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| Notice of the China Banking Regulatory Commission on Effectively Covering the Supervision Shortness and Enhancing the Supervision Efficiency | | 中国银监会关于切实弥补监管短板提升监管效能的通知 |
| (No. 7 [2017] of the China Banking Regulatory Commission) | | （银监发﹝2017﹞7号） |
| In recent years, along with the development of the financial market, the business structure and risk features of the banking sector have new changes, and some drawbacks in the regulatory rules and practice of the banking sector are exposed. For the purposes of further enhancing supervision efficiency, preventing and eliminating financial risks, and promoting the safe and sound operation of the banking sector, you are hereby notified of the matters on covering supervision shortness as follows: | | 近年来，随着金融市场发展，银行业业务结构、风险特征出现了新变化，暴露出银行业监管制度和实践中存在一些缺陷。为进一步提升监管有效性，防范化解金融风险，促进银行业安全稳健运行，现就弥补监管短板有关工作事项通知如下： |
| I. Reinforcing the construction of regulatory rules | | 一、强化监管制度建设 |
| (1) The shortness of regulatory rules shall be covered. In view of international regulatory standards, and in light of the actual risk status of the banking sector in China, in-depth investigation of the loopholes in regulatory rules shall be conducted so as to cover the shortness of regulatory rules as soon as possible. First, problem-based orientation shall be adhered to, and in light of the existing prominent risks in the banking sector, the regulatory rules on the management of shareholders, cross financial products, and the wealth management business, among others, shall be supplemented and improved. Second, priority shall be given to those in urgent need. Those in urgent need and have evident short-term effects shall be initiated, and documents shall be issued as soon as possible, so as to obtain actual effects as soon as possible. Third, coordination and cooperation shall be adhered to, connection and cooperation between rules shall be reinforced, and the space of regulatory arbitrage shall be reduced. | | （一）补齐监管制度短板。借鉴国际监管标准，结合我国银行业实际风险状况，深入排查监管制度漏洞，尽快弥补监管制度短板。一是坚持问题导向，针对银行业目前存在的突出风险，补充完善股东管理、交叉金融产品、理财业务等监管制度。二是坚持急用先行，对需求迫切、短期效果明显的，要尽早启动，尽早印发，尽快取得实效。三是坚持协调配套，强化规制之间的衔接配合，压缩监管套利空间。 |
| (2) The detailed rules for supervision shall be improved. Regulatory authorities at all levels shall, according to the division of functions, systemically review the operating procedures in such aspects as market access, off-site supervision, on-site inspection, supervision punishment, and information disclosure, specify regulatory requirements, enhance supervision efficiency and transparency, continuously evaluate effects, and continuously make up the deficiencies. | | （二）完善监管实施细则。各级监管部门要按照职责分工，系统梳理市场准入、非现场监管、现场检查、监管处罚、信息披露等方面的操作规程，细化监管要求，提高监管效率和透明度，持续开展效果评估，不断查漏补缺。 |
| (3) Internal management rules shall be improved. Banking financial institutions shall comprehensively benchmark regulatory rules, find out the blanks and loopholes in internal management rules, supplement and improve them item by item, transform all kinds of regulatory requirements into the policies, procedures and methods for corporate governance, business operation and risk control in a timely manner, and ensure the implementation of all regulatory rules. | | （三）健全内部管理制度。银行业金融机构应全面对标监管制度，排查内部管理制度的空白和漏洞，逐项增补完善，及时将各类监管要求转化为公司治理、业务经营和风险控制的政策、流程和方法，确保各项监管制度落地实施。 |
| II. Curbing the source of risks | | 二、强化风险源头遏制 |
| (1) The supervision of shareholders' access shall be reinforced. Research shall be conducted to develop uniform rules for the management of shareholders of banking financial institutions, and the regulatory requirements for the qualification of shareholders of banking financial institutions and the quantity of institutions holding controlling and non-controlling shares, among others, shall be specified. Regulatory authorities at all levels shall reinforce access supervision, recognize actual controllers and final beneficiaries in a profound manner and examine their qualifications, strengthen the examination of affiliated relations, prevent the evasion of examination of shareholders' qualifications by such methods as authorizing any other person to hold equities on behalf thereof, and affiliated parties and their persons acting in concert jointly hold shares, reinforce the examination of fund sources, ensure that the funds for purchasing shares are shareholders' own funds, and the source is legal. | | （一）加强股东准入监管。研究制定统一的银行业金融机构股东管理规则，明确银行业金融机构股东资格、参控股机构数量等监管要求。各级监管部门应强化准入监管，穿透识别实际控制人、最终受益所有权人，并审查其资质；加强关联关系审查，防止通过委托他人代持股权、关联方与一致行动人联合持股等方式规避股东资格审查的行为；加强资金来源审查，确保入股资金为投资人自有资金，来源合法合规。 |
