Administrative Punishment Measures of the China Banking Regulatory Commission
Administrative Punishment Measures of the China Banking Regulatory Commission
Administrative Punishment Measures of the China Banking Regulatory Commission
Order of the China Banking Regulatory Commission [2015] No.8
July 9, 2015
The Administrative Punishment Measures of the China Banking Regulatory Commission, as revised and adopted at the seventh chairman's meeting of the China Banking Regulatory Commission in 2015, are hereby issued for implementation as of September 9, 2015.
Shang Fulin, Chairman
Administrative Punishment Measures of the China Banking Regulatory Commission
Chapter I General Provisions
Article 1 For the purposes of regulating the imposition of administrative punishments by the China Banking Regulatory Commission (the "CBRC") and its local offices and maintaining the order of the banking industry, the Measures are formulated in accordance with the Law of the People's Republic of China on Administrative Penalties, the Banking Regulation Law of the People's Republic of China, the Law of the People's Republic of China on Commercial Banks, and other relevant laws.
Article 2 The CBRC and its local offices shall comply with the Measures when imposing administrative punishments on banking financial institutions, other entities, and individuals (hereinafter referred to as the "parties concerned") for their violations of the banking regulation provisions in laws, administrative regulations, rules, or normative documents (hereinafter referred to as "violations of laws or regulations").
Other entities as mentioned in the preceding paragraph refer to enterprises, public institutions, and social organizations other than banking financial institutions.
Article 3 For the purpose of the Measures, banking financial institutions refer to deposit-taking financial institutions lawfully formed within the territory of the People's Republic of China such as commercial banks, rural cooperative banks, rural credit cooperatives, and village banks, as well as policy banks.
Imposing administrative punishments on financial asset management companies, trust companies, finance companies and financial lease companies lawfully formed within the territory of the People's Republic of China and other financial institutions formed with the approval of the CBRC shall be governed by the Measures.
The imposition of administrative punishments for violations of laws or regulations committed overseas by financial institutions formed outside China with the approval of the CBRC and financial institutions mentioned in the preceding two paragraphs shall be governed by the Measures.
Article 4 The imposition of administrative punishments shall comply with the statutory procedures and the principles of openness, equity and impartiality.
Violations of laws or regulations shall be verified on the basis of laws, administrative regulations, rules, and normative documents.
Article 5 The CBRC and its local offices shall establish administrative punishment committees and the offices thereof to implement the administrative punishment rules that separate investigation, trial, and decision-making:
1.
......
Order of the China Banking Regulatory Commission [2015] No.8
July 9, 2015
The Administrative Punishment Measures of the China Banking Regulatory Commission, as revised and adopted at the seventh chairman's meeting of the China Banking Regulatory Commission in 2015, are hereby issued for implementation as of September 9, 2015.
Shang Fulin, Chairman
Administrative Punishment Measures of the China Banking Regulatory Commission
Chapter I General Provisions
Article 1 For the purposes of regulating the imposition of administrative punishments by the China Banking Regulatory Commission (the "CBRC") and its local offices and maintaining the order of the banking industry, the Measures are formulated in accordance with the Law of the People's Republic of China on Administrative Penalties, the Banking Regulation Law of the People's Republic of China, the Law of the People's Republic of China on Commercial Banks, and other relevant laws.
Article 2 The CBRC and its local offices shall comply with the Measures when imposing administrative punishments on banking financial institutions, other entities, and individuals (hereinafter referred to as the "parties concerned") for their violations of the banking regulation provisions in laws, administrative regulations, rules, or normative documents (hereinafter referred to as "violations of laws or regulations").
Other entities as mentioned in the preceding paragraph refer to enterprises, public institutions, and social organizations other than banking financial institutions.
Article 3 For the purpose of the Measures, banking financial institutions refer to deposit-taking financial institutions lawfully formed within the territory of the People's Republic of China such as commercial banks, rural cooperative banks, rural credit cooperatives, and village banks, as well as policy banks.
Imposing administrative punishments on financial asset management companies, trust companies, finance companies and financial lease companies lawfully formed within the territory of the People's Republic of China and other financial institutions formed with the approval of the CBRC shall be governed by the Measures.
The imposition of administrative punishments for violations of laws or regulations committed overseas by financial institutions formed outside China with the approval of the CBRC and financial institutions mentioned in the preceding two paragraphs shall be governed by the Measures.
Article 4 The imposition of administrative punishments shall comply with the statutory procedures and the principles of openness, equity and impartiality.
Violations of laws or regulations shall be verified on the basis of laws, administrative regulations, rules, and normative documents.
Article 5 The CBRC and its local offices shall establish administrative punishment committees and the offices thereof to implement the administrative punishment rules that separate investigation, trial, and decision-making:
1.
......