Recently, the People's Bank of China Hangzhou Central Sub-branch held the province's financial institutions to combat the governance of new types of telecommunication network crimes and cross-border gambling work to promote the meeting, the violation of the bank notification and criticism, suspension of account opening qualification, chastisement of the relevant institutions and personnel, demotion.
1, on the mismanagement, there are major violations of the four banks to be notified and criticized, and meet with their bank leaders for regulatory conversations.
2, suspend 4 bank outlets for 3 months of the new opening unit bank account business, suspend 18 bank outlets for 1 month of the new opening unit bank account business
3, ordered the banks involved in the province's highest jurisdictional banks within the serious investigation of the relevant institutions and personnel responsibility. Ordered to seriously investigate the account opening outlets responsible for the main person in charge, the person in charge, the account manager, as well as responsible for the account opening audit, non-counter business management, transaction monitoring, reconciliation management, real-name dynamic review of the relevant institutions and personnel responsibility.
4. The bank accounts of the enterprises involved in the case will be included in the "two management, two integrated" evaluation of the banking institutions, and reduce the evaluation level of the banks involved.
What is the basis for the penalty of suspending the account?
Suspension of account opening is a huge deterrent for banks, meaning that they can't open accounts for new marketing businesses during this time, and are likely to have to watch as businesses are snatched up by other banks.
According to the "Notice on Matters Relating to Strengthening Payment and Settlement Management to Prevent New Types of Illegal and Criminal Offenses in Telecommunications Networks" (Yinfa 〔2016〕 No. 261), it is stipulated that:
1. All cases of new types of illegal and criminal offenses in telecommunication networks should be investigated in reverse to see if the banks and payment institutions are responsible for the implementation. Banks and payment institutions that violate the relevant system and the provisions of this notice shall be punished in accordance with the relevant provisions; if the circumstances are serious, the People's Bank of China shall be punished in accordance with Article 46 of the Law of the People's Republic of China on the People's Bank of China, and may take the supervisory measures of suspending the opening of new accounts and the handling of payment business for a period of one month to six months.
2. Where the supervisory responsibility of a branch of the People's Bank of China is not implemented, resulting in the banks and payment institutions within the jurisdiction failing to effectively perform their duties and responsibilities, and the public suffers serious financial losses from new types of illegal and criminal activities in telecommunication networks, resulting in a bad social impact, the branch of the People's Bank of China shall be held accountable.
It can be seen that the People's Bank of China for the telecom fraud crime accountability mechanism is reverse, where telecom fraud occurs, reverse banks and payment institutions, and the highest can be suspended for six months to open a new account or suspend the payment business.
And this time the penalized bank outlets in 4 suspended three months, 18 suspended 1 month, although already very harsh, but has not yet reached the upper limit of punishment.
Enterprise account opening in these cases will be focused on
In recent years, in order to support the small and micro-improvement of bank account services, the People's Bank of China has canceled the bank account opening license, requiring banks to compress the time of enterprise account opening. For example, publicity often mentioned, the average time for enterprises to open accounts shortened to three days.
But the reality of the problem in front of us is that, due to the gradual tightening of the domestic anti-money laundering requirements, whether it is the 235 issued by the People's Bank of China at the end of 2017, or the 164 of 2018, banks are required to perform due diligence to identify the actual controller of the account opening subject, which requires the bank to spend more time before opening the account to do due diligence, which contradicts the requirement to shorten the process of opening an account for the enterprise
With the advent of the new generation of mobile phones, the new generation of mobile phones has become more and more popular.
With more and more rich means of payment now, in the enhancement of convenience at the same time, there are a variety of use of trading accounts or third-party payments and other forms of telecommunications fraud transfer of stolen funds, money laundering and other illegal activities.
Therefore, in the issue of combating and managing new types of telecommunication network crimes, the regulatory departments have set up a joint conference office to focus on combating and remedying the black and gray industry related to fraudulent corporate bank accounts. There are The following circumstances of the enterprise will be focused
private to private, public to private 100,000 yuan will be focused on monitoring, private accounts to avoid tax no longer work!
The People's Bank of China (PBOC) is the head of all banks in China, and the PBOC is not a commercial bank in the traditional sense of the word, it is a subordinate department of the State Council.
So this new policy is very heavy! Released a lot of "important signals", and you are closely related to the following see the detailed interpretation.
(People's Bank of China official website)
Question 1: Large cash regulation, how much money is considered large?
Public accounts: the starting point of the management amount are 500,000 yuan.
For private accounts: the starting point of the management amount is 100,000 yuan in Hebei Province, 300,000 yuan in Zhejiang Province, 200,000 yuan in Shenzhen.
Witty you, at this point must have thought: the large amount of money split into several small amounts were taken out, not to bypass the regulation?
So, the new policy for this idea, but also to do additional instructions: and must be split, cash hidden over the accounts and other regulatory circumvention, "pseudo large cash transactions" situation to develop preventive measures, both monitoring the single more than the starting amount of transactions, but also to monitor the cumulative more than the starting amount of transactions. The company's website has been updated with the latest information on the company's website, including a list of its products.
Question 2: When will it be fully implemented?
Now it's just a pilot draft for comment, which will be launched after it's passed next month, and the pilot will last for 2 years, not excluding the expansion of the pilot scope.
Question 3: Will withdrawals become difficult?
Does not affect the normal, reasonable cash needs, but subject to strict audit, management, registration. Cash withdrawn and deposited by bank customers above the starting amount should be registered at the time of business, and companies are required to provide a standardized cash journal.
