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Notification of the General Office of the China Banking and Insurance Regulatory Commission on On-site Inspection of Some Small and Medium-sized Local Banking Institutions [Effective]
中国银保监会办公厅关于对部分地方中小银行机构现场检查情况的通报 [现行有效]
【法宝引证码】

Notification of the General Office of the China Banking and Insurance Regulatory Commission on On-site Inspection of Some Small and Medium-sized Local Banking Institutions 

中国银保监会办公厅关于对部分地方中小银行机构现场检查情况的通报

(August 2019) (2019年8月)

Since the beginning of this year, the China Banking and Insurance Regulatory Commission (“CBIRC”) has thoroughly implemented the major decisions and arrangements of the CPC Central Committee and the State Council to strengthen the supervision of local financial institutions, and conducted on-site inspection of the effectiveness of risk management and internal control of some local small and medium-sized banking institutions by adopting the problem- and risk-oriented approach. In response to some prominent problems found in the inspection, the CBIRC has put forward regulatory opinions and rectification requirements in an effort to encourage small and medium-sized local banking institutions to focus on their main business, conduct compliance operations, and develop steadily. The major problems found in the inspection are hereby notified as follows: 今年以来,银保监会深入贯彻落实党中央国务院关于加强地方金融机构监管的重大决策部署,坚持问题导向和风险导向,对部分地方中小银行机构风险管理及内控有效性情况开展了现场检查。针对检查中发现的一些较为突出的问题,提出了监管意见和整改要求,着力推动地方中小银行机构专注主业、合规经营、稳健发展。现将检查发现的主要问题通报如下:
I. Failing to fully implement the national macro policies   一、未能全面贯彻落实国家宏观政策
1. Financing has been provided in violation of provisions for real estate projects that do not have all “four certificates” (namely the land use right certificate, the construction land planning permit, the construction project planning permit, and the permit for undertaking construction). Some institutions have provided real estate companies that have not obtained the qualification to develop real estate with loans that are used to pay the demolition compensation. (一)违规为“四证”不齐房地产项目提供融资。有的机构向未取得房地产开发资质的置业公司发放贷款,用于支付拆迁补偿款。
2. Loans have been granted in violation of provisions to real estate projects with insufficient capital. The proportion of project capital in real estate development loans provided by some institutions is seriously insufficient. (二)违规向资本金不足的房地产项目发放贷款。有的机构发放的房地产开发贷款,项目资本金比例严重不足。
3. A line of credit has been provided in violation of provisions to enterprises that are non-conforming in environmental protection and emissions and seriously pollutes the environment. Some institutions have provided loans to enterprises that have been punished and listed as “seriously dishonest” by environmental protection authorities several times. (三)违规为环保排放不达标、严重污染环境企业提供授信。有的机构向数次被环保部门处罚且列入“严重失信”企业发放贷款。
4. Loans have been granted in violation of provisions to government platforms. Some institutions have granted project loans to investment companies, which are actually government financing vehicles. (四)违规向政府平台发放贷款。有的机构向投资公司发放项目贷款,该投资公司实际为政府融资平台。
II. Incomplete corporate governance and non-standardized shareholder equity management   二、公司治理不健全、股东股权管理不规范
1. The sources of funds for shareholders' buying shares are not in compliance. For individual shareholders as promoters in some institutions, their funds for buying share mainly come from trust loans. (一)股东入股资金来源不合规。有的机构个别发起人股东,入股资金来源主要为信托贷款资金。
2. Senior managers have long been absent. In some institutions, the chairman of the board has been absent for a long time, and no qualified person has been appointed to perform his duties. The long-term absence of supervisors has existed in other institutions. (二)高管人员长期缺位。有的机构董事长长期缺位,未指定符合任职资格条件的人员代为履职;有的机构监事长长期缺位。
3. The performance of the duties of the “board of directors, supervisory board and senior management” is improper. Some institutions have failed to conduct performance evaluation of senior management and members in accordance with provisions, and the evaluation results have failed to be reported to the shareholders' meeting on schedule. (三)“两会一层”履职不规范。有的机构未按规定对高管层及成员开展履职评价,评价结果未按时报告股东大会。
4. The management of major related-party transactions is so poor. Some institutions have granted single loans, the amount of which exceeds the net capital by 1%, which is considered as related-party transactions. However, such transactions have failed to be submitted to the Related-Party Transactions Control Committee for examination and to the board of directors for approval. (四)重大关联交易管理不到位。有的机构发放单笔贷款金额超过资本净额1%,属于重大关联交易,未提交关联控制交易委员会审核并报董事会批准。
5. Unsecured loans have been granted in violation of provisions to interested parties. (五)违规向关系人发放信用贷款。
III. Incomplete implementation of overall risk management and internal control requirements   三、全面风险管理及内部控制要求落实不到位
1. Regular job rotation and compulsory leave are not strictly implemented. Several heads of secondary branch offices of some institutions have not taken job rotation for more than three years. (一)未严格执行定期轮岗和强制休假。有的机构数名二级支行行长超过3年未轮岗。
2. Some institutions have reported multiple cases, and there exist omission and concealment in reporting. (二)个别机构案件多发,且存在漏报、瞒报行为。
3. The employee behavior management is poor. Some institutions violate the requirements for the isolation of risk of the employee agency account opening business. Some individual employees have transactions of large sums of money with clients' accounts, and transfer clients' funds through their own accounts and sign deposit certificates on behalf of clients.
......
 (三)员工行为管理不到位。有的机构违反员工代理开户业务风险隔离的要求,个别员工与客户的账户发生大额资金往来,并使用本人账户过渡客户资金,代理客户在存款凭证上签字。
......

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