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Formulated in accordance with China's relevant financial laws and regulations and issued for implementation on March 24, 2000, clarifying the management measures for senior managerial qualifications of financial institutions

Administrative Measures for the Qualifications of Senior Managers of Financial Institutions

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Chinese name: Administrative Measures for the Qualifications of Senior Managers of Financial Institutions
Implementation: March 24, 2000

Types of: Management approach
Object: Senior managers of financial institutions

Decree of the People's Bank of China

[2000] No. 1

Pursuant to the People s Bank of China Law and the People s Republic of China Commercial Bank Law and other relevant financial laws and regulations, the People s Bank of China has formulated the Administrative Measures for Senior Management Qualifications of Financial Institutions, which are now promulgated for implementation.

Dai Xianglong

March 24, 2000

Administrative Measures for the Qualifications of Senior Managers of Financial Institutions

General

Article 1 In order to strengthen the management of senior management personnel of financial institutions and ensure the stable operation of the financial industry, these Measures are formulated in accordance with the "People's Bank of China Law", the "Commercial Banking Law of the People's Republic of China" and other relevant laws and regulations. .

Article 2 Financial institutions referred to in these measures refer to banks, financial asset management companies, trust and investment companies, enterprise group finance companies, financial leasing companies, urban credit cooperatives and other institutions established in accordance with the law with the approval of the People's Bank of China within the territory of the People's Republic of China. Unions, rural credit cooperatives and their associations, and other financial institutions.

The above-mentioned financial institutions shall be governed by the branches, subsidiaries, and holding institutions established overseas with the approval of the People s Bank of China, and other banking institutions established by the People s Bank of China with the approval of the People s Bank of China.

The above financial institutions do not include foreign financial institutions established in China.

Article 3. The senior management personnel of financial institutions as mentioned in these Measures refer to the legal representatives of financial institutions and persons who have decision-making power on business management or who play an important role in risk control.

Article 4 Personnel holding senior management positions in financial institutions shall accept and pass the post qualification examination of the People's Bank of China.

The People's Bank of China's examination of the qualifications of senior management personnel of financial institutions is divided into two types: the approval system and the filing system. Senior management personnel applying the approval system shall obtain the qualification approval document of the People's Bank of China before appointment; senior management personnel applying the filing system shall be reported to the People's Bank of China for the record before appointment.

Article 5: The People's Bank of China manages the qualifications of senior management personnel of financial institutions, including the review of qualifications, assessment during the period of service, cancellation of qualifications and management of qualification files.

Qualifications

Article 6: The legal representative of a financial institution shall be a citizen of the People's Republic of China.

Article 7: Senior management personnel of financial institutions shall meet the following conditions:

(1) Being able to correctly implement the country's economic and financial policies and policies;

(2) Familiar with and abide by relevant economic and financial laws and regulations;

(3) Having professional knowledge and working experience suitable for the position;

(4) Possesses organizational management and business capabilities commensurate with the position;

(5) It has the qualities of fairness, honesty, and integrity, and has a decent work style.

Article 8: Approval system applies to senior management personnel of financial institutions holding the following positions. In addition to meeting the conditions stipulated in Articles 6 and 7, the following conditions shall also be met:

(1) As the chairman, deputy chairman, president, and vice president of a policy bank, they should have a bachelor degree or above, including a bachelor's degree, and have worked in finance for more than 8 years, or have worked in economics for more than 15 years (including 3 years in finance) the above);

As the general manager (director) of the business department of the head office, the president and deputy president of the first-level branch, the domestic representative office, the office director, deputy director, and the chief representative, they should have a bachelor degree or above, including a bachelor's degree, and have worked in finance for more than 6 years. Or have been engaged in economic work for more than 12 years (including 3 years in financial industry);

As the general manager (director) of the business department of the first-level branch, the president and vice-president of the second-level branch should have a college education (including a college degree), and have worked in the financial industry for more than 6 years, or have been engaged in economic work for more than 9 years (including 3 in the financial industry) Years or more);

As the president of a sub-branch, you should have a high school, technical secondary school or higher education (including high school, technical secondary school) education, have worked in finance for more than 6 years, or have been engaged in economic work for more than 9 years (including more than 3 years in finance).

