(Promulgated by the People's Bank of China on April 10, 2003)
Chapter One General Provisions
Article 1 These rules are formulated according to the "Law of the People's Republic of China on the People's Bank of China" and the "Commercial Banking Law of the People's Republic of China" so as to regulate the opening and use and strengthen management of RMB bank settlement accounts (hereinafter referred to as "bank settlement accounts") and safeguard economic and financial stability.
Article 2 These rules are applicable to bank settlement accounts opened by depositors with banks domiciled in China.
"Depositors" hereinafter refer to government agencies, social organizations, military units, enterprises, public institutions and other organizations (referred as Institutions hereinafter), self-employed entities and natural persons that maintain settlement accounts with banks in China.
Banks in these rules refer to policy banks, commercial banks (including wholly foreign-funded banks, Sino-foreign joint-equity banks and branches of foreign banks), urban and rural credit cooperatives that are approved by the People's Bank of China to engage in payment and settlement business in China.
Bank settlement accounts in these rules refer to RMB demand deposit accounts opened by banks for depositors to effect payment and settlement of funds.
Article 3 Bank settlement accounts may be classified on the basis of the nature of depositors into bank settlement accounts for institutions and bank settlement accounts for individuals.
(1) A bank settlement account opened by a depositor in the name of an institution is a bank settlement account for institution. Based on their uses, bank settlement accounts for institutions may be divided into basic deposit accounts, general deposit accounts, special deposit accounts and temporary deposit accounts.
Bank settlement accounts opened by self-employed entities with the brand of their products or the name of the owner appeared in the business license shall be managed as bank settlement accounts for institutions.
(2) A bank settlement account opened by a natural person depositor with his or her ID is a bank settlement account for individual.
Banking accounts opened by postal savings institutions to conduct banking card business shall be managed as bank settlement accounts for individuals.
Article 4 A depositor opening bank settlement accounts for institutions may only keep one basic deposit account in banks.
Article 5 Depositors shall open bank settlement accounts in the place where they are registered or located, except for those allowed by these rules to open bank settlement accounts outside their places of residence (in different provinces, cities or counties).
Article 6 Opening of basic deposit accounts, temporary deposit accounts, or opening of special deposit accounts by budget units shall be subject to review and approval of the People's Bank of China. With the approval, the bank that is to hold the account shall issue a registration certificate of opening of such an account. However, temporary deposit accounts opened by depositors for the purpose of examination of registered capital requirement compliance are exempted from such a stipulation.
Article 7 Depositors may make their own choices of banks to open bank settlement accounts. No institutions or individuals are allowed to command depositors to open bank settlement accounts with designated banks, unless stipulated otherwise by laws, administrative regulations or rules of the State Council.
Article 8 The opening and use of bank settlement accounts shall be conducted in accordance with laws and administrative regulations. It is not allowed to use bank settlement accounts to evade tax and debt payment, make illegal encashment or for other criminal purposes.
Article 9 Banks shall ensure confidentiality of information about depositors' bank settlement accounts. Banks shall have the right to decline any inquires by institutions or individuals on deposits and other relevant information on bank settlement accounts for institutions, unless stipulated otherwise by the laws and administrative regulations. Banks shall also have the right to decline any inquiries by institutions or individuals on deposits and other relevant information on bank settlement accounts for individuals, unless stipulated otherwise by the laws and administrative regulations.
Article 10 The People's Bank of China is the supervisory authority of bank settlement accounts.
Chapter Two Opening of Bank settlement accounts
Article 11 The basic deposit accounts are bank settlement accounts that the depositors need to open to conduct day-to-day transfer and settlement of funds as well as receipt and payment of cash. Following depositors are eligible to open basic deposit accounts:
(1) An enterprise that is a legal entity.
(2) An enterprise that is not a legal entity.
(3) Government agencies and public institutions.
(4) Military units, armed police and detachment on separate missions that are above regiment level.
(5) Social organizations.
(6) Non-enterprise private organizations.
(7) Permanent office outside its place of residence.
(8) Resident offices of international organizations in China.
(9) Self-employed entities.
(10) Community agencies.
