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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II ORGANIZATIONAL SYSTEM CHAPTER III ORGANIZATIONAL STRUCTURE CHAPTER IV DUTIES AND TASKS CHAPTER V PERSONNEL MANAGEMENT CHAPTER VI SOURCES OF FUNDS CHAPTER VII INSTRUCTIONS AND SUPERVISION CHAPTER VIII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. With a view to strengthening the building of banking associations, bringing into full play the functions of banking associations as a self-disciplinary organization including self-management, -service, -restraint and -coordination, and improving the banking supervisory system combining the outside surveillance, internal control, industrial self-discipline and social supervision together, these Guidelines are formulated in accordance the Banking Supervision Law of the People's Republic of China, the Regulations on the Registration of Social Organizations and other relevant laws, regulations and rules. Article 2. "Banking associations" mentioned in these Guidelines refers to banking self-disciplinary organizations which are organized by banking financial institutions on their own initiatives for the purpose of realizing the common wishes of members and carry out activities in accordance with their respective constitutions and which are not-for-profit social organizations approved by the banking regulatory organ and registered at a prescribed registration administrative organ of social organizations. Article 3. A banking association shall be subject to the guidance and supervision of the China Banking Regulatory Commission (hereinafter referred to the CBRC) and its agencies, carry out work in strict accordance with relevant state laws and regulations, assert the legitimate rights and interests of the banking industry, maintain the banking market order, enhance the quality of employed persons thereof and raise the level of service to its members. CHAPTER II ORGANIZATIONAL SYSTEM Article 4. The China Banking Association is a national self-disciplinary banking organization, and any national banking financial institution or any foreign-funded financial institution located in China that is established upon approval of the CBRC and has an independent legal person status may join in it out of its willingness. Article 5. The banking associations of all provinces (autonomous regions and municipalities directly under the Central Government) and all cities specifically designated in the state plan are local self-disciplinary banking organizations organized by the banking financial institutions within their respective jurisdiction on a voluntary basis, and they shall be uniformly named as "the Banking Association of the XXX Province (Autonomous Region or Municipality) ". Article 6. No self-disciplinary banking organization may be established at or under the prefecture or city level as a general principle. Those that were already established shall be regulated by referring to these Guidelines. Article 7. Both the China Banking Association and all local banking associations are independent social organizations. A local banking association may apply for joining in the China Banking Association, without being a branch or representative organ of the China Banking Association. Article 8. The China Banking Association and each local banking association shall reinforce communication and cooperation with each other. The China Banking Association shall conduct operational guidance and coordination for local banking associations that are members thereof. Upon the strength of the authorization of the CBRC, the China Banking Association may conduct corresponding guidance and coordination for local banking associations in regard to the special businesses involving the whole industry. CHAPTER III ORGANIZATIONAL STRUCTURE Article 9. A banking association shall, pursuant to the relevant provisions on the management of social organizations, establish and improve a basic organizational structure with the organs of power and the executive organs included. Article 10. The highest organ of power of a banking association shall be the general meeting of members, and the authorities and rules of procedure thereof shall be prescribed by the constitution of the association. Article 11. A banking association shall establish a board of directors to be accountable to the general meeting of members, and the authorities and rules of procedure thereof shall be prescribed by the constitution of the association. Article 12. A banking association shall establish an executive council to be accountable to the board of directors, and the authorities and rules of procedure thereof shall be prescribed by the constitution of the association. Article 13. A banking association may establish a board of supervisors on the strength of requirements, and the authorities and rules of procedure thereof shall be prescribed by the constitution of the association. Article 14. A banking association may employ relevant consultants on the strength of work requirements, and may establish branches like relevant professional committees or work committees. Article 15. A banking association shall establish a secretariat to handle the routine affairs thereof, which may, on the strength of work requirements, set up several internal working bodies and be equipped with corresponding personnel. CHAPTER IV DUTIES AND TASKS Article 16. A banking association shall be orientated to promote its member entities to realize their common benefits, be adapted to the requirements for the banking reform and development and seriously perform duties like self-discipline, right-safeguarding, coordination and services. Article 17. A banking association shall perform the following industrial