(2) As chairman, deputy chairman, president, and deputy president of a wholly state-owned commercial bank, they must have a bachelor's degree or above, including a bachelor's degree, and have worked in finance for more than 10 years, or have engaged in economic work for more than 15 years (including 5 in the financial industry) Years or more);

As the general manager and deputy general manager (director, deputy director) of the head office's business department, the president and deputy president of the first-level branch (including direct branches, the same below), should have a bachelor degree or above (including a bachelor's degree), and have been in finance for more than 8 years , Or engaged in economic work for more than 12 years (including 5 years in financial industry);

As the general manager, deputy general manager (director, deputy director) of the business department of the first-level branch, the president and deputy president of the second-level branch, they should have a college degree or above (including a college degree), have worked in finance for more than 6 years, or have engaged in economic work 9 Years (including 4 years in financial industry);

The scope and conditions for approving the qualifications of senior managers of financial asset management companies shall be handled in the same manner as for wholly state-owned commercial banks.

(3) As the chairman, deputy chairman, supervisor, president, and deputy president of joint-stock commercial banks and city commercial banks, they must have a bachelor degree or above, including a bachelor's degree, and have worked in finance for more than 8 years, or have worked in economics for 12 years. Above (including 5 years in financial industry);

As the general manager (director) of the head office business department of a joint-stock commercial bank, the branch president, deputy president, and the president of a branch directly under another site, he should have a college degree or above (including a college degree), and have worked in finance for more than 6 years, or have engaged in economic work for more than 9 years (Of which, the financial industry has been in business for more than 4 years);

As the president of other branches of joint-stock commercial banks, the general manager (director) of the commercial department of the city commercial bank, and the president of the branch, they should have a high school, technical secondary school or higher (including high school, technical secondary school) education, have worked in finance for more than 6 years, or have engaged in economic work More than 9 years (including 3 years in financial industry).

The scope and conditions for approving the qualifications of senior managers of housing savings banks shall be handled in the same way as for joint-stock commercial banks.

(4) As chairman, vice chairman, chairman of the board of supervisors, general manager and deputy general manager of trust and investment companies, corporate group finance companies, financial leasing companies, they should have a bachelor degree or above (including a bachelor's degree), and have been in finance for more than 6 years, or Engaged in economic work for more than 9 years (including 3 years in financial industry).

(5) As the chairman, deputy chairman, supervisor, director and deputy director of the urban (rural) credit union city (prefecture) association, he or she should have a college degree or above, including a college degree, and have worked in finance for more than 6 years, or engaged in economic work for 9 years Above (including 3 years in financial industry);

As the chairman, deputy director, director, and deputy director of the county (city) Associated Press, they should have a technical secondary school or higher education (including a technical secondary school), have worked in finance for more than 6 years, or have been engaged in economic work for more than 9 years (including 3 years in finance) the above);

As the chairman and director of urban and rural credit cooperatives, they should have a high school, technical secondary school or higher education (including high school, technical secondary school) education, have worked in finance for more than 6 years, or have worked in economics for more than 9 years (including more than 3 years in finance).

(6) As the chairman, deputy chairman, chairman of the board of supervisors, president (general manager), and deputy president (deputy general manager) assigned by the Chinese side of overseas Chinese-funded banking institutions, they must have a bachelor's degree or above (including a bachelor's degree), and finance Have been in the business for more than 8 years, or have been engaged in economic work for more than 12 years (including 5 years in the financial industry), can use a foreign language that is appropriate to the job;

As the chief representative and chief representative of an overseas Chinese-funded banking institution, he should have a bachelor degree or above, including a bachelor's degree of 6 years or above, or have been engaged in economic work for 9 years or more. foreign language.

(7) The approval scope and conditions for the qualifications of senior managers of other financial institutions shall be handled in accordance with similar financial institutions.

Article 9 (1) For a person who is a candidate for a senior management position in a financial institution that is indeed a work requirement but does not fully meet the requirements of Article 8, if the person has the professional skills required for the proposed position, the People's Bank of China may review the case on a case-by-case basis.

Article 10: The examination of the qualifications of cadres belonging to the Central Committee of the Communist Party of China and the State Council among senior managers of financial institutions shall be separately stipulated by the People's Bank of China in conjunction with relevant central departments.

The qualifications of the supervisors and deputy supervisors of the board of supervisors of the state-sponsored financial institutions shall be determined in accordance with the Interim Regulations of the Supervisory Board of State-owned Key Financial Institutions.