(11) Subsidiaries of institutions that maintain independent accounts.
(12) Other organizations.
Article 12 General deposit accounts are bank settlement accounts opened by a depositor for borrowing or other payment needs with banks other than the bank that holds the basic deposit account.
Article 13 Special deposit accounts are bank settlement accounts opened by a depositor to separately manage and use earmarked funds in accordance with laws, administrative rules or regulations. Depositors may apply for opening of special deposit accounts for the management and use of following type of funds:
(1) Funds for capital construction.
(2) Funds for technology upgrading.
(3) Extra budgetary funds.
(4) Funds for procurement of grain, cotton and edible oil.
(5) Settlement funds for securities transactions.
(6) Margin funds for futures trading.
(7) Trust funds.
(8) Interbank deposits of financial institutions.
(9) Funds for policy encouraged real estate development.
(10)Deposit reserves for banking cards of enterprises.
(11)Housing provident funds.
(12)Social security funds.
(13)Surrendered proceeds and funds for business spending.
(14)Operational funds for offices of the Party, the Youth League and the Trade Union institutions.
(15)Other funds that need to be separately managed and used.
Surrendered proceeds and funds business spending refer to income and expenses of non-financially independent subsidiaries detachments affiliated with or of the depositors that own basic deposit accounts.
Special deposit accounts opened for surrendered proceeds and funds for business spending shall use the name of the parent institution.
Article 14 Temporary deposit accounts are bank settlement accounts opened by a depositor for temporary need and to be used in a limited period of time. Depositor may apply for opening of temporary deposit accounts on the following occasions:
(1) Establishment of temporary institutions.
(2) Temporary operations in different places.
(3) Examination of registered capital requirement compliance.
Article 15 Bank settlement accounts for individuals are deposit accounts opened by natural persons for investment, consumption and settlement purpose, which may be used to carry out payment and settlement businesses. A depositor may apply for opening of bank settlement accounts for individuals on the following occasions:
(1) Using credit payment instruments such as checks and credit cards.
(2) Conducting settlement business such as remittance, regular credit, regular debit and debit card business.
A natural person may either apply for opening of bank settlement accounts for individuals according to his or her own needs, or select an existing saving account as a bank settlement account for individuals after applying to the account-holding bank and get its permission.
Article 16 A depositor may open bank settlement accounts outside its place of residence on any of the following occasions:
(1) Places of business registration and operation are in different administrative areas (different provinces, cities, counties), which entails the need of opening of basic deposit accounts.
(2) Borrowing from other places or conducting other settlement, which need to open general deposit accounts.
(3) A depositor needs to open special deposit accounts for surrendered proceeds or business spending of its non-financially independent subsidiaries or detachments.
(4) Conducting temporary business operation outside its place of residence that need to open temporary deposit accounts.
(5) A natural person that needs to open bank settlement accounts for individual used outside its place of residence.
Article 17 When applying for opening basic deposit accounts, a depositor shall produce documents according to the following rules:
(1) If the depositor is an enterprise that is a legal entity, it shall present the original copy of the business license for a legal entity.
(2) If the depositor is an enterprise that is not a legal entity, it shall present the original copy of the business license for an enterprise.
(3) Government agencies and public institutions that are included in the budget process shall produce approval letters or certificates of registration issued by the personnel department or staffing quota commission of the government, and permission issued by fiscal agencies. Public institutions that are not included in the budget process shall produce approval letters and certificates of registration issued by the personnel department or staffing quota commission of the government.
(4) Military units, armed police units at or above regimental level and detachments on separate missions shall present certificates of account holding by the treasury departments in units that are above army level or in headquarters of the armed police.
(5) Social organizations shall produce their registration certificates, while religious organizations shall produce approval letters or certificates issued by religious affairs administration authorities as an addition.
(6) Private non-enterprise organizations shall produce registration certificates for private non-enterprise organizations.
(7) Resident offices outside their places of residence shall produce approval letters issued by the government of where they are located.
(8) Resident offices in China of international organizations shall produce approval letters or certificates issued by relevant Chinese authorities; representative offices or operational branches of foreign companies shall produce registration certificates issued by the Chinese registration agencies.