| (2) The supervision of shareholders' conduct shall be reinforced. Regulatory authorities at all levels shall sufficiently take such means as advance examination, interim verification, and ex post investigation to reinforce the continuous supervision of shareholders' conduct. The equity transfer of banking financial institutions shall be regulated, and equity transfer conducted through primary and secondary markets and domestic and overseas markets shall be uniformly included in the scope of examination. The acts of controlling shareholders and actual controllers shall be strictly managed and controlled, so as to ensure their lawful exercise of control right, illegal intervention in business decisions shall be prohibited, and the obtainment of illicit benefits through affiliated transactions shall be prohibited. Any shareholder that seriously violates any regulation shall be ordered to transfer the equity thereof or his or her shareholders' rights shall be restricted in accordance with the law. | | （二）加强股东行为监管。各级监管部门应充分利用事前审查、事中核查、事后追查等手段，强化对股东行为的持续监管。规范银行业金融机构股权转让行为，将通过一二级市场、境内外市场开展的股权转让统一纳入审查范围；从严监管控股股东及实际控制人行为，确保其依法合规行使控制权，严禁不正当干预经营决策，严禁通过关联交易获取不正当利益。对严重违规的股东，要依法责令其转让股权或限制其股东权利。 |
| (3) Equity management shall be improved. Banking financial institutions shall establish and improve equity management rules, comprehensively review the information on major shareholders and affiliates, obtain the information on their major changes, and report the information on equity transfer exceeding the prescribed ratio to regulatory departments in a timely manner for examination or recordation, and disclose the equity pledge and financing information of major shareholders in a timely manner. They shall explore centralized equity custody, and enhance standardized equity management, strictly administer affiliated transactions, reinforce the risk examination of shareholders' credit extension, and prevent the arbitrage of banks' funds. Banking financial institutions shall require major shareholders to make commitments on the lawful exercise of rights and equity transfer in compliance with regulations, among others. | | （三）加强股权管理。银行业金融机构应建立健全股权管理制度，全面梳理主要股东及关联方情况，掌握其重大变化，对超过规定比例的股权转让应及时报监管部门审查或备案，及时披露主要股东的股权质押融资信息；探索实施股权集中托管，提高股权管理规范性；严格关联交易管理，强化对股东授信的风险审查，防止套取银行资金。银行业金融机构应要求主要股东就合法行使权利、合规转让股权等出具承诺。 |
| III. Reinforcing off-site and on-site supervision | | 三、强化非现场和现场监管 |
| (1) Enhancing off-site supervision capability. Regulatory departments at all levels shall utilize the functions of off-site information systems and bank risk early warning systems in an active and profound manner, strengthen in-depth analysis, find out potential risks in a timely manner, and accurately determine abnormal institutions with radical business expansion and high degree of deviation of risk indicators as the focus of supervision. They shall sufficiently utilize the statistical system for clients' risks, effectively recognize high-risk clients which have long position financing, excessive guarantee and high debt ratio, warn of risks in a timely manner, and urge banking financial institutions to reduce risk exposures. They shall effectively strengthen market analysis, pay close attention to the changes of the exchange market, stock market, debt market and real estate market and risk transmission, and effectively prevent and control the risks of investment and other relevant businesses. | | （一）提高非现场监管能力。各级监管部门应积极深入运用非现场信息系统、银行风险早期预警系统功能，加强深度分析，及时捕捉风险苗头，准确定位业务扩张激进、风险指标偏离度大的异常机构作为监管重点。充分利用客户风险统计系统，有效识别多头融资、过度担保、债务率高的高风险客户，及时提示风险，督促银行业金融机构压降风险敞口。切实加强市场分析，密切关注汇市、股市、债市、房地产市场变化和风险传导，有效防控投资等相关业务风险。 |
(2) Enhancing pertinent on-site inspection. All local CBRC offices shall accurately direct and determine high-risk banking financial institutions to conduct on-site inspection. They shall enhance the on-site inspection of credit risks, verify asset quality, and seriously investigate and punish unfaithful reflection of non-performing assets. Banking financial institutions which have a high level of reliance over interbank financing and rapid growth rate of interbank deposits shall focus on the inspection of maturity mismatch and the validity of liquidity management. Institutions of which the interbank investment business accounts for a high proportion shall focus on the inspection whether penetrated management is conducted, and whether sufficient provision of capital is made. Institutions with a relatively large scale of the wealth management business shall focus on the inspection of the fulfillment of requirements of “three documents” and the sufficiency of consumers' information disclosure and risk warning.
．．．．．． | | （二）提升现场检查针对性。各银监局要精确制导、锁定高风险银行业金融机构开展现场检查。加大信用风险现场检查力度，核实资产质量，严肃查处不如实反映不良资产的行为。对于同业融资依存度高、同业存单增速快的银行业金融机构，要重点检查期限错配情况及流动性管理有效性。对于同业投资业务占比高的机构，要重点检查是否落实穿透管理、是否充足计提拨备和资本。对于理财业务规模较大的机构，要重点检查“三单”要求落实情况、对消费者信息披露和风险提示的充分性。
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