first
In order to strengthen the supervision of capital adequacy ratio of commercial banks and promote the safe and steady operation of commercial banks, these Measures are formulated in accordance with the Banking Supervision Law of the People's Republic of China, the Law of People's Republic of China (PRC) on Commercial Banks and the Regulations of People's Republic of China (PRC) on the Administration of Foreign Banks.
second
These Measures shall apply to commercial banks established in People's Republic of China (PRC), including Chinese-funded banks, wholly foreign-owned banks and Sino-foreign joint venture banks.
essay
The capital adequacy ratio in these Measures refers to the ratio between the capital held by commercial banks and the risk-weighted assets of commercial banks that meet the requirements of these Measures.
The core capital adequacy ratio of commercial banks refers to the ratio of core capital held by commercial banks to risk-weighted assets.
Article 4
The calculation of capital adequacy ratio of commercial banks should be based on the full provision of loan losses and other losses.
Article 5
Commercial bank capital should resist credit risk and market risk.
Article 6
Commercial banks should calculate the capital adequacy ratio of both consolidated and non-consolidated statements.
Article 7
The capital adequacy ratio of commercial banks shall not be less than 8%, and the core capital adequacy ratio shall not be less than 4%.
Article 8
China Banking Regulatory Commission (hereinafter referred to as CBRC) shall supervise and inspect the capital adequacy ratio and capital management of commercial banks in accordance with these Measures.
Article 9
Commercial banks shall disclose capital adequacy ratio information in accordance with these measures. suitable
Article 10
When calculating the consolidated capital adequacy ratio, commercial banks should include the following institutions in the consolidated scope:
(1) Invested financial institutions in which commercial banks have more than half (excluding half) equity capital, including:
1. Invested financial institutions in which commercial banks directly own more than half of the equity capital;
2. Invested financial institutions with more than half of equity capital owned by wholly-owned subsidiaries of commercial banks;
3. A commercial bank and its wholly-owned subsidiary * * * are all invested financial institutions with more than half of equity capital.
(2) The equity capital owned by a commercial bank does not exceed half, but it should be included in the consolidated scope if it is under any of the following circumstances with the invested financial institution:
1. Hold more than half of the voting rights of this institution through agreements with other investors;
2. According to the articles of association or agreement, have the right to control the financial and business policies of this institution;
3. Have the right to appoint or remove most members of the board of directors of this institution or similar authority;
4. Have more than half of the voting rights in the board of directors of this institution or similar institutions.
Institutions that can be excluded from the scope of merger include: financial institutions that have closed down or declared bankruptcy; Financial institutions that enter liquidation procedures due to termination; Financial institutions that decide to sell within one year and hold more than half of equity capital in the short term; Overseas affiliated financial institutions that are affected by unexpected events such as foreign exchange control in the host country and whose capital dispatch is restricted.
Article 11
Calculation formula of capital adequacy ratio of commercial banks;
Capital adequacy ratio = (capital deduction)/(risk-weighted assets+12.5 times market risk capital)
Core capital adequacy ratio = (core capital-core capital deduction)/(risk-weighted assets+12.5 times market risk capital)
Article 12
The capital of commercial banks includes core capital and secondary capital.
Core capital includes paid-in capital or common stock, capital reserve, surplus reserve, undistributed profit and minority shareholders' rights and interests.
Tier 2 capital includes revaluation reserve, general reserve, preferred stock, convertible bonds, mixed securities and long-term subordinated debt.
Positive changes in the fair value of available-for-sale bonds included in owners' equity can be included in tier 2 capital, and the included part shall not exceed 50% of the positive changes; If it exceeds, it will be deducted from the secondary capital. When calculating the capital adequacy ratio, commercial banks should transfer the fair value of available-for-sale bonds included in the capital reserve from the core capital.
Article 13
The secondary capital of a commercial bank shall not exceed100% of the core capital; Long-term subordinated debt included in tier 2 capital shall not exceed 50% of core capital.
Article 14
When calculating the capital adequacy ratio, a commercial bank shall deduct the following items from its capital:
(1) goodwill;
(2) Capital investment of commercial banks in financial institutions that are not consolidated.
(3) Capital investment of commercial banks in non-self-use real estate and enterprises.
Article 15
When calculating the core capital adequacy ratio, commercial banks should deduct the following items from the core capital:
(1) goodwill;
(2) 50% of the capital investment of commercial banks in financial institutions that are not consolidated;
(3) Commercial banks invest 50% of non-self-use real estate and enterprise capital.