(9) Self-employed entities shall produce original copies of their business licenses.
(10) Community agencies shall produce approval letters and certificates issued by relevant authorities.
(11) Financially independent subsidiaries shall produce registration certificates for opening of basic deposit accounts and approval letters issued to entities to which they are affiliated.
(12) Other organizations shall produce approval letters or certificates issued by relevant authorities.
Depositors in this Article that are taxpayers and engaged in productive and commercial activities shall, in addition, produce tax registration certificates issued by the taxation authority.
Article 18 When applying for opening general deposit accounts, a depositor shall produce relevant documents according to the following requirements, in addition to the documents required for opening basic deposit accounts and the registration certificate of opening basic deposit accounts:
(1) If in need of borrowing from banks, the depositor shall produce borrowing contracts.
(2) If for the purpose of conducting other settlement, the depositor shall produce relevant documents.
Article 19 When applying for opening special deposit accounts, a depositor shall produce relevant documents according to the following requirements, in addition to the documents required for opening basic deposit accounts and the registration certificate of opening basic deposit accounts:
(1) As for depositing funds of capital construction, technology upgrading, policy encouraged real estate development, housing provident funds and social security funds, the depositor shall produce approval documents of relevant authorities.
(2) As for depositing extra budgetary funds, the depositor shall produce approval of fiscal agencies.
(3) As for depositing funds for procurement of grain, cotton and edible oil, the depositor shall produce approval of relevant authorities.
(4) As for depositing reserve funds of institutions for banking card transactions, the depositor shall produce relevant documents according to the rules on banking card transactions approved by the People's Bank of China.
(5) As for depositing settlement funds for securities transactions, the depositor shall produce certificates issued by securities firms or the securities supervisory authority.
(6) As for depositing margin funds for futures trading, the depositor shall produce certificates issued by futures firms or the futures supervisory authority.
(7) As for interbank deposits of financial institutions, the depositor shall produce relevant certificates.
(8) As for depositing surrendered proceeds and funds for business spending, the depositor shall produce relevant certificates of the depositors holding basic deposit accounts.
(9) As for depositing operational funds for offices of the Party, the Youth League and the Trade Union in institutions, the depositor shall produce approval documents or certificates issued by these institutions or relevant authorities.
(10) As for depositing other funds required to be managed or used separately, relevant copies of laws and regulations or relevant documents of government shall be produced.
Article 20 Special RMB account and RMB fund settlement accounts opened by qualified foreign institutional investors (QFII) for the convenience of domestic securities investment shall be managed as special deposit accounts. A QFII shall produce approval issued by the State Administration of Foreign Exchange for opening special RMB account, and in the case of opening RMB fund settlement account, the business license for securities investment issued by the securities authority is required.
Article 21 When applying for opening temporary deposit accounts, a depositor shall produce relevant documents to banks according to the following rules:
(1) As for temporary institutions, they shall produce approval for their establishments issued by relevant authorities in residence place.
(2) As for construction or equipment installation enterprises operating outside their original registration location, they shall produce original copies of their or their parent institutions' business licenses, and permission issued by local construction/equipment installation authorities or contracts of construction/equipment installation.
(3) As for institutions engaged in temporary operations outside their original registration location, they shall produce original copies of their business licenses and approval issued by local administration bureaus of industry & commerce.
(4) As for funds deposited for registration and examination of capital requirement compliance, the depositor shall produce Notice of Advance Approval of Enterprises' Names issued by the administrative authorities of industry & commerce or approval of other relevant authorities
Depositors that fall into section (2) and (3) shall, in addition, produce their registration certificates for opening of basic deposit accounts.
Article 22 When applying for opening of bank settlement accounts for individuals, depositors shall produce ID cards to banks according to the following rules:
(1) Residents of China shall produce ID cards or temporary ID cards.
(2) Military units servicemen shall produce their army ID cards.
(3) Armed Police shall produce their armed police ID cards.
(4) Residents of Hong Kong, Macau and Taiwan shall produce valid ID cards issued by the state immigration/emigration authorities.
(5) Foreign citizens shall produce passports.
(6) Other valid certificates stipulated by laws, regulations and relevant state documents.
