(a) the main prudential supervision indicators meet the regulatory requirements;
(2) Operating in compliance with laws and regulations, with sound and effective internal control system and good operating conditions;
(3) Having foreign exchange working capital and qualified foreign exchange practitioners suitable for the declaration of foreign exchange business;
(4) Having business premises and related facilities that meet the requirements for foreign exchange business;
(5) Other prudential conditions stipulated by the CBRC.
Article 63 State-owned commercial banks, postal savings banks and joint-stock commercial banks applying for foreign exchange business other than settlement and sale of foreign exchange or increasing the variety of foreign exchange business shall be accepted, examined and decided by the CBRC. The CBRC shall make a written decision on approval or disapproval within 3 months from the date of acceptance.
City commercial banks to apply for foreign exchange business or increase the variety of foreign exchange business, accepted by the local banking regulatory branch or the local banking regulatory bureau, the banking regulatory bureau to review and decide. The banking regulatory bureau shall make a written decision on approval or disapproval within 3 months from the date of receipt of complete application materials or direct acceptance. Article 64 A Chinese-funded commercial bank shall meet the following conditions when raising subordinated term debt, issuing subordinated bonds, hybrid securities, financial bonds and other debt and capital replenishment tools that must be approved by the CBRC according to law:
(1) Having a good corporate governance structure;
(two) the main prudential supervision indicators meet the regulatory requirements;
(3) The loan risk classification results are true and accurate;
(4) The provision coverage ratio is up to standard, and the loan loss reserve is sufficient.
(5) There are no serious violations of laws and regulations and major cases caused by internal management problems in the last three years;
(6) Other prudential conditions as stipulated in the rules of the CBRC.
Article 65 Applications by state-owned commercial banks, postal savings banks and joint-stock commercial banks to raise subordinated term debts, issue subordinated bonds, hybrid securities or financial bonds and other debt and capital supplementary instruments shall be accepted, examined and decided by the CBRC. The CBRC shall make a written decision on approval or disapproval within 3 months from the date of acceptance.
City commercial banks applying for raising subordinated term debt, issuing subordinated bonds, hybrid securities or financial bonds and other debt and capital replenishment tools shall be accepted, examined and decided by the local banking regulatory bureau. The local banking regulatory bureau shall make a written decision on approval or disapproval within 3 months from the date of acceptance. Article 66 The qualifications of Chinese-funded commercial banks engaged in derivative trading business are divided into the following two categories:
(1) Basic qualification: only hedging derivatives can be traded;
(2) General qualification: In addition to the basic qualification, you can also engage in non-hedging derivatives trading.
Article 67 A Chinese-funded commercial bank applying for the transaction of basic derivatives shall meet the following conditions:
(1) It has a sound risk management system and internal control system for derivatives trading;
(2) There shall be at least two traders who have received special training in related derivatives trading skills for more than half a year and engaged in derivatives or related transactions for more than two years, at least 1 related risk managers, at least 1 risk model researchers or risk analysts, and at least 1 personnel who are familiar with hedging accounting operation procedures and system specifications, all of whom need special personnel to be responsible, and part-time jobs are not allowed.
(3) Having proper trading places and equipment;
(4) Having professional departments and relevant professionals who handle legal affairs and are responsible for internal control and compliance inspection;
(five) the main prudential supervision indicators meet the regulatory requirements;
(6) Other prudential conditions as stipulated in the rules of the CBRC.
Article 68 A Chinese-funded commercial bank applying for ordinary derivative products business shall meet the following conditions in addition to those stipulated in Article 67 of these Measures:
(1) Perfect business processing system and real-time risk management system for automatic connection before, during and after derivatives trading;
(2) The person in charge of derivative trading business shall have more than 5 years' experience of directly participating in derivative trading activities or risk management, and have no bad records;
(3) Strict business separation system to ensure effective separation of market information, risk management and profit and loss accounting between hedging business and non-hedging business;
(4) A sound risk management framework, including market risk, operational risk and credit risk;
(5) Other prudential conditions stipulated by the CBRC.
Article 69 State-owned commercial banks, postal savings banks and joint-stock commercial banks applying for derivatives trading business shall be accepted, examined and decided by the CBRC. The CBRC shall make a written decision on approval or disapproval within 3 months from the date of acceptance.
City commercial banks applying for derivatives trading business shall be accepted, examined and decided by the local banking regulatory bureau. The local banking regulatory bureau shall make a written decision on approval or disapproval within 3 months from the date of acceptance. Article 70 Chinese-funded commercial banks can apply for credit card business, which can be divided into card issuing business and acquiring business. The applicant shall meet the following conditions:
(1) The corporate governance is good, the main prudential supervision indicators meet the regulatory requirements, the organizational structure and rules and regulations are suitable for business development, and the internal control, risk management and accountability mechanisms are sound and effective;
(2) It has a good reputation, has a sound and effective internal control mechanism and case prevention and control system, and has no serious violations of laws and regulations and major cases caused by internal management problems in the last three years;
(3) Having directors, senior managers and qualified employees who are familiar with banking business. At least 1 senior management personnel with professional knowledge and management experience in credit card business, technical personnel and management personnel necessary to carry out credit card business, and fully implement hierarchical authorization management;
(4) Having business premises, relevant facilities and necessary information technology resources suitable for business operation;
(five) to establish business systems in China that meet the requirements of laws, regulations and business management, and have the technical ability to ensure the information security and operation quality of related business systems;
(six) to start foreign currency credit card business, it shall have the qualification of foreign exchange settlement and sale approved by the foreign exchange administration department of the State Council;
(7) Other prudential conditions as stipulated in the rules of the CBRC.
