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Notice of the People's Bank of China on Printing and Distributing the "Measures for Payment and Settlement Business Agents" and "Regulations on Management of Entry and Exit of Bank Draft Business"
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- Notice of the People's Bank of China on Printing and Distributing the "Measures for Payment and Settlement Business Agents" and "Regulations on Management of Entry and Exit of Bank Draft Business"
- In order to regulate the payment and settlement business agency behavior between financial institutions, improve financial services, strengthen the management of bank draft business and prevent payment settlement risks, the "Payment and Settlement Business Agency Measures" and "Regulations on Management of Entry and Exit of Bank Draft Business" Issued to you, please organize implementation, and notify the relevant matters as follows:
- I. All units shall improve their awareness of service, change their operating concepts, and actively develop intermediate business. In accordance with the Measures for Payment and Settlement Business Agency Measures, we shall earnestly perform the payment and settlement business agency work among financial institutions.
- 2. Where policy banks, commercial banks, urban credit cooperatives and rural credit cooperatives have signed a payment and settlement business agency agreement before the issuance of this notice, they shall review the signed agreements in accordance with the Measures for Payment and Settlement Business Agency Measures. . Terms that do not meet the requirements shall be modified.
- 3. All units shall conduct a clean-up inspection of the previously approved branches that issue bank drafts in accordance with the Regulations on the Management of Entry and Exit of Bank Draft Businesses. For branches that do not meet the entry requirements, they shall be disqualified from issuing bank drafts.
- Please refer to the head office of the People's Bank of China for the situation and problems in the implementation of the Measures for the Payment and Settlement Business Agency and the Regulations on the Management of the Entry and Exit of Bank Draft Business.
- People's Bank of China
- June 1, 2000
- Regulations on the Entry and Exit of Bank Draft Business
- Article 1 In order to strengthen the management of bank draft settlement, regulate the entry and exit of bank draft business, and prevent the risk of bank draft payment, these regulations are formulated in accordance with the Bill Law, the Implementation Measures for Bill Management, and the Payment Settlement Measures.
- Article 2: If policy banks, wholly state-owned commercial banks, joint-stock commercial banks, urban commercial banks, foreign banks, urban credit cooperatives, rural credit cooperatives, and county (city) federations (hereinafter referred to as banks) need to issue bank drafts, they must comply with The entry requirements of these regulations shall be approved by the People's Bank of China. No bank draft can be issued without the approval of the People's Bank of China.
- Article 3 Banks applying for issuing bank drafts shall meet the following entry requirements:
- (1) Holding a legal person license of a financial institution or a business license of a financial institution issued by the People's Bank of China and a business license issued by the administrative department for industry and commerce;
- (2) Facilities with a fixed place of business and secure storage of seals, compiling machines, and bank draft vouchers;
- (3) The internal management is perfect, the internal control system is sound, and the quality and quantity of the accounting and settlement personnel equipped meet the management requirements;
- (4) The operating conditions are good, and the proportion of non-performing assets is low;
- (5) There are sufficient reserve deposits in the People's Bank of China, which can meet the requirements of the deposit reserve ratio of the People's Bank, and a single rural credit cooperative has sufficient funds in the county (city) federation according to regulations, which can guarantee the bank draft funds issued Transfer and liquidation
- (6) There is a certain amount of off-site payment and settlement business;
- (7) No major violations or errors occurred within one year and no major economic cases occurred within three years before the application for issuing bank drafts.
- Article 4 The urban credit cooperatives and rural credit cooperatives that apply for the issuance of bank drafts shall have the following conditions in addition to the entry conditions stipulated in Article 3 of these regulations:
- (1) The ratio of two unspent loans is less than 15%;
- (2) Consecutive surpluses in the past two years;
- (3) The capital adequacy ratio is above 4%.
- Article 5 Banks that need to issue bank drafts shall apply to the People's Bank of China and submit the following materials:
- (1) The application report shall specify the basic information of the Bank, the staffing of management and handling personnel, the status of business operations and the status of internal management;
- (2) Copy of the legal person license of the financial institution or the business license and business license of the financial institution;
- (3) Accounting settlement management system and internal control system;
- (4) The average daily reserve balance of the three months before the application, and the average daily deposit balance of a single rural credit cooperative in the county (city) federation for three months;
- (5) Other materials required by the People's Bank.
- Article 6 A bank's application for issuing a bank draft should be handled in accordance with the following procedures:
- (1) The application of a bank draft by a policy bank or a wholly state-owned commercial bank shall be approved by the head office of the People's Bank of China; the branch office shall apply for the issuance of a bank draft, which shall be approved by its head office;
- (2) The application of the head office of a joint-stock commercial bank for the issuance of a bank draft shall be approved by the head office of the People s Bank of China. The application of its branch for the issuance of a bank draft shall be reported to its head office after the local branch of the People s Bank has reviewed and signed an opinion. Approved by the People's Bank of China.
- (3) The application of bank drafts issued by urban commercial banks, foreign banks, urban credit cooperatives, rural credit cooperatives, and county (city) associations shall be reviewed and signed by the local branch of the People s Bank of China, and reported to the People s Bank of China branch and business management department for review. Later, it was reported to the People's Bank of China for approval.
- Article 7 The admission institution that issues bank drafts shall, in one of the following circumstances, be disqualified from issuing bank drafts:
- (1) Violating the regulations on the management of printing, charge and certificate of bank drafts and failing to make corrections within the rectification period ordered by the People's Bank of China;
- (2) There have been three or more deliberate presses or refunds within one year, which caused significant impact;
- (3) Insufficient reserves for more than three deposits in a year, which make it impossible to clear the bills of funds in a timely manner;
- (4) Entrusting another bank to pay the bank draft on behalf of another bank or to issue a bank draft on behalf of another bank, and the funds have not been timely transferred in accordance with regulations more than three times in a year;
- (5) issuing short bank drafts, drawing funds, and conducting economic criminal activities;
- (6) A major settlement accident such as loss or theft of blank bank draft vouchers, bank draft special seals, and escrow equipment;
- (7) due to changes in business conditions, no longer meet the required access conditions.
- Article 8 If the admission institution of a bank draft is in any of the following circumstances, it will automatically lose the funds for issuing bank drafts:
- (1) where the bank draft business is withdrawn and the original institution dies;
- (2) Those who voluntarily waive their qualifications for admission.
- Article 9 To withdraw from an admission institution, an approval decision shall be made by the approving bank that originally approved the admission, and the relevant banks shall be notified in time to complete the withdrawal procedures.
- If a policy bank or a wholly state-owned commercial bank branch has the conditions specified in Article 6 of the present Regulations, and its head office has not canceled its access qualification, the local branch of the People's Bank of China shall submit a handling opinion. , Reported to the head office of the People's Bank of China, the head office of the People's Bank instructed its head office to cancel its admission qualification.
- Article 10 Withdrawing banking institutions shall promptly withdraw their bank draft vouchers, bank draft special seals, and escrow equipment by their jurisdictions and handle them in accordance with regulations.
- Article 11 A bank institution that has withdrawn due to the circumstances specified in Article 7 of these regulations shall not submit an application for issuing a bank draft until the expiration of one year from the date of withdrawal.
- Article 12 The People's Bank of China is responsible for the interpretation and modification of these regulations.
- Article 13 These Provisions shall become effective on July 1, 2000.