卖外汇；（七） 从事同业拆借；（八） 提供资信调查和咨询服务；（九） 提供外汇信托服务；（十） 经中国人民银行批准的其他业务。第十九条 外资金融机构经营人民币业务的地域范围和服务对象范围，由中国人民银行按照有关规定核定。第二十条 外资金融机构经营人民币业务，应当具备下列条件：（一） 提出申请前在中国境内开业3年以上；（二） 提出申请前2年连续盈利；（三） 中国人民银行规定的其他审慎性条件。第二十一条 外资金融机构在中国人民银行批准的业务范围内，开办新的业务品种的，应当在开办之前向中国人民银行提出书面申请。中国人民银行应当自收到书面申请文件之日起60日内作出批准或者不批准的决定。中国人民银行作出不批准决定的，应当书面通知申请人并说明理由。4/5第四章 监督管理第二十二条 外资金融机构的存款、贷款利率及各种手续费率，由外资金融机构按照中国人民银行的有关规定确定。第二十三条 外资金融机构经营存款业务，应当向所在地区的中国人民银行分支机构缴存存款准备金，其比率由中国人民银行制定，并根据需要进行调整。第二十四条 外国银行分行的营运资金的30％应当以中国人民银行指定的生息资产形式存在，包括在中国人民银行指定的银行的存款等。第二十五条 独资银行、合资银行、独资财务公司、合资财务公司的资本充足率不得低于8％。第二十六条 独资银行、合资银行、独资财务公司、合资财务公司对1个企业及其关联企业的授信余额，不得超过其资本的25％，但是经中国人民银行批准的除外。第二十七条 独资银行、合资银行、独资财务公司、合资财务公司的固定资产不得超过其所有者权益的40％。第二十八条 独资银行、合资银行、独资财务公司、合资财务公司资本中的人民币份额与其风险资产中的人民币份额的比例不得低于8％。外国银行分行营运资金加准备金等之和中的人民币份额与其风险资产中的人民币份额的比例不得低于8％。对前两款规定的比例，中国人民银行应当按照有关规定逐步调整。第二十九条 外资金融机构应当确保其资产的流动性。流动性资产余额与流动性负债余额的比例不得低于25％。第三十条 外资金融机构从中国境内吸收的外汇存款不得超过其境内外汇总资产的70％。对前款规定的比例，中国人民银行应当按照有关规定逐步调整。第三十一条 外资金融机构应当按照规定计提呆账（坏账）准备金。第三十二条 外资金融机构应当聘用中国注册会计师，并经所在地区的中国人民银行分行认可。第三十三条 外资金融机构有下列情况之一的，须经中国人民银行批准，并依法向工商行政管理机关办理有关登记：（一） 设立分支机构；（二） 调整、转让注册资本，追加、减少营运资金；（三） 变更机构名称或者营业场所；（四） 调整业务范围；（五） 变更持有资本总额或者股份总额10％以上的股东；（六） 修改章程；（七） 更换高级管理人员；（八） 中国人民银行规定的其他情况。第三十四条 外资金融机构应当按照规定向中国人民银行及其分支机构报送财务报表和有关资料。第三十五条 中国人民银行及其分支机构有权定期或者随时检查、稽核外资金融机构的存款、贷款、结算、呆账等情况，有权要求外资金融机构在规定的期限内报送有关文件、资料和书面报告，有权对外资金融机构的违法违规行为依法进行处罚、处理。第三十六条 中国人民银行及其分支机构有权要求外资金融机构按照规定制定业务规则，建立、健全业务管理、现金管理和安全防范制度。第三十七条 外资金融机构应当接受中国人民银行及其分支机构依法进行的监督检查，如实报送有关文件、资料和书面报告，不得拒绝、阻碍、隐瞒。第五章 解散与清算第三十八条 外资金融机构自行终止业务活动，应当在距终止业务活动30日前以书面形式向中国人民银行提出申请，经中国人民银行审查批准后予以解散并进行清算。第三十九条 外资金融机构无力清偿到期债务的，中国人民银行可以责令其停业，限期清5/5理。在清理期限内，已恢复偿付能力、需要复业的，必须向中国人民银行提出复业申请；超过清理期限，仍未恢复偿付能力的，应当进行清算。 第四十条 外资金融机构因解散、依法被撤销或者宣告破产而终止的，其清算的具体事宜，参照中国有关法律、法规的规定办理。第四十一条 外资金融机构清算终结，应当在法定期限内向原登记机关办理注销登记。第六章 法律责任第四十二条 未经中国人民银行批准，擅自设立外资金融机构或者非法从事金融业务活动的，由中国人民银行予以取缔；依照刑法关于擅自设立金融机构罪、非法吸收公众存款罪或者其他罪的规定，依法追究刑事责任；尚不够刑事处罚的，由中国人民银行没收违法所得，并处违法所得1倍以上5倍以下的罚款；没有违法所得或者违法所得不足10万元的，处10万元以上50万元以下的罚款。第四十三条 外资金融机构超出中国人民银行批准的业务范围、业务地域范围或者服务对象范围从事金融业务活动的，依照刑法关于非法经营罪或者其他罪的规定，依法追究刑事责任；尚不够刑事处罚的，由中国人民银行给予警告，没收违法所得，并处违法所得1倍以上5倍以下的罚款；没有违法所得或者违法所得不足10万元的，处10万元以上50万元以下的罚款。第四十四条 外资金融机构在中国人民银行批准的业务范围内，未经批准开办新的业务品种的，由中国人民银行责令其停止经营未经批准的新的业务品种，没收违法所得，并处违法所得1倍以上3倍以下罚款；没有违法所得或者违法所得不足5万元的，处5万元以上30万元以下的罚款。第四十五条 外资金融机构违反本条例第四章的有关规定从事经营的，由中国人民银行给予警告，没收违法所得，并处违法所得1倍以上3倍以下的罚款；没有违法所得或者违法所得不足5万元的，处5万元以上30万元以下的罚款。第四十六条 外资金融机构违反本条例有关规定，拒绝、阻碍依法监督检查或者报送虚假的文件、资料和书面报告的，由中国人民银行给予警告，并处10万元以上50万元以下的罚款。第四十七条 外资金融机构违反本条例有关规定，未按期报送财务报表和有关文件、资料及书面报告或者未按照规定制定有关业务规则、建立健全有关管理制度的，由中国人民银行给予警告，责令限期改正，并处1万元以上10万元以下的罚款。第四十八条 外资金融机构违反本条例，除依照本章第四十三条、第四十四条、第四十五条、第四十六条、第四十七条的有关规定给予处罚外，情节严重的，中国人民银行可以责令该外资金融机构停业整顿或者吊销经营金融业务许可证；取消该外资金融机构高级管理人员一定期限直至终身在中国的任职资格。第四十九条 外资金融机构违反中华人民共和国其他法律、法规的，由有关主管机关依法处理。第七章 附 则第五十条 香港特别行政区、澳门特别行政区和台湾地区的金融机构在内地设立和营业的金融业务机构，比照适用本条例。第五十一条 对外国金融机构驻华代表机构的管理办法，由中国人民银行另行制定。第五十二条 本条例自2002年2月1日起施行。1994年2月25日国务院发布的《中华人民共和国外资金融机构管理条例》同时废止。