Decision of the China Banking Regulatory Commission on Revising the Administrative Punishment Measures of China Banking Regulatory Commission

Decision of the China Banking Regulatory Commission on Revising the Administrative Punishment Measures of China Banking Regulatory Commission
Decision of the China Banking Regulatory Commission on Revising the Administrative Punishment Measures of China Banking Regulatory Commission

Order of the China Banking Regulatory Commission [2007] No. 5

July 3, 2007

Adopted at the 54th Chairman Meeting of the CSRC on December 8, 2006, the Decision of the China Securities Regulatory Commission on Revising the Administrative Punishment Measures of China Banking Regulatory Commission is hereby promulgated and shall be come into effect as of the date of promulgation.

Chairman Liu Mingkang

Appendix: Decision of the China Securities Regulatory Commission on Revising the Administrative Punishment Measures of China Banking Regulatory Commission

It is determined by the CSRC that the Administrative Punishment Measures of China Banking Regulatory Commission are revised as follows:

Article 1 The Article 12 is revised to read as "Where there is any jurisdictional dispute between the institutions dispatched by the CBRC, it shall be reported to their common organ at the next higher level for designating jurisdiction".

Article 2 The Article 16 is deleted.

Article 3 The Article 18 is changed to Article 17 and Paragraph 3 of the Article is revised to read as "If the CBRC or any of its dispatched offices discovers a suspect committing any illicit act during the course of an on-site inspection, its supervision and inspection department may conduct an investigation for collecting the evidence in advance, then establish it as a case".

Article 4 The Article 28 is changed to Article 27 and Item (1), Paragraph 2 of the Article is revised to read as "The relatively large sum of monetary penalties, including the monetary penalties in the sum of CNY2 million or more as decided by the CBRC, the monetary penalties in the sum of CNY1 million or more as decided by a banking supervisory bureau, the monetary penalties in the sum of CNY500, 000 or more as decided by a branch of a banking supervisory bureau as well as the monetary penalties in the sum of CNY100, 000 or more imposed upon individuals".

Article 5 The Article 34 is changed to Article 33 and Item (4) of the Article is revised to read as "If the illicit act has constituted any crime, it shall transfer the case to the judicial organ for criminal liabilities according to the Provisions on Transfer of Suspected Criminal Cases by the Administrative Law-Enforcement Organs".

Article 6 Item (2) of Article 42 is deleted.

Article 7 One article is added as Article 46: "The specimen of legal documents required for the implementation of these Measures shall be created by the CBRC.
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