When opening bank settlement accounts for individuals, banks may also require applicants to produce other valid certificates accordingly, including certification of permanent residence registration (Hukou), driving licenses or passports.
Article 23 When a depositor needs to open bank settlement accounts for institutions outside their original registration location, relevant certificates shall be provided according to the following rules in addition to the relevant documents required to be submitted in Article 17, 18, 19, 20 of these rules:
(1) Depositors that are registered and operating outside their administrative places, when opening basic deposit accounts outside their original registration location, shall produce certificates issued by branch office(s) of the People's Bank of China in where they are registered, which prove that they have not opened basic deposit accounts.
(2) Depositors that borrow from outside their original registration location, when opening general deposit accounts outside their places of residence, shall produce borrowing contracts proving they have got loans from that location.
(3) Depositors to effect proceeds surrender and business spending outside their original registration location due to operational needs, when opening special deposit accounts in that location, shall produce relevant certificates of their parent institutions.
Depositors that fall into Section (2), (3) of this Article shall, in addition, produce their registration certificates of opening of basic deposit accounts.
Depositors that need to open bank settlement accounts for individuals outside their original registration location shall produce certificates required by Article 21 of these rules.
Article 24 Titles that institutions use to open bank settlement accounts shall be consistent with those they provide in their certificate documents for application for opening of accounts. A self-employed entity with a brand name shall ensure consistence of the title of its bank settlement account and the brand name recorded in its business license. Titles of bank settlement accounts opened by self-employed entities that have no brand name shall comprise characters of "Self-employed Entities" and "names" of the owners recorded in their business licenses. Titles of bank settlement accounts opened by natural persons shall be consistent with names in the valid ID certificates provided.
Article 25 When a bank opens a general deposit account, an special deposit account or a temporary deposit account for a depositor, it shall inform the bank that holds the basic deposit account for that depositor within 3 working days after the opening of such accounts.
Article 26 Applications for the opening of bank settlement accounts for institutions may be filed by the legal person or head of the applying institution, or other people authorized by that institution.
If it is the legal entity or head of the institution that files the application, in addition to required certificates, he or she still needs to produce his or her ID card. In the case of other people authorized by the institution, in addition to the required certificates, he or she still needs to produce authorization issued by and the ID card of the legal entity or head of that institution, as well as his or her own ID card.
Article 27 When applying for opening of bank settlement account, a depositor shall fill the application form for opening of such account. The application form is to record relevant information required by the People's Bank of China.
Article 28 Banks shall carefully verify the authenticity, integrity and regulatory compliance of certificate and filled-in information in the application form.
When the application form is filled completely and meets the requirements for opening a basic deposit account, a temporary deposit account or an special deposit account of a budget unit, the bank shall send to the local branch office of the People's bank of China the filled application form, the required certificates and review conclusion of the bank and go on with the opening account process after being approved by the local branch office of the People's Bank of China.
As to applications that meet the requirements for opening general deposit accounts, other special deposit accounts or bank settlement accounts for individuals, banks shall carry out the opening account process right away and file the case with the local branch office of the People's Bank of China within five working days after the opening of such accounts.
Article 29 The People's Bank of China shall review the regulatory compliance of the documents submitted for opening basic deposit accounts, temporary deposit accounts and special deposit accounts of budget units within two working days. It shall approve those eligible applications, while sign and return those ineligible application forms along with the submitted certificates back to the bank.
Article 30 When opening a bank settlement account for a depositor, the bank shall sign an agreement with the depositor on the management of that bank settlement account, defining rights and obligations of either party. It shall also keep cards that contain the stamp or signature of the depositor and keep files of the original copies or duplicates of the stamp or signature and required certificates.
Article 31 Registration certificates of opening accounts are the valid proof containing information on bank settlement accounts for institutions. Depositors shall use these certificates in accordance with these rules and keep them in safe place.
Article 32 When opening general deposit accounts, special deposit accounts or temporary deposit accounts for depositors, banks shall record on the registration certificates of basic deposit accounts names of the accounts, numbers of the accounts, nature of the accounts, banks to hold the accounts and the opening date of the accounts and stamp on it. Temporary deposit accounts that are opened by temporary institutions or in need of registration and examination of capital requirement compliance are exempted from this requirement.