self-disciplinary duties: (1) Organizing members to sign a self-disciplinary pact and the detailed rules for the implementation thereof, establishing a system for the inspection and disclosure of the implementation of the pact, accepting complaints filed by member entities and the general public, adopting self-disciplinary exemplary measures, urging members to operate in accordance with laws and regulations and jointly maintain the market environment of fair competition; (2) Organizing to formulate industrial standards and operational norms in accordance with its constitution or industrial regulations and rules, promoting the implementation thereof and supervising members to implement them, and improving the industrial service level; (3) Establishing and improving the banking credit rules and a credit information system of banking institutions and employed persons, strengthening the supervision over the credit and giving impetus to the construction of a banking credit system; (4) Formulating the code of ethics and conduct of employed persons, conducting self-disciplinary management of employed persons in the banking sector, organizing qualification examinations and relevant trainings for employed persons in the banking sector and enhancing the quality of the employed persons; (5) Imposing, in accordance with relevant provisions, a self-disciplinary punishment on any member who violates the constitution, self-disciplinary pact or administrative rules of the banking association and thus impairs the industrial interests, and timely reporting it to the banking regulatory organ; and (6) Promptly reporting to the banking regulatory organ any complaint case which involves a banking financial institution or an employed person that violates laws or regulations, or any unlawful or irregular act found in its industry, and doing a good job in investigating and handling complaint cases transferred by the banking regulatory organ. Article 18. A banking association shall perform the following industrial right-safeguarding duties: (1) Organizing members to formulate a right-safeguarding pact, publishing the list of honest and faithful clients or clients in breach of agreements by carrying out a regional rating of the credit environment, implementing industrial joint punishments and other measures, deterring various torts and maintaining the legitimate rights and interests of the banking industry; (2) Participating in the relevant policy-making demonstration organized by the banking regulatory organ or any other department on the banking reform and development and the industrial rights and interests, and putting forward proposals relating to relevant policies, legislation and industrial plans; (3) Reporting any problem impeding the banking reform and development to the local government and the banking regulatory organ, establishing a mechanism for communication with relevant departments and striving for an outside environment favorable to the banking development; and (4) Organizing members to carry out the industrial right-safeguarding investigation, issuing risk alert notice to members and urging members to reinforce the safeguarding of their creditor's rights and risk control. Article 19. A banking association shall perform the following industrial coordinative duties: (1) Accepting any member's entrustment to coordinate the relationship between the member and the government as well as the relevant departments thereof, and assisting the banking regulatory organ and other relevant departments in carrying out relevant policies and measures; (2) Coordinating the relationship between members, establishing and improving the mechanism for mediating and handling disputes within the industry, solving various conflicts and issues in a just and reasonable manner and creating a good industry environment; (3) Coordinating the relationship and strengthening the communication between its members and the general public, and safeguarding the legitimate rights and interests of its members and clients; and (4) Strengthening the communication and contact with press and media, working out a news mechanism for meeting emergencies, promptly and effectively directing public opinion and maintaining the banking reputation. Article 20. A banking association shall perform the following industrial service duties: (1) Establishing a mechanism for information exchange among its members, organizing to carry out the communication and cooperation in the aspects of business, technology and information among its members and offering information services to its members; (2) Organizing to develop the communication and cooperation with foreign and domestic banking financial institutions and other banking associations; (3) Strengthening the communication and coordination with securities, insurance and other trade associations; (4) Exerting the overall industrial publicity function, coordinating and organizing its members to carry out together the activities of publicizing new businesses and new policies and the consultancy service, vigorously popularizing financial knowledge and enhancing the financial sense of the general public; and (5) Organizing to carry out the operational competitive activities so as to build up the understanding and friendship among its members and foster a healthy and inspirable industrial culture. Article 21. Other duties prescribed by laws and regulations, or other matters entrusted and assigned by the banking regulatory organ, any other relevant department or any of its members. CHAPTER V PERSONNEL MANAGEMENT Article 22. The president of a banking association shall assume overall responsibility for the association, and shall be the legal representative of the association. Article 