Article 16
When calculating the risk-weighted assets of various loans, commercial banks should first deduct special reserves from the book value of loans; The provision for impairment of other assets shall also be deducted from the book value of the corresponding assets.
Article 17
The risk weight of commercial banks' overseas claims is based on the external credit rating results of corresponding countries or regions. When different rating companies have different rating results for the same country or region, they should choose a lower rating result.
(1) Creditor's rights to the governments of other countries or regions, where the rating of the country or region is above AA- (including AA-), the risk weight is 0%, and below AA-, the risk weight is100%;
(2) For the creditor's rights of overseas commercial banks and securities companies, the risk weight is 20% if the rating of the country or region where it is registered is above AA- (including AA-), and100% if it is below AA-;
(3) For the creditor's rights of public enterprises invested by the governments of other countries or regions, the risk weight is 50% if the rating of the country or region is above AA- (including AA-), and 100% if it is below AA-.
Article 18
The risk weight of commercial banks to the creditor's rights of multilateral development banks is 0%.
Article 19
The risk weight of commercial banks to the local and foreign currency claims of China Central Government and China People's Bank is 0%.
The risk weight of commercial banks to the creditor's rights of public enterprises invested by the central government of China is 50%.
Article 20
The risk weight of commercial banks to the creditor's rights of China's policy banks is 0%.
Article 21
The risk weight of the creditor's rights of commercial banks to other domestic commercial banks is 20%, of which the risk weight of the creditor's rights with an original term of less than 4 months (including 4 months) is 0%.
The risk weight of commercial banks holding mixed securities and long-term subordinated debts issued by other domestic commercial banks is 100%.
Article 22
The risk weight of commercial banks to bonds issued by financial asset management companies invested by the central government for purchasing non-performing loans of state-owned banks is 0%.
The risk weight of commercial banks to other claims of financial asset management companies invested by China's central government is 100%.
Article 23
The risk weight of commercial banks to assets such as corporate and individual creditor's rights is 100%.
Article 24
The risk weight of individual housing mortgage loan is 50%.
Article 25
The following substances have risk slow release effect:
(1) Cash in the form of special account, deposit or deposit;
(2) gold;
(3) bank deposit certificate;
(4) Treasury bonds issued by the Ministry of Finance of China;
(5) Bills issued by the People's Bank of China;
(6) Bonds, bills and acceptance bills issued by policy banks and commercial banks in China;
(7) Corporate bonds, bills and acceptance bills issued by public enterprises invested by the central government of China;
(8) Bonds issued by governments of countries or regions above AA- (including AA-), bonds, bills and acceptance bills issued by commercial banks, securities companies registered in the country or region, and public enterprises invested by the government;
(9) Bonds issued by multilateral development banks.
Loans pledged by the pledged materials listed in the preceding paragraph shall obtain the same risk weight as the pledged materials, or the risk weight of the direct creditor's rights of the issuer or acceptor of the pledged materials. For some pledged loans, the part protected by collateral will be given corresponding low-risk weight.
Article 26
The guarantee provided by the following guarantee entities has the function of risk mitigation:
(1) Policy banks and commercial banks in China;
(two) with the approval of the State Council, to use loans from foreign governments or international economic organizations;
(3) Public enterprises invested by the central government of China;
(4) Governments of countries or regions with ratings above AA- (including AA-), commercial banks registered in these countries or regions, and public enterprises investing in these countries or regions;
(5) Multilateral development banks.
For the loan fully guaranteed by the guarantor listed in the preceding paragraph, the risk weight of the guarantor's direct creditor's rights is obtained. For some secured loans, the secured part is given the corresponding low-risk weight.
Article 27
Commercial banks should withdraw their capital from the credit risk of off-balance sheet business.
Commercial banks should multiply the nominal principal amount of off-balance-sheet items by the credit conversion coefficient to obtain the risk assets equivalent to the on-balance-sheet items, and then determine the risk weight according to the attributes of the transaction objects to calculate the risk-weighted assets corresponding to the off-balance-sheet items.
The risk-weighted assets of exchange rate, interest rate and other derivative contracts are calculated by the current risk exposure method.
Article 28
Commercial banks should recover their capital against market risks.