Chapter Three Use of Bank settlement accounts
Article 33 Basic deposit account is the principal account for a depositor. Funds receipt and payment in depositors' day-to-day operations, as well as withdrawal of salary, bonus or cash, shall all be conducted through this account.
Article 34 General deposit account is to be used for depositing borrowing proceeds, repaying debt and other settlements. Such an account may be used to surrender cash, but is prohibited from being used to withdraw cash.
Article 35 Special deposit account is to be used for receipt and payment of various earmarked funds. Funds deposited in enterprise banking card accounts shall only be transferred from the basic deposit accounts and are not allowed to be used for cash receipt and payment.
Cash withdrawal is not allowed from special deposit accounts for extra budgetary funds, settlement funds of securities transactions, margin funds for futures trading and trust funds.
If depositors need to withdraw cash from accounts set for depositing funds of capital construction, technology upgrading, policy encouraged real estate development or interbank deposits of financial institutions, they shall apply for approval of the local branch office of the People's Bank of China when applying for opening such accounts. The local branch office of the People's Bank of China shall review and approve the applications according to rules on cash management.
Cash withdrawal from special deposit accounts for depositing social security funds, housing provident funds and funds for procurement of grain, cotton and edible oil shall be carried out in accordance with rules on cash management.
Accounts set for depositing proceeds surrender are not allowed to conduct payment transactions except for transferring funds to the basic deposit accounts or special deposit accounts for extra budgetary funds. No cash withdrawal is allowed. Accounts for effecting business spending are not allowed to receive funds except for funds transferred from the basic deposit accounts. Cash withdrawal from such accounts shall be conducted in line with rules on cash management.
Banks shall reinforce surveillance according to these rules and rules on management and use of funds for procurement of grain, cotton and edible oil. Banks shall not conduct funds receipt and payment and cash withdrawal that are in violation of relevant rules and regulations. However, banks are not responsible for supervising the use of other earmarked funds.
Article 36 Temporary deposit accounts are to be used for funds receipt and payment resulted from temporary operations by temporary institutions or depositors.
The validity period of temporary deposit accounts shall be determined according to the validity period defined in the relevant certificate for opening of such accounts, as well as the need of the depositors. If depositors need to extend the validity period while using such accounts, they shall apply to the bank that holds the account during the validity period. Then the bank shall submit such applications to the local branch office(s) of the People's Bank of China and make the extension upon approval. Validity period of temporary deposit accounts shall not be longer than two years.
Cash withdrawal from the temporary deposit accounts shall be conducted in accordance with relevant rules on cash management.
Article 37 Temporary deposit account opened for depositing funds for registration and examination of capital requirement compliance may only be used to receive funds (not to disburse funds) during the examination period. The name of the person who provides such funds shall be the same as that of the investor.
Article 38 In the case of depositors opening bank settlement accounts for institutions, such accounts may only be used to conduct payment transactions three working days after their opening. However, conversion of a temporary deposit account for registration and examination of capital requirement compliance into a basic deposit account, as well as a general deposit account opened to deposit borrowing proceeds, are exempted from this restriction.
Article 39 Bank settlement accounts for individuals are to be used to conduct individuals' receipt and disbursement of fund transfers, as well as cash deposit and withdrawal. Following funds are allowed to be transferred to bank settlement accounts for individuals:
(1) Income of salary and bonus.
(2) Writer's remuneration and performance remuneration of actors.
(3) Principle and returns of investment such as bonds, futures and trust.
(4) Gains from transfer of personal debt or ownership.
(5) Deposits of retail loan proceeds.
(6) Settlement funds for securities transactions and margin funds for futures trading.
(7) Inherited or granted funds.
(8) Insurance compensation and returned premium.
(9) Tax rebate.
(10) Sales income of agricultural and mineral products.
(11) Other legitimate proceeds.
Article 40 When an institution disburses funds from its bank settlement account to a bank settlement account for individuals, it shall produce to the bank that holds its account the following warrants to effect the disbursement if the disbursement is over RMB 50 thousand yuan:
(1) Agreement on entrusted salary payment and the name list of recipients.