Article 71 A Chinese-funded commercial bank applying for credit card issuance business shall meet the following conditions in addition to those stipulated in Article 70 of these Measures:
(1) It has a good retail business foundation, a stable personal deposit and loan business scale and business structure in the last three years, a good personal deposit and loan business customer scale and customer structure, a good bank card business operation, and a good connection and use of the identity document verification system and the credit information system;
(2) It has a professional system for handling credit card business, and has established professional operation infrastructures such as card issuing business mainframe, credit card business application management system, credit evaluation management system, credit card account management system, credit card transaction authorization system, credit card transaction monitoring and counterfeit transaction early warning system, credit card customer service center system and collection business management system in China, and the relevant facilities can ensure the integrity and security of customer data and business data through necessary safety monitoring and business testing;
(3) It conforms to the overall business strategy and development plan of Chinese-funded commercial banks, is conducive to improving the overall business competitiveness, and can continuously carry out business cost measurement, business scale monitoring and basic break-even calculation according to the actual situation of business development.
Article 72 A Chinese-funded commercial bank applying for credit card acquiring business shall meet the following conditions in addition to those stipulated in Article 70 of these Measures:
(1) It has a good foundation of acquiring business, the scale and structure of enterprise loan business are stable in the last three years, the scale and structure of enterprise loan customers are relatively stable, and the connection and use of identity document verification system and credit information system are in good condition;
(2) It has the support of professional acquiring business system, and has established professional operating infrastructure in China, such as acquiring business mainframe, special merchant application management system, account management system, acquiring transaction monitoring and counterfeit transaction early warning system, transaction authorization system, etc., and the relevant facilities have passed the necessary safety inspection and business test, which can ensure the integrity and security of customer data and business data;
(3) It conforms to the overall business strategy and development plan of Chinese-funded commercial banks, is conducive to improving business competitiveness, and can continuously carry out business cost measurement, business scale monitoring and basic break-even calculation according to the actual situation of business development.
Article 73 Applications for credit card business by state-owned commercial banks, postal savings banks and joint-stock commercial banks shall be accepted, examined and decided by the CBRC. The CBRC shall make a written decision on approval or disapproval within 3 months from the date of acceptance.
City commercial banks applying for credit card business shall be accepted, examined and decided by the local banking regulatory bureau. The local banking regulatory bureau shall make a written decision on approval or disapproval within 3 months from the date of acceptance. Article 74 A Chinese-funded commercial bank applying for establishing an offshore bank or increasing its business types shall meet the following conditions:
(a) the main prudential supervision indicators meet the regulatory requirements;
(2) The risk management and internal control systems are sound and effective.
(3) Its foreign exchange assets have reached the prescribed scale and its foreign exchange business performance is good;
(4) Foreign exchange practitioners meet the requirements of developing offshore banks and have no bad records in previous business activities, among which the person in charge shall be engaged in foreign exchange business for more than 5 years, and at least 50% of other employees shall be engaged in foreign exchange business for more than 3 years;
(5) Having sites and facilities that meet the requirements of offshore banks;
(6) There are no serious violations of laws and regulations and major cases caused by internal management problems in the last three years;
(7) Other prudential conditions as stipulated in the rules of the CBRC.
Article 75 State-owned commercial banks, postal savings banks and joint-stock commercial banks applying for the establishment of offshore banks or increasing their business types shall be accepted, examined and decided by the CBRC. The CBRC shall make a written decision on approval or disapproval within 3 months from the date of acceptance.
City commercial banks applying for the establishment of offshore banks or increasing their business varieties shall be accepted, examined and decided by the local banking regulatory bureau. The local banking regulatory bureau shall make a written decision on approval or disapproval within 3 months from the date of acceptance. Article 76 State-owned commercial banks, postal savings banks and joint-stock commercial banks applying for offering other businesses and varieties as stipulated by existing laws and regulations shall be accepted, examined and decided by the CBRC. The CBRC shall make a written decision on approval or disapproval within 3 months from the date of acceptance.
City commercial banks applying for other businesses and varieties clearly stipulated by existing laws and regulations shall be accepted by the local banking regulatory branch or the local banking regulatory bureau, and the banking regulatory bureau shall review and decide. The banking regulatory bureau shall make a written decision on approval or disapproval within 3 months from the date of receipt of complete application materials or direct acceptance.
Article 77 A Chinese-funded commercial bank shall meet the following conditions when applying for offering services and varieties that are not clearly stipulated in the current laws and regulations:
(1) The company has good governance, has an organizational structure and rules and regulations that are suitable for business development, and has a sound and effective internal system, risk management and accountability mechanism;
(2) Do not conflict with existing laws and regulations;
(three) the main prudential supervision indicators meet the regulatory requirements;
(4) Conforming to the strategic development orientation and direction of the bank;
(five) with the consent of the board of directors and issued a written opinion;
(6) Having technicians and management personnel necessary for conducting business, and fully implementing hierarchical authorization management;
(7) Having business premises and related facilities suitable for business operation;
(8) It has a safe and compliant information technology system necessary for conducting business, and has technologies and measures to ensure the effective and safe operation of the information technology system;
(9) There have been no serious violations of laws and regulations and major cases caused by internal management problems in the last three years;
(10) Other prudential conditions stipulated by the CBRC.
State-owned commercial banks, postal savings banks and joint-stock commercial banks applying for the services and varieties mentioned in this article shall be accepted, examined and decided by the CBRC. The CBRC shall make a written decision on approval or disapproval within 3 months from the date of acceptance.
City commercial banks applying for the services and varieties mentioned in this article shall be accepted, examined and decided by the banking regulatory bureau where the institution is located. The banking regulatory bureau shall make a written decision on approval or disapproval within 3 months from the date of acceptance.