Market risk refers to the risk of loss of positions inside and outside the balance sheet due to changes in market prices. The market risks mentioned in these Measures include the following risks: risks involved in various financial instruments and stocks affected by the interest rate of trading accounts, all foreign exchange risks and commodity risks of commercial banks.
Article 29
Commercial banks shall set up trading accounts in accordance with the provisions of these Measures, and all items in the trading accounts shall be priced at market prices.
Trading accounts include: financial instrument positions that commercial banks engage in self-management and hold for a short period of time, which are planned to be sold in the future or plan to profit from actual or expected bid-ask spreads, other price and interest rate changes; Positions held for the execution of trading entrustment and market making of customers; A position held to avoid the risk of other items in the trading account.
Article 30
Commercial banks whose total trading account positions are higher than 65,438+00% of the total assets on and off the balance sheet or more than 8.5 billion yuan should accrue market risk capital.
Article 31
Commercial banks that do not need to withdraw market risk capital according to these measures must report their market risk positions to the CBRC on a quarterly basis.
Article 32
Commercial banks should calculate market risk capital in accordance with the standard methods stipulated in these Measures. With the approval of CBRC, commercial banks can use internal model method to calculate market risk capital. Supervision and inspection
Article 33 The board of directors of a commercial bank bears the ultimate responsibility for the capital adequacy ratio management of the bank, and is responsible for determining the capital adequacy ratio management objectives, approving the risk tolerance, formulating the capital plan and supervising the implementation. If the board of directors is not established, the president shall be responsible.
Article 34 The senior management of a commercial bank is responsible for the implementation of capital adequacy ratio management, including formulating the rules and regulations of the bank's capital adequacy ratio management, improving the identification, measurement and reporting procedures of credit risk and market risk, regularly evaluating the level of capital adequacy ratio, establishing the corresponding capital management mechanism, strengthening the inspection and audit of capital evaluation procedures, and ensuring the effective implementation of various monitoring measures.
Article 35 A commercial bank shall report the consolidated and non-consolidated capital adequacy ratio to the CBRC. The consolidated capital adequacy ratio is submitted once every six months, and the non-consolidated capital adequacy ratio is submitted once every quarter. In case of particularly important matters affecting the capital adequacy ratio, it shall report to the CBRC in a timely manner.
Article 36 The CBRC shall conduct on-site inspection and off-site monitoring on the capital adequacy ratio of commercial banks. The inspection contents mainly include:
(1) The formulation and implementation of relevant rules and regulations on capital adequacy ratio of commercial banks;
(2) Capital planning and implementation of commercial banks to maintain capital adequacy ratio, and the ability and means to monitor capital level;
(3) Credit risk and market risk of commercial banks.
(4) Whether the establishment of trading accounts and project pricing of commercial banks comply with the provisions of these Measures.
Article 37 According to the risk status and risk management ability of commercial banks, the CBRC may require a single bank to raise the minimum capital adequacy ratio.
Article 38 According to the capital adequacy ratio, the CBRC will classify commercial banks into three categories:
(1) Commercial banks with sufficient capital: the capital adequacy ratio is not less than 8%, and the core capital adequacy ratio is not less than 4%.
(2) Commercial banks with insufficient capital: the capital adequacy ratio is less than 8% or the core capital adequacy ratio is less than 4%;
(3) Commercial banks with serious capital shortage: the capital adequacy ratio is less than 4%, or the core capital adequacy ratio is less than 2%.
Article 39 For commercial banks with sufficient capital, the CBRC will support them to develop their business steadily. To prevent its capital adequacy ratio from falling below the minimum standard, the CBRC may take the following intervention measures:
(1) Require commercial banks to improve risk management rules and regulations;
(2) Require commercial banks to improve their risk control capabilities;
(3) require commercial banks to strengthen the analysis and prediction of capital adequacy ratio;
(4) Require commercial banks to make feasible capital maintenance plans and restrict commercial banks from getting involved in some high-risk businesses.
Article 40 For commercial banks with insufficient capital, the CBRC may take the following corrective measures:
(1) Issuing regulatory opinions. The contents of the supervision opinions include: an explanation of the present situation of capital adequacy ratio of commercial banks, the proposed rectification measures and the detailed implementation plan of each measure.
(2) Require commercial banks to formulate feasible capital replenishment plans within 2 months after receiving the regulatory opinions of the CBRC.
(3) Require commercial banks to limit asset growth.