(2) Certificates of rewards.
(3) Contracts signed between recipients and the publishing houses or sponsors of the show performance, or certificates of disbursement to individuals
(4) Certificates of disbursement or rebate of funds to natural persons by securities firms, futures firms, trust and investment companies and lottery issuers or underwriters.
(5) Agreement of debt or ownership transfer.
(6) Borrowing contract.
(7) Warrant of insurance company.
(8) Warrant of taxation authorities.
(9) Purchase and sale contracts of agricultural and mineral products.
(10) Warrants of other legitimate funds.
When taxable funds are disbursed from bank settlement accounts for institutions to bank settlement accounts for individuals, agent institutions that deduct the tax payment on behalf of the tax payers shall produce to the bank that holds the accounts the warrant of tax payment in the disbursement.
Article 41 In the event of any of the following cases, individuals shall produce relevant funds receipts required in Article 40 of these rules.
(1) Presenting a check endorsed by an institution and requesting the bank that holds his or her account to do entrusted funds receipt and transfer the received funds to his/her bank settlement account for individuals.
(2) Presenting a check or a cashier's check applied by an institution and requesting the bank that holds his or her account to make notice payment and transfer the funds to his/her bank settlement account for individuals.
Article 42 When funds are disbursed from a bank settlement account for institutions to a bank settlement account for individuals, the bank shall carefully examine the warrant for disbursement or the original copy of warrant for funds receipt in line with stipulations in Article 40 and 41, and keep the duplicates as accounting files. The bank shall refuse to conduct the disbursement if the required warrants are not produced or are produced but not in accordance with relevant rules.
Article 43 Savings accounts are limited to cash deposit and withdrawal and shall not be used to carry out fund transfer or settlement.
Article 44 Banks shall crosscheck the books with depositors according to rules. When receiving the crosschecking statement or information, depositors of bank settlement accounts shall do the checking in time and send back to the banks within the required time limit the returning note or confirmation message.
Article 45 Depositors shall use bank settlement accounts to carry out settlement in a way compliant with these rules.
Depositors shall not lease or lend the bank settlement accounts to others or swindle banking credit through these accounts.
Chapter Four Alteration and Cancellation of Bank settlement accounts
Article 46 When a depositor changes the name of the bank settlement account but still maintains the account number and stays with the bank that holds the account, he or she shall apply to the bank holds the account for the alteration of bank settlement account within five working days and produce certificates issued by relevant authorities.
Article 47 When the legal representative or head, address or other information provided by an institution for opening a bank settlement account have been changed, the bank holds the account shall be informed in writing within five working days.
Article 48 After receiving alteration notice from the depositor, the bank shall go through the alteration process in time and report to the People's Bank of China within two working days.
Article 49 A depositor shall apply for cancellation of the bank settlement account to the bank holds the account on any of the following occasions:
(1) Being cancelled, merged, liquidated, announced bankrupt or closed;
(2) Its business license being invalidated or revoked;
(3) Need to change the bank that holds the account due to address change;
(4) Other reasons that necessitate the cancellation of the bank settlement account.
Depositors on the occasions of (1) and (2) shall apply for the cancellation of bank settlement accounts to the banks that hold the accounts within five working days.
"Cancellation" in this Article refers to an action by a depositor that leads to the termination of the use of bank settlement account because of problems with his/her qualification as account holder or other reasons.
Article 50 When a depositor cancels its basic depository account due to reasons outlined in Section (1), (2) of Article 49 of these rules, the bank that holds its basic deposit account shall inform other banks that hold other bank settlement accounts of that depositor of the cancellation within two working days after the basic deposit account is cancelled. Banks that hold other bank settlement accounts of that depositor shall notify in writing the depositor to cancel relevant bank settlement accounts within two working days after being informed. The depositor shall cancel other bank settlement accounts within three working days after being informed.
Article 51 When a bank is aware that a depositor is in the situation described in Section (1), (2) of Article 49 of these rules and is not able to complete the cancellation of bank settlement accounts within the time limit, the bank is entitled to stop the outward payment from its bank settlement accounts.