Article 11 : Senior management personnel of financial institutions holding the following positions shall apply the filing system:

(1) Directors of policy banks, wholly state-owned commercial banks, assistant presidents, chief auditors, chief accountants, general managers of credit, accounting, and internal audit departments, assistants to the presidents, chief auditors, chief accountants, and vice presidents of sub-branches , The first person in charge of a branch of a state-owned commercial bank (excluding sub-branches).

The scope of filing for senior management personnel of financial asset management companies shall be handled in the same manner as a wholly state-owned commercial bank.

(2) Deputy Supervisors, Directors, Assistant Presidents, Chief Auditors, Chief Accountants, General Managers of Credit, Accounting, and Internal Audit Departments of Joint-stock Commercial Banks, Deputy Governors of Sub-branches (including sub-branches directly under different locations); Deputy Supervisors of Urban Commercial Banks, Director, general manager of credit, financial accounting, internal audit department, and vice president of the branch.

The scope of filing for senior managers of the Housing Savings Bank shall be handled in the same way as for a joint-stock commercial bank.

(3) Trust and investment companies, enterprise group finance companies, deputy supervisors of financial leasing companies, general managers (directors, chief representatives) of branches (including representative offices).

(4) The chairman of the county (city) association of urban and rural credit cooperatives, the deputy director and deputy director of the urban and rural credit cooperatives.

(5) Deputy supervisors and directors dispatched by the Chinese side of overseas Chinese-funded banking institutions.

(6) Other senior management personnel that the People's Bank of China deems necessary for the record.

The qualification requirements of the above senior management personnel shall be implemented in accordance with the conditions stipulated in Article 8 of these Measures in addition to meeting the requirements of Article 7 of these Measures.

Article 12 (1) A financial institution and its branch offices who temporarily preside over the deputy for more than three months shall report to the People's Bank of China for the record according to the procedures and conditions for the examination of the qualifications for full-time employment.

Article 13 Any one of the following circumstances shall not be allowed to serve as a senior manager of a financial institution:

(1) Convicted of corruption, bribery, misappropriation of property, misappropriation of property, or crime of undermining social and economic order, sentenced to a punishment, or deprived of political rights for the crime;

(2) who has served as the legal representative of an enterprise whose business license has been revoked due to illegal operations or bankruptcy and liquidation due to mismanagement, and has personal responsibility or direct leadership responsibility for this;

(3) Being personally responsible or directly responsible for major losses caused to the financial institution or other enterprise in which he is employed due to work errors or economic cases;

(4) An individual has a large amount of debt and has not been paid at maturity;

(5) providing false materials and other fraudulent acts;

(6) Any gambling, drug abuse, or misconduct that violates social morality and causes adverse effects;

(7) Those who have been twice disqualified by the People's Bank of China or other regulatory authorities as senior managers of financial institutions;

(8) Other laws and regulations fail to serve as senior management personnel of financial institutions.

Article 14 Senior management personnel of financial institutions shall not hold positions in party and government organs, shall not concurrently hold senior management personnel in other enterprises and institutions, and shall not engage in any profit-making business activities other than their own work without the approval of the competent authority .

Qualification review and management

Article 15: The People's Bank of China and its branches conduct hierarchical review and management of the qualifications of senior management personnel of financial institutions in accordance with the financial supervision responsibility system, and report to the higher bank for record in a timely manner.

(1) The head office of the People's Bank of China is responsible for reviewing or canceling the qualifications of senior managers of the following financial institutions:

1. Policy bank legal person institution;

2. Legal entity of a wholly state-owned commercial bank;

3. Legal person institutions of financial asset management companies;

4. The legal person institution of a joint-stock commercial bank;

5. Housing savings bank;

6. Non-bank financial institutions such as trust and investment companies, corporate group finance companies, and financial leasing companies that are under the supervision of the People's Bank of China;

7. Overseas Chinese-funded financial institutions.

(2) The branches and business management department of the People's Bank of China are responsible for reviewing or canceling the qualifications of senior management personnel of the following financial institutions:

1. Primary and secondary branches of policy banks;

2. State-owned commercial banks' first and second level branches;

3. Branches of financial asset management companies;

4. Branches of joint-stock commercial banks, headquarter business department, and subordinate branches;

5. Legal entities of city commercial banks;

6. City (rural) credit unions in urban and rural credit cooperatives;

7. Non-bank financial institutions such as trust and investment companies, corporate group finance companies and financial leasing companies supervised by the People's Bank of China branch and business management department.