23. A banking association shall have a president and several vice-presidents: (1) The post of president shall generally be held by the legal representative of a member entity; (2) The banking regulatory organ shall be responsible for recommending one nominee to be the full-time vice-president, and other vice-presidents shall be produced, through democratic elections, from among the legal representatives of the member entities other than the one to which the president belongs; (3) When the president or any vice-president ceases to be the legal representative of a member entity, he shall quit his post in the banking association, and the said post shall be taken over by the corresponding successor of the member entity. Article 24. The board of directors shall be composed by member directors and non-member directors. A member director shall be appointed through voting at a general meeting of members, and a non-member director shall be recommended by the banking regulatory organ and appointed through voting at a general meeting of members. Article 25. The standing council shall be formed by the board of directors through voting. The chief supervisor shall attend meetings held by the standing council as a non-voting delegate. Article 26. The board of supervisors shall be composed by one chief supervisor and several supervisors. Any supervisor shall be appointed through voting at a general meeting of members. Article 27. A director in any association may not hold a concurrent post as a supervisor in the same association, and vice versa. Article 28. The president, vice-presidents and chief supervisor shall be appointed through voting at a general meeting of members and reported to the registration administrative organ for approval and registration after the banking regulatory organ has examined and approved it. Each office term of a president, vice-president or chief supervisor shall be 2 years, and they may be reelected and reappointed. As a general principle, however, one may not be reelected to the same post for more than two terms. Article 29. The secretary-general shall be a full-time worker, and may not hold any other concurrent post in or outside the banking industry, and shall be accountable to the board of directors: (1) The secretary-general shall be nominated by the president and appointed by the board of directors through voting and reported to the registration administrative organ for social organizations for archival filing after the submission to the banking regulatory organ for examination; (2) Each office term of a secretary-general shall be 2 years and he may be reelected and reappointed; (3) In case a secretary-general commits any illegal or irregular act or any act impairing the industrial interests, upon the study by the board of directors and upon the approval of the banking regulatory organ, he may be dismissed before the expiry of his tenure, and a temporary acting secretary-general shall be appointed by the board of directors or a new election shall be held in advance. Article 30. The president, vice-presidents, chief supervisor and the secretary-general of a banking association shall meet the following conditions: (1) Complying with the basic conditions prescribed by the Ministry of Civil Affairs for acting as a main person-in-charge of a social organization; (2) Having a comparatively great influence or high reputation in the banking circle; (3) Having engaged in financial work for at least 6 years or in any other economic work for at least 9 years and having ever assumed a corresponding leading position in a financial institution or any other relevant entity; (4) Having passion for the association work; (5) The age of a full-time vice-president or a secretary-general may not exceed 65; and (6) Other conditions required by the general meeting of members. Article 31. The secretariat of a banking association shall, in line with the principles of simplification and high efficiency, select and employ full-time functionaries, who may be chosen by way of accreditation by member entities and engagement from the outside in light of the actual conditions and work requirements, and the professionalization shall be realized in a progressive way. Article 32. The persons to be selected by member entities to be accredited full-time functionaries shall be determined by the secretariat of the banking association together with the accrediting party, and where necessary, the banking regulatory organ shall carry out the coordination therefor. Article 33. The Party's organization of a banking association shall be subject to the supervision of the Party's organization of the banking regulatory organ. Where there are three regular Party members among full-time functionaries of a banking association, a Party's organization shall be established in accordance with the Party's constitution and be attached to the Party committee of the banking regulatory organ. CHAPTER VI SOURCES OF FUNDS Article 34. The funds for a banking association may be raised by way of collecting membership fees, accepting donations and financial aids, offering services or undertaking matters entrusted by the relevant government departments. Article 35. Each banking association shall make a reasonable decision on its fund limit. The fund limit shall be fixed by way of budgetary administration. The fund budget of the current year shall be worked out on the basis of conditions on the incomes and expenses of the previous year and the work arrangements for the current year at the early stage of the current year, and deliberated and adopted by the general meeting of members for implementation. Article 36. Any banking association may collect membership fees from its members. As a general