Article 52 An institution that is not approved by the administration of industry and commerce for its registration shall apply to the bank for cancellation of its temporary deposit account set for registration and examination of capital requirement compliance. The funds in this account shall be returned to the accounts from which those funds are originally disbursed. In the case the funds for registration and examination of capital requirement compliance is deposited in cash and the investor needs to withdraw the cash, original copy of the warrant of cash contribution and valid ID card of the investor shall be produced.
Article 53 A depositor that has not completely repaid its debt with the bank that holds its account is not allowed to cancel that account.
Article 54 When a depositor cancels its bank settlement account, it shall check with the account-holding bank the outstanding balance in it and return important blank checks and notes, settlement warrants and registration certificate of opening the account. The bank may only cancel that account after check-up and verification of these returned materials. If the depositor has not returned important blank checks and notes and settlement warrants, it shall produce relevant proof and bear all the losses if there is any.
Article 55 When a bank cancels a bank settlement account, it shall indicate the date of cancellation and stamp on the registration certificate of opening of that account, while at the same time report to the People's Bank of China with two working days after the cancellation of that bank settlement account.
Article 56 As to bank settlement accounts for institutions that are not involved in any payment or receipt activities in one year's time, the bank shall notify the institutions to cancel these accounts within 30 working days after the issuance of the cancellation notice. Once the time limit is reached, the bank will regard the depositor as voluntarily canceling the accounts and transfer the funds remaining to the special account for dormant funds.
Chapter Five Management of Bank settlement accounts
Article 57 The People's Bank of China is responsible for supervision and examination of the opening and use of bank settlement accounts, as well as punishment of any violation of rules on management of bank settlement accounts by depositors or banks.
Article 58 The People's Bank of China is responsible for monitoring and regulating the opening and use of bank settlement accounts.
Article 59 The People's Bank of China is responsible for administration of the registration certificates of opening of basic deposit accounts, temporary deposit accounts and special deposit accounts for budget units.
No institutions or individuals shall be allowed to counterfeit, alter or privately print the registration certificates of opening accounts.
Article 60 Banks are responsible for management of bank settlement accounts opened and used in their operational branches, monitoring and examining compliance with these rules and punishing acts of violations in opening and use of bank settlement accounts.
Article 61 Banks shall establish an accountability system, which designates particular personnel to be in charge of monitoring the opening, use and cancellation of bank settlement accounts, and reviewing depositors' application documents for opening accounts. Banks shall also report on the timely basis the information on depositors' opening and cancellation of accounts according to these rules, establish and improve registration system for opening and cancellation of accounts, create archives for bank settlement accounts, which are to be administered as accounting files.
Files of bank settlement accounts shall be kept for 10 years after cancellation of such accounts.
Article 62 Banks shall carry out annual review of existing bank settlement accounts for institutions, examining the regulatory compliance of existing bank settlement accounts and verifying the authenticity of application documents for opening accounts. Bank settlement accounts that are opened in violation of these rules shall be canceled. Any confirmed changes of bank settlement accounts shall be reported on timely basis to local branch office(s) of the People's Bank of China.
Banks shall monitor use of bank settlement accounts and timely report any suspicious payment transactions in line with procedures prescribed by the People's Bank of China.
Article 63 Depositors shall reinforce their management of signatures and seals that are filed with banks. If an institution loses its stamp or special stamp for financial use, it shall produce relevant documents, including written application, registration certificate for opening account and its business license for replacing the lost stamp. When changing its stamp or special stamp for financial use, it shall produce documents such as written application and layout of the filed signature and seal. When an individual loses or changes his or her personal seal, or changes the signing person, he or she shall produce written application validated with signature, initially filed seal or ID card of the signing person. The bank shall keep the corresponding duplicates as a warrant to change the filed signature and seal.
Chapter Six Penalties
Article 64 In the event of opening or canceling a bank settlement account, a depositor is prohibited from the following activities:
(1) Opening a bank settlement account in violation of these rules.
(2) Forging or altering warrants to deceive the banks when opening the bank settlement account.
(3) Failing to cancel the bank settlement account as required by these rules.