(4) Require commercial banks to reduce the scale of risky assets.
(5) Require commercial banks to restrict the purchase of fixed assets.
(6) Strictly examine and approve or restrict commercial banks to set up new institutions and start new businesses.
If a commercial bank fails to make corrections within the time limit after taking the rectification measures specified in the preceding paragraph, and its behavior has seriously endangered the stable operation of commercial banks and damaged the legitimate rights and interests of depositors and other customers, the CBRC has the right to take measures such as restricting the distribution of dividends and other income by commercial banks, ordering commercial banks to stop all businesses except low-risk businesses, and stopping commercial banks from adding institutions and starting new businesses according to the degree of risk and capital replenishment plan.
Article 41 For commercial banks with serious capital shortage, in addition to the measures listed in Article 40 of these Measures, the CBRC may also take the following measures:
(1) Require commercial banks to adjust their senior management personnel.
(two) to take over the commercial bank according to law or to promote institutional restructuring until it is revoked.
When dealing with such commercial banks, the CBRC will also comprehensively consider external factors and take other necessary measures. information disclosure
Article 42 The board of directors of a commercial bank is responsible for the information disclosure of the bank's capital adequacy ratio. If there is no board of directors, the president shall be responsible. The content of information disclosure must be approved by the board of directors or the president.
Article 43 Information disclosure of capital adequacy ratio mainly includes the following five aspects: risk management objectives and policies, consolidated scope, capital, capital adequacy ratio, credit risk and market risk. For projects involving commercial secrets that cannot be disclosed, commercial banks can disclose the overall situation of the project and explain the reasons why special projects cannot be disclosed.
Article 44 The information disclosure time of capital adequacy ratio of commercial banks shall be within 4 months after the end of each fiscal year. If it cannot be disclosed on time due to special reasons, it shall apply to the CBRC for an extension at least 15 working days in advance.
Article 45 Information on capital adequacy ratio of commercial banks shall be submitted to the CBRC before disclosure.
Article 46 A commercial bank shall publish the information required to be disclosed in these Measures at its main business place, and ensure that shareholders and relevant interested parties can obtain it in time. supplementary terms
Article 47 These Measures shall apply mutatis mutandis to the calculation, supervision and inspection of capital adequacy ratio and information disclosure of wholly foreign-owned financial companies and joint venture financial companies. Branches of foreign banks in China shall calculate RMB risk-weighted assets with reference to the risk weights specified in these Measures.
The calculation, supervision and management of the capital adequacy ratio of policy banks shall refer to the provisions of these Measures, but there is no uniform requirement for the disclosure of the capital adequacy ratio of policy banks.
Article 48 Annexes 1, 2, 3, 4 and 5 are integral parts of these Measures. The relevant contents of the annex are as follows:
Annex 1: definition of capital;
(2) Appendix 2: Risk Weight Table of Assets in the Table;
(3) Appendix 3: Credit conversion coefficient of off-balance sheet items and definitions of off-balance sheet items;
(4) Appendix 4: Standard method for calculating market risk capital requirements;
(5) Annex V: Contents of information disclosure.
Article 49 These Measures adopt the AA- rating symbol of Standard & Poor's, but it does not stipulate that commercial banks can choose external credit rating companies. Commercial banks can independently choose the rating results of rating companies and maintain continuity.
Article 50 Creditors' rights to the governments of other countries or regions include creditors' rights to the governments of these countries or regions, central banks and other institutions equivalent to governments. The definition of an institution equivalent to the government shall be subject to the provisions of the local banking regulatory agency.
Article 51 Equity capital refers to the capital that can participate in the operation and management of the company and have the right to vote on the operation decision.
Fifty-second public enterprises refer to operators involved in public utilities, including operators in water supply, power supply, heating, gas supply, postal services, telecommunications, transportation and other industries. Public enterprises are mainly distributed in the basic industries of national economy, and most of them are responsible for providing services to the public. These enterprises are usually established by the state through government financial means, and the investment scale is huge.
Article 53 The CBRC shall be responsible for the interpretation of these Measures.
Article 54 These Measures shall come into force as of March 6, 2004.
Attachment: 1 Definition of capital (omitted)
2. Balance sheet risk weight (omitted)
3. Credit conversion coefficient of off-balance sheet items and definition of off-balance sheet items (omitted)
4. Standard method for calculating market risk capital requirements (omitted)
5. Contents of information disclosure (omitted)