发布文号: Order No.2 [2003] of China Banking Regulatory Commission
（which adopted by Order No.2 [2003] of China Banking Regulatory Commission, and amended in accordance with the Decision of China Banking Regulatory Commission on Amending the Measures for the Administration of Financial Licenses which was adopted on the 55th chairman's meeting of the CBRC on December 28th, 2006）
Article 1 For the purpose of strengthening the access administration of financial institutions and promoting the legal operation of financial institutions, these Measures are formulated in accordance with the Banking Regulation Law of the People's Republic of China, the Administrative License Law of the People's Republic of China and other relevant laws and regulations.
Article 2 The term "financial licenses" as mentioned in these Measures shall refer to the legal documents issued by China Banking Regulatory Commission （hereinafter referred to as CBRC） according to law to permit financial institutions to operate financial businesses.
The power to issue, replace, and revoke financial licenses shall remain with the CBRC, and no other entity or individual may exercise the aforesaid power.
Article 3 Financial licenses shall apply to financial institutions that are subject to the regulation by the CBRC and that have been approved to operate financial businesses.
Financial institutions include policy banks, commercial banks, rural cooperative banks, urban credit cooperatives, rural credit cooperatives, village banks, finance companies, rural fund cooperatives, financial assets management companies, trust companies, enterprise group finance companies, financial lease companies, auto financial companies and currency brokerage companies, etc.
Article 4 The CBRC applies to financial licenses the administration principles of level-by-level authorization, and appropriate separation of the power to examine and approve the institutions from the power to issue licenses.
1） the CBRC shall be responsible for the issuance and administration of the financial licenses of financial institutions qualified as corporation （policy-oriented banks, solely state-funded commercial banks, joint-stock commercial banks, financial assets management companies, trust and investment companies, enterprise group finance companies, and financial lease companies etc.） directly subject to its regulation; and be responsible for the issuance and administration of the financial licenses of foreign-funded financial institutions such as solely foreign-funded banks and the branches thereof, Chinese-foreign equity joint banks and the branches thereof, branches of foreign banks, solely foreign-funded finance companies, and Chinese-foreign equity joint finance companies.
2） Banking regulatory bureaus shall be responsible for the issuance and administration of the following institutions' financial licenses: 1. branches of policy banks, state-owned commercial banks and joint-stock commercial banks （including sub-branches in other places）; 2. branches and sub-branches （offices） of financial assets management companies; 3. urban commercial banks qualified as corporations and the branches and sub-branches thereof; 4. institutions subordinated to the branches of foreign-funded banks （excluding the branches）; 5. non-banking financial institutions such as trust and investment companies, enterprise group finance companies and financial lease companies other than those directly subject to the regulation of the CBRC, and the branches and sub-branches thereof; 6. urban credit cooperative associations, rural credit cooperative associations （at the level of province, prefecture or city）, rural commercial banks and rural cooperative banks qualified as corporations; and 7. village banks, finance companies, rural fund cooperatives and business outlets of financial institutions in the same cities where the bureaus are located.
3） The regional （city, prefecture） sub-bureaus of the CBRC shall be responsible for the issuance and administration of the financial licenses of financial institutions and the branches and sub-branches thereof other than those mentioned above.
Article 5 Where the CBRC or its dispatched office decides to issue a financial license to a financial institution or replace the original of the financial institution, it shall do so within 10 days since the date when the administrative decision is made.
Article 6 To draw the financial license, a financial institution shall provide the following materials: 1. the approval document issued by the CBRC or its dispatched office;
2. letter of introduction of the financial institution;
3. the legal and valid identity certificate of the person sent to draw the license; and
4. other materials as required by the CBRC or its dispatched office.
Article 7 A financial license shall specify the following contents:
1） Institutional codes （financial institutions allover the country shall be coded in a unified way）;
2） Institutional name （rural credit cooperatives shall indicate the institution qualified as corporation or the branch and sub-branch in the brackets）;
3） Laws and regulations taken as basis;
4） Date of approved establishment of the institution;
5） Business address;
6） Date of issuance of the license;
7） Official stamp of the CBRC or its dispatched office.