A non-commercial depositor involved in any of the above mentioned activities shall be warned and fined RMB1000 yuan. A commercial depositor involved in any of the above mentioned activities shall be warned and fined between RMB10000 and 30000 yuan. If a crime is committed, the depositor shall be handed over to judicial authorities and be prosecuted according to the law.
Article 65 In the event of using bank settlement accounts, a depositor is prohibited from the following activities:
(1) Transferring the funds of an institution to a bank settlement account for individuals, which is against these rules.
(2) Withdrawing cash in violation of these rules.
(3) Evading or defaulting debt payment to banks through opening bank settlement accounts.
(4) Leasing or lending the bank settlement accounts.
(5) Depositing funds transferred from bank settlement accounts other than basic deposit accounts; depositing sales proceeds or cash in the enterprise banking card accounts.
(6) Failing to change the legal representative or head of the depositing institution, depositor's address or other information required for opening bank settlement account to banks within the required time limit.
A non-commercial depositor involved in (1)-(5) of the above mentioned activities shall be warned and fined RMB1000 yuan. A commercial depositor involved in (1)-(5) of the above mentioned activities shall be warned and fined between RMB5000 and 30000 yuan. A depositor involved in (6) of the above mentioned activities shall be warned and fined RMB1000 yuan.
Article 66 In the event of opening bank settlement accounts for depositors, following activities are prohibited for the banks:
(1) Opening multiple bank settlement accounts for depositors in violation of these rules.
(2) Allowing a depositor to open bank settlement account in the name of a natural person to deposit funds obviously belonging to an institution.
A bank involved in any of the above-mentioned activities shall be warned and fined between RMB50000 and 300000 yuan. Those held immediately responsible for such violations in the bank including its senior management, other executive managers or individuals shall be given a disciplinary punishment. The People's Bank of China shall have the right to suspend review and approval of its opening of basic deposit accounts, command it to cease operation and take remedial measures or revoke its business license if the damage is serious. In the case a crime is committed, those involved in such a crime shall be handed over to judicial authorities to be prosecuted according the law.
Article 67 A bank is prohibited from any of the following activities in the use of bank settlement accounts:
(1) Providing false application documents in opening account to deceive the People's Bank of China's approval for the opening of basic deposit accounts, temporary deposit accounts or special deposit accounts for budget units.
(2) When opening or canceling a bank settlement account, it does not register or stamp on the registration certificate for opening basic deposit accounts, or does not inform the relevant account-holding banks.
(3) Conducting fund transfer and settlement using bank settlement accounts for individuals in violation of Article 42 of these rules.
(4) Conducting transfer and settlement for savings accounts.
(5) Conducting cash payment or deposit for depositors in violation of these rules.
(6) Failing to report information on opening, altering or canceling accounts to the People's Bank of China, or failing to do it within the required time limit.
A bank involved in any of the above-mentioned activities shall be warned and fined between RMB5000 and 30000 yuan. Those held immediately responsible for such violations in the bank including its senior management, other executive managers or individuals shall be given a disciplinary punishment. The People's Bank of China shall have the right to suspend review and approval of its opening of basic deposit accounts, command it to cease operation and take remedial measures or revoke its business license if the damage is serious. In the case a crime is committed, those involved in such a crime shall be handed over to judicial authorities to be prosecuted according to the law.
Article 68 A commercial depositor forging, altering or privately printing registration certificates for opening accounts shall be fined between RMB10000 and 30000 yuan, while a non-commercial depositor shall be fined RMB1000 yuan. If a crime is committed, the depositor shall be handed over to judicial authorities and be prosecuted according to law.
Chapter Seven Supplementary Provisions
Article 69 The registration certificate for opening bank settlement account shall be prepared in a unified form designed by the head office of the People's Bank of China and its printing shall be monitored by the PBC regional branches, operation offices and branches in the capital cities of provinces or autonomous regions.
Article 70 The People's Bank of China is responsible for interpretation and amendment of these rules.
Article 71 These rules shall enter into effect on September 1, 2003. "Rules on Banking Account Management" issued by the People's Bank of China on October 9, 1994 will be invalidated at the same time.