(3) The People's Bank of China Central Branch is responsible for reviewing or canceling the qualifications of senior management personnel of the following financial institutions:

1. Sub-secondary branches of policy banks (excluding secondary branches);

2. Sub-secondary branches of wholly state-owned commercial banks (excluding secondary branches);

3. Branches below the joint-stock commercial bank branches (excluding branches and direct sub-branches);

4. Branches of city commercial banks;

5. Urban credit cooperatives and their county (city) federations, rural credit cooperatives (city) federations;

6. Non-bank financial institutions regulated by it.

The People's Bank of China Central Sub-branch has first reviewed the qualifications of senior management personnel of urban commercial bank legal person institutions and reported them to the branch for review; the preliminary qualifications of senior managers of urban and rural credit cooperatives (city) associations were reported to the branch for review.

(4) The People's Bank of China branch is responsible for reviewing or canceling the qualifications of senior management personnel of rural credit cooperatives; preliminary review of the qualifications of senior management personnel of urban credit cooperatives and their county (city) federations and rural credit cooperative county (city) federations shall be reported to Central branch review.

When a financial institution (including a branch) is newly established, the examination of the qualifications of senior management personnel shall be conducted by the People's Bank of China's institutional review and approval bank.

The qualifications of senior management personnel who need to be reviewed on a case-by-case basis as specified in Article 9 of these Measures shall be reported to the next higher bank for review after the preliminary review by the People's Bank of China Supervision Bank.

Article 16 When a financial institution applies to the People's Bank of China for reviewing the qualifications of senior management applying the applicable approval system, the appointment and removal institution shall directly submit a written declaration to the People's Bank of China or its branch (hereinafter referred to as the reviewing bank) that is responsible for the review of the qualification. material. The application materials should be in triplicate, including:

(1) An application for reviewing the qualifications of the candidate;

(2) Application form for post qualification (printed uniformly by the People's Bank of China);

(3) Comprehensive appraisal of the conduct, business ability, management ability, and work performance of the person to be appointed;

(4) A photocopy of the identity document of the proposed person;

(5) A copy of the nationally recognized academic certificate and professional technical certificate of the proposed person;

(6) Other materials required by the People's Bank of China.

All written materials must be true and reliable.

Where preliminary examination is required, the appointment and removal institution shall first submit the above written materials (in triplicate) to the branch of the People's Bank of China that is responsible for the preliminary examination of the qualifications. The preliminary examination of the People's Bank of China shall complete the preliminary examination as soon as possible and forward it to the examination bank of the People's Bank of China.

Article 17 For the candidate who applies the approval system, the People's Bank of China shall, after receiving written materials such as the qualification application form, complete the data integrity review within 5 working days and no objections within 5 working days. , Deemed to be complete.

After confirming the completeness of the application materials and obtaining feedback from the relevant regulatory authorities in accordance with Article 25 of these Measures, the review bank of the People's Bank of China shall complete the post qualification review within 15 working days. For those candidates who have not passed the qualification examination, the People's Bank of China shall promptly issue a Notice of Denial of Appointment to the reporting organization.

Article 18: The People's Bank of China may conduct examinations, inspections, or talks with the proposed candidates who are applicable to the approval system as required.

The People's Bank of China shall arrange corresponding personnel to conduct conversations with the proposed person applicable to the approval system.

Article 19: When a financial institution submits its qualifications for senior management applying the filing system, the appointment and removal institution shall submit written reporting materials directly to the People's Bank of China. The filing materials should be in triplicate, including:

(1) Record of qualifications (printed by the People's Bank of China);

(2) A photocopy of the identity document of the proposed person;

(3) A copy of the nationally recognized academic certificate and professional technical certificate of the proposed person;

(4) Other materials required by the People's Bank of China.

Article 20 For the proposed person who applies the filing system, the People's Bank of China shall, after receiving the complete filing materials, need to veto the qualifications of the proposed person, and shall issue a "rejection of qualifications to the applicant" within 10 working days Notice.

If the proposed person has any of the following circumstances, the People's Bank of China shall reject its qualifications:

(1) Does not comply with the provisions of Article 7 of these Measures;

(2) There are situations listed in Article 13 of these Measures.

Article 21: The appointment and removal of senior management personnel by financial institutions shall be reported to the review and supervision bank of the People's Bank of China at the same time.

Article 22 (1 ) When a senior manager of a financial institution leaves office, the superior institution or cadre management agency of the incumbent institution shall conduct a leave audit of the senior manager and make a comprehensive evaluation of his work performance. If a higher-level institution of a financial institution or a cadre management institution cannot conduct an exit audit, the financial institution shall employ an external auditor approved by the People's Bank of China.