Article 8 In any of the following events, a financial institution shall apply for replacement of the financial license with the CBRC or its dispatched office:
1） Change of the institutional name;
2） Change of the business address （limited to the liquidation code）;
3） Damage of the license;
4） Loss of the license;
5） Other events in which the CBRC or its dispatched office regards the license shall be replaced.
In the event of the change of institutional name or business address, the old license shall be surrendered to the CBRC or its dispatched office, and the financial institution shall draw the new license by taking with it the materials specified in Article 6 of these Measures.
In the event of damage of the license, the old license shall be returned when the financial institution applies for the license anew.
In the event of loss of the license, the financial institution shall invalidation of the old license on the newspaper designated by the CBRC or its dispatched office, and apply for a license anew.
Article 9 The principle of institutional code for life shall be applied with respect to financial licenses. Except for the reasons of change of institutional name, change of business address （limited to the liquidation code）, and cancellation of the financial institution etc., an institutional code shall not be changed once it is determined.
If the financial license is lost or damaged, the original institutional code shall be continually used where a new license is applied for.
If the financial license is revoked, the institutional code shall be invalidated automatically and no longer be used.
Article 10 Where a financial institution's administrative license is cancelled or withdrawn, or its financial license is revoked, or it is dismissed, rescinded or d bankrupt, the financial institution shall, within 15 days since it receives the relevant document or legal paper from the CBRC or its dispatched office or the written order of bankruptcy from the people's court, surrender the financial license to the banking regulatory organ issuing the license. If it fails to do so within the prescribed time limit, the banking regulatory organ issuing the financial license shall take over the license within 5 days upon the expiration of the time limit for surrendering it.
Article 11 The issuance or change of a financial license shall be announced on the nationally published newspaper designated by the CBRC or its dispatched office.
The revocation of a financial license shall also be announced on the newspaper designated by the CBRC or its dispatched office.
Article 12 The specific contents of the announcement shall include: institutional name, business address, financial institutional code, post code, and contact telephone number.
Article 13 The financial license shall be displayed to the public at an eye-catching position of the business place of a financial institution.
A financial institution shall publicize its business scope and principal in charge at an eye-catching place of its business place in an appropriate way. Business scope shall be listed one by one and the name of the principal in charge shall be determined according to the appointment document issued by the higher authority of the financial institution. A financial institution shall change the content to be publicized within 5 days upon any change in the business scope or of the principal in charge.
The CBRC or its dispatched office shall supervise and inspect the public display according to law.
Article 14 No entity or individual may forge or alter any financial license. And no financial institution may lease, rent, or transfer any financial license.
Article 15 The CBRC or its dispatched office shall strengthen the information administration of financial licenses, establish a sound archive system of institution administration, and disclose the relevant information about financial licenses according to law.
Article 16 Where any financial institution, in violation of the present Measures, commits any of the following acts, the CBRC shall order it to get right within a prescribed time limit and give it a warning; if the institution fails to get right within that time limit, it may be imposed on a fine of less than 30,000 Yuan; if the circumstances are serious, the senior managerial personnel directly in charge may be deprived of their post qualification:
1） Failing to replace the financial license according to the provisions;
2） Damaging the financial license;
3） Losing the financial license and failing to report the loss to the CBRC; or
4） Failing to display to the public the financial license at the business place;
Article 17 Any commercial bank that leases or lends the financial license shall be punished according to the relevant provisions of the Law of the People's Republic of China on Commercial Banks.
Article 18 Any entity or individual forging, altering or transferring financial licenses shall be transferred to the judicial organ and subject to corresponding criminal liabilities.
Article 19 Financial licenses shall be printed and managed by the CBRC in a unified way. The CBRC shall print financial licenses according to the coding method for financial licenses, and financial licenses are valid only if they are affixed with the official stamp of the CBRC or its dispatched office when they are issued.
Financial licenses shall be subject to the special management of important proofs. The functions of keeping, printing, and issuing financial license shall be separated from and restricted by each other, and the registration system of the issuance, withdrawal, and destroying of financial licenses shall be established as the same time.
The invalidated licenses, withdrawn old licenses, and licenses returned and revoked according to law during the administration of the issuance of financial licenses shall be affixed with the stamp of "invalidated", be put on archive as import blank proofs and be destroyed at fixed terms.
Article 20 The present Measures shall be implemented as of July 1, 2003. Where any other relevant provisions conflict with these Measures, the latter shall prevail.