Significant Signal 1: The extensive use of large amounts of cash carries a greater risk
The Central Bank said that in recent years, the rapid development of non-cash payments, but the demand for cash continues unabated. In particular, the extensive use of large amounts of cash, easy to be corruption, tax evasion, money laundering and other illegal and criminal activities to take advantage of the larger risks. Countries generally strengthen the management of large cash. China's large cash management has limited regulatory coverage, insufficient legal effect and other weak links, urgent need to strengthen.
In accordance with the requirements of the State Council, the Central Bank has studied specific measures to strengthen the management of large amounts of cash in China. China's economic and financial situation varies from region to region, part of the pilot is the current situation to promote the effective path of large cash management, help in controlling the risk of the premise of the verification of the best operational level program, and gradually promote the concept of rational use of cash for the establishment of a long-term mechanism for the management of large amounts of cash to lay the foundation.
"Private accounts to avoid taxes", "cash payroll to avoid personal taxes", popular for a long time, because it is really difficult to be found and regulated, the company has a boss, business people, financial name of the private account opened specifically The first is the "Dual Lifestyle", which is the most popular way to avoid tax.
With the bank's strong participation, it can be said that the last piece of the anti-evasion puzzle.
Significant Signal 2: Banking and Tax Interaction, Information **** Enjoyment
According to the document, the pilot bank requires banking financial institutions to report information on the large cash business, including cash withdrawals and appointments, access to the cash registers, graded audits, and risk information. Strengthen its own large cash analysis level, the large cash business information reported by banking financial institutions to distinguish between industry, use, amount of analysis, to grasp the large cash flow, pre-empt the large cash business risk. Under the premise of ensuring the security of personal information and strictly regulating the use of information, the information is exchanged and ****enjoyed with the relevant departments.
The pilot bank guided banking financial institutions to organically combine the reservation, registration, and risk prevention requirements with anti-money laundering large-value and suspicious transaction reporting, their own business processes, and information systems to realize the integration and aggregation of large-value cash business information, and to improve the efficiency and accuracy of information collection.
With the information of the large-value business transactions of the private and public accounts of the bank, combined with the information in the personal tax declaration system, it is possible to lock down the private account which belongs to the enterprise in the end.
This is under the information technology big data processing, compared to analyze the lock, these procedures are very easy to achieve, and definitely not alarmist.
Major Information 3: Specific industry enterprises large cash withdrawals set quota standards
The People's Bank of China Hangzhou Central Sub-branch of Zhejiang Province wholesale and retail, real estate sales, construction, automobile sales industry , respectively, to determine the amount of large cash withdrawals of the enterprises in each industry standard. Guidance to banking financial institutions for businesses beyond the amount of cash withdrawal business, guide the use of non-cash payment methods.
There is a need for large cash withdrawals, the banking financial institutions in the appointment process to strengthen the management of tips, in the withdrawal process to strengthen the authenticity of the transaction data audit, in the follow-up process to focus on the use of customer cash.
Zhejiang Province, housing and urban-rural construction (real estate) authorities to strengthen the housing transaction capital supervision, the strict implementation of the commodity housing pre-sale capital supervision system.
Major Signal 4: Non-Cash Payment Methods Monitoring in Place
The People's Bank of China Hangzhou Central Sub-branch of the Zhejiang Province, wholesale and retail, real estate sales, construction, automobile sales industry, respectively, to determine the amount of large cash withdrawals of the various sectors of the enterprise standards. Guidance for banking financial institutions for enterprises to exceed the amount of cash withdrawal business, to guide the use of non-cash payment methods.
There is a need for a large amount of cash withdrawals, the banking financial institutions in the reservation process to strengthen management tips, in the cash withdrawal process to strengthen the authenticity of the transaction data audit, in the follow-up process to focus on the use of the customer's cash.
The same is true for strengthening the regulation of capital flows, so why would you be so comfortable with non-cash payment methods?
The People's Bank of China (the central bank) in addition to regulating the major banks, as early as the end of 2017, WeChat Zaipuotong, Alipay and other third-party payment institutions "integrated" into the regulatory system. Now you can focus on cleaning up the "blind spot" of cash payments.
China's vast territory, cultural differences, economic and financial development is not balanced. Large cash management involves a wide range of influence. Based on this consideration, at this stage, in accordance with the first pilot after the promotion, the first easy after the difficult, the first access after the collection and payment of the idea of selecting the large cash business has a representative, large coverage, the total amount of a certain gradient, and the public **** service management and social management of the basis of a better part of the region, the banking financial institutions large cash access as an entry point, to create a large amount of cash management of the social atmosphere, and to actively cooperate with the specific industries, special areas of large cash receipts and payments and revenues. Large cash receipts and payments in specific industries, special areas and income declaration related departments to communicate, form *** knowledge, research measures, *** with the promotion of large cash integrated management measures, timely improvement of weak links and deficiencies, as soon as possible to form a replicable and popularized practical experience, for the next step in the national promotion of decision-making references.
In the case of the bank network and regulatory methods are available, monitoring the dynamics of personal funds has not been difficult, the difficulty is that the flow of large amounts of cash is more difficult to grasp, but the state of the flow of large amounts of cash to take a shot!
In fact, this is not the first time that the central bank to regulate large amounts of cash, remember July 1, 2017 implementation of the People's Bank of China on the non-bank payment institutions to carry out the work of large transaction reporting requirements of the notice policy?
Non-bank payment institutions should calculate and report the following large-value transactions on a customer-by-customer basis, on a unilateral cumulative basis of fund income or expenditure:
In short these cases, will be focused on regulation!