The leaving audit shall evaluate the leaving senior management personnel comprehensively, objectively and truthfully. For the senior management who intends to take office after leaving office, the reporting organization should submit the leaving audit report at the same time as submitting the application materials; for the reason that the audit report of leaving office cannot be submitted at the same time due to work, the People's Bank of China must be approved.

Article 23 The audit report on departure shall include at least the following:

(1) In charge of business operation status, including asset quality and profitability;

(2) Responsible for legal compliance of business;

(3) In charge of business internal control construction and risk management;

(4) major economic or criminal cases occurring within the scope of their duties and their responsibilities;

(5) Audit conclusions.

Article 24 In the case of parallel transfers between institutions at the same level and posts of the same nature in the financial institution system, senior management personnel of financial institutions that need to be approved, if they have passed the qualification examination, the original qualifications are still valid and do not need to be re-performed Approval can be submitted after leaving office audit report, but still need to report to the People's Bank of China for the record.

For any of the following three situations, the original qualifications will be invalidated, and the People's Bank of China will re-examine their qualifications:

(1) The financial institution cannot submit the audit report of leaving the office within 40 days after the appointment of the proposed person, nor has it made any explanation to the People's Bank of China in advance;

(2) The conclusion of the audit report on departure is not true;

(3) After leaving the audit, the subject of the leaving audit is not suitable for senior management of financial institutions as stipulated in these Measures.

Article 25 For those candidates who are appointed across systems, across regions, or who are promoted within the system and need approval, if the supervisory department of the original incumbent agency is not the People s Bank of China review bank, the People s Bank of China review bank is reviewing their positions When qualifying, you can solicit the opinions of the supervisory department of the institution in which the proposed person serves, and this opinion, together with the application materials of the financial institution, can be used as the basis for reviewing the qualifications.

Article 26: The People's Bank of China shall establish a qualifications file for senior managers of financial institutions. Qualification files should include the following:

(1) Application qualifications;

(2) Relevant documents and materials on which the People's Bank of China has verified;

(3) Documents approved or cancelled by the People's Bank of China;

(4) Decisions made by financial institutions on the disposition of senior management personnel;

(5) Other important information.

Article 27: The People's Bank of China shall establish a special profile for senior management personnel of financial institutions with bad records, including:

(1) Being disqualified from post by the People's Bank of China;

(2) being disqualified from office by the China Securities Regulatory Department or the China Insurance Regulatory Department;

(3) where the overseas supervisory authority deems it unsuitable for senior management positions;

(4) There are major violations of rules and disciplines;

(5) Financial professionals with other bad records that the People's Bank of China deems it necessary to establish special management.

The contents of the archives should include information such as personal resumes, photocopies of identity documents, relevant documents and materials, and bad records.

Disqualification

Article 28. Senior management personnel of financial institutions violate the "

Supplementary clause

Article 33 The People's Bank of China may notify financial institutions that violate one of the following circumstances in violation of the relevant provisions of these Measures, and shall notify them in accordance with the Law of the People s Republic of China on Commercial Banks and the Penalties for Financial Offences And other relevant laws and regulations:

(1) Failure to report to the People's Bank of China for qualification examination in accordance with prescribed procedures;

(2) Submitting false declaration materials to the People's Bank of China;

(3) failing to report to the People's Bank of China on the appointment and removal of senior management in a timely manner;

(4) Failure to report to the People's Bank of China on the disciplinary decision on senior management in a timely manner;

(5) Other situations in violation of these Measures

Article 34. If the relevant documents and regulations issued by the People's Bank of China before the implementation of these Measures are inconsistent with these Measures, these Measures shall be implemented. The Interim Provisions on the Management of Senior Managers' Qualifications for Financial Institutions promulgated by the People's Bank of China in 1996 shall be abolished as of the date of promulgation of these Measures.

Article 35: The People's Bank of China branch and business management department may formulate implementation rules in accordance with these Measures.

Article 36: These measures shall be interpreted by the People's Bank of China.

Article 37: These measures shall be implemented as of the date of promulgation.

Attached Table I Application Form (Filing) for Senior Managers of Financial Institutions [Omitted]

Schedule II Notice of Denial of Senior Management Qualifications of People's Bank of China Financial Institution

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Administrative Measures for the Qualifications of Senior Managers of Financial Institutions

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