principle, a budgetary system shall be implemented and the principle of reasonable burden shall be followed for collecting membership fees. The formulation or alteration of standards for membership fees shall be submitted to the general meeting of members for deliberation and adoption. Article 37. Upon approval of its standing council, a banking association may, pursuant to the relevant laws and regulations, develop not-for-profit paid services that are agreed by its members and recognized by the society. Those funds derived therefrom shall be fully used for the self-construction of the banking association and for the enhancement of the service level to its members. Article 38. In case any banking association organizes a large-scale activity other than those included in its annual work plans, its funds may be raised solely or from an established special activity fund. Article 39. The banking association shall lay down a reporting system of financial incomes and expenses, and regularly report it to the president, chief supervisor and the general meeting. Article 40. Each banking association shall abide by the relevant state laws and regulations and its constitution, establish a strict financial management system, ensure the legality, authenticity, exactness and integrity of the accounting materials and employ a professional institution to conduct audit of the financial incomes and expenses every year. CHAPTER VII INSTRUCTIONS AND SUPERVISION Article 41. The banking regulatory organ is a business administrative department for banking associations, and shall be responsible for guiding and supervising self-disciplinary organizations in the banking sector that are registered and carrying out activities within the territory of the People's Republic of China: (1) The CBRC shall be responsible for guiding and supervising the China Banking Association, while its daily management work shall be conducted by designated departments; (2) A banking regulatory bureau shall carry out guidance for and supervision over the local banking associations under the authorization by the CBRC, and each banking regulatory bureau shall decide specific departments to be responsible for the daily management work pursuant to the work requirements. Article 42. The banking regulatory organ shall support each banking association to establish an association on its own initiatives and ensure that it independently develops the work in accordance with laws, regulations and the constitution of the banking association. Article 43. The banking regulatory organ shall perform the following supervisory duties towards banking associations: (1) Supervising and instructing banking associations to abide by the Constitution, laws, regulations and state policies and to carry out activities in light of their respective constitutions; (2) Being responsible for the examination prior to the application for preparation, establishment registration, modification registration (including the modification for archival filing) or cancellation registration of a banking association, in which the examination of modification registration includes the examination of relevant prescribed matters on the takeover work of the banking association and the daily modification matters that are required to be examined pursuant to the relevant provisions; (3) Being responsible for the preliminary examination of the annual check of banking associations; (4) Organizing, together with the registration administrative organ, to carry out financial audits of banking associations prior to the personnel change or the changing of the legal representative of a banking association; (5) Coordinating the registration administrative organ for social organizations and other relevant departments to investigate and handle any illegal or irregular act committed by a banking association; (6) Instructing banking associations in respect of liquidation matters, in conjunction with relevant organs; and (7) Other supervisory duties. Article 44. The banking regulatory organ shall perform the following guiding functions for banking associations: (1) Incorporating the development of banking associations into the overall banking development plans, and studying to solve difficulties and problems encountered during course of the development of banking associations; (2) Guiding a banking association to undertake the work that can exert the advantages of the association and is suitable for the association; (3) Expanding channels for exchanging documents and information, and promptly submitting those relevant documents and materials involving the association work to banking associations; (4) Inviting banking associations to accredit persons to participate in relevant business work sessions, promptly transmitting and circulating to the associations the market conditions, the emphasis of the supervisory work, administrative punishments and relevant guidelines and policies; and (5) Regularly or irregularly listening attentively to the work reports of banking associations, and presenting guiding suggestions for annual work arrangements of banking associations. CHAPTER VIII SUPPLEMENTARY PROVISIONS Article 45. Any constitution, relevant regulation and rule of a banking association contrary to these Guidelines shall be altered by referring to these Guidelines. Article 46. The power to interpret these Guidelines shall be vested in the China Banking Regulatory Commission. Article 47. The relevant work of the China National Association of Finance Companies and the China Trust Association shall be implemented by referring to these Guidelines. Article 48. These Guidelines shall come into force as of the date of promulgation. |
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