Banking law in ChinaPDF电子书下载

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INTRODUCTION 3

PART Ⅰ—BANKING IN THE PEOPLE'S REPUBLIC OF CHINA 9

The History of Banking in the PRC after 1947 9

Foreign Banks 10

Early Legislation 10

The Modern Era: Economic Reforms in the PRC 11

Measures on Foreign Currency 12

Contrast with Domestic Loans 13

The PBOC: China's Emerging Central Bank 13

The Specialised Banks 14

Banking Institutions in the PRC 15

The People's Bank of China 15

The Agricultural Bank of China 16

The Bank of China 17

The Industrial and Commercial Bank of China 18

China Construction Bank 19

China Investment Bank9 19

The Bank of Communications 19

Trust and Investment Companies 22

Foreign Banks and Branch Offices 23

Other Issues in Chinese Banking 23

PBOC Lending Policy 23

Regulation of Interest Rates 24

Convertibility of the Yuan 24

Loan Recovery by PRC Banking Institutions 25

Taxation of Banking Institutions 26

The Bankruptcy Law 26

China's Interbank System 26

Reserve Requirements/The Credit Plan 27

State Owned Enterprises 28

Derivatives 29

Foreign Lending 29

PART Ⅱ—THE PEOPLE'S BANK OF CHINA 40

Provision of Information to State Council 40

Organisation of the PBOC 41

Branches of the PBOC 42

Control over Currency 43

The Operations of the PBOC 44

Loans to Commercial Banks 45

Interbank Market 45

Supervision by the PBOC 46

Obligations of the PBOC 48

Penalties under the PBOC Law 49

The State Administration of Exchange Control 49

Conclusion 50

Law of the People's Republic of China on the People's Bank of China 55

PART Ⅲ—RESTRICTIONS ON FINANCIAL ACTIVITIES 65

Interest Rates 65

Interbank Interest Rates 66

Control over Interest Rates 66

Penalty Interest Rates 67

Duties of the PBOC 67

Branch Offices of the PBOC 68

Provision of Information on Interest Rates 68

Payment of Interest 69

Penalties Pursuant to the Provisional Regulations 69

Application of Provisional Regulations 70

Regulations on Foreign Exchange Control in the PRC 70

Foreign Currency 71

Foreign Currency Deposits 72

Types of Foreign Currency Accounts 72

Types of Foreign Currency Deposits 73

Use of Deposit Accounts 74

Withdrawal of Deposits 74

Interest on Deposits 75

Category B Deposits 76

Provisional Regulations on Interest Rate Control 79

Regulations on Foreign Exchange Control of the People's Republic of China 84

Regulations of the Bank of China on Foreign Currency Deposits (Category A) 94

Regulations of the Bank of China on Foreign Currency Deposits (Category B) 98

Regulations on the Control of Foreign Exchange Settlements, Sales and Payments 101

Regulations on the Administration of Foreign Exchange Banking Operations 112

Provisional Measures on the Administration of Foreign Exchange Accounts 130

Administrative Measures on International Commercial Loan Borrowing by Domestic Institutions 136

Provisional Trading Market Rules of the China Foreign Exchange Trading Centre 141

Provisional Administrative Measures on Verification and Cancellation Procedures Governing Import Exchange Payments 145

Administrative Measures on the Issue of Foreign Exchange Guarantees to Foreign Parties by Domestic Institutions 149

Administrative Measures of the People's Republic of China on the Movement of State Currency into and out of China 153

Administrative Measures Governing Chinese Financial Institutions Overseas 154

Provisional Measures of the People's Bank of China on Foreign Exchange Secured Renminbi Loans of Foreign Investment Enterprises 159

Regulations on the Administration of the Foreign Exchange Adjustment Market 161

PART Ⅳ—FINANCIAL INSTITUTIONS 165

The Commercial Banking Law 165

The Business of a Commercial Bank 165

Socialistic Characteristics 166

Investigation of Risk 166

Establishment of a Commercial Bank 166

Capital Requirements 167

Other Requirements 167

Establishment of Branches 168

Changes to Registered Details 169

Certain individuals not to hold management posts 169

Acquisition of more than 105326770f a commercial bank's shares 169

Protection of Depositors 169

Interest Rates 169

Provisions relating to the making of loans 170

Asset Liability Ratios 171

Loans to Related Persons 171

Restrictions on Investment 172

Supervision of Commercial Banks 172

The Commercial Banking Law of the People's Republic of China 174

Provisional Regulations Concerning Investment in Financial Institutions Through Purchase of Shares 190

PART Ⅴ—REGULATION OF BANKING TRANSACTION 195

The Security Law 195

General Provision 196

Guarantees 197

Written Contract 198

Obligations as Guarantors 198

Joint and Several Liability 199

General Liability under a Guarantee 199

Period of Validity of a Guarantee 200

Extent of Liability under the Guarantee 200

Unconscionable Conduct 200

Mortgages and Charges 201

Documentation 202

Registration of Mortgages and Charges 203

Realisation of Mortgages or Charges 204

The Negotiable Instruments Law 204

General Provisions 204

Period of Validity of Negotiable Instruments 204

General Obligations of Drawers of Negotiable Instruments 205

Joint and Several Liability 205

Promissory Notes and Cheques 205

Foreign Related Negotiable Instruments 206

The Security Law of the People's Republic of China 208

The Negotiable Instruments Law of the People's Republic of China 223

The Economic Contract Law of the People's Republic of China 240

The Foreign Economic Contract Law of the People's Republic of China 254

PART Ⅵ—FOREIGN FINANCIAL INSTITUTIONS 263

Opening of Branches or Representative Offices by Foreign Financial Institutions in the PRC 263

Definition of an FFI 263

Approving Authority 264

Applying for a FFI Representative Office 264

Provisions of Documentation 265

Formal Application Form 265

Establishing a Representative Office 266

General Representative Office 267

Supervision of the Representative Office 267

Changes to a Representative Office 268

Dissolution 268

Penalties 268

Establishment of Foreign Investment Financial Institutions in the PRC 269

Establishing a FIFI 269

Documents to be Submitted with the Application 270

Procedure for Approval 270

Scope of Business 271

Supervision of the PBOC 271

Liquidation of a FIFI 272

Regulations on Management of Foreign Financial Institutions Resident Representative Offices in China 273

Administrative Regulations of the People's Republic of China Governing Foreign Investment Financial Institutions 280

Index 289

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