The term "depositor" as mentioned in these Measures refers to the organs, organizations, military units, enterprises, institutions, other organizations (hereinafter referred to as units), individual industrial and commercial households and natural persons that have opened bank settlement accounts in China.
The term "banks" as mentioned in these Measures refers to policy banks, commercial banks (including wholly foreign-owned banks, Sino-foreign joint venture banks and branches of foreign banks), urban credit cooperatives and rural credit cooperatives that are approved by the People's Bank of China to engage in payment and settlement business in China.
The term "bank settlement account" as mentioned in these Measures refers to the RMB demand deposit account opened by the bank for depositors to pay and settle funds. Bank settlement accounts are divided into unit bank settlement accounts and individual bank settlement accounts according to depositors.
(1) The bank settlement account opened by the depositor in the name of the company is the bank settlement account of the company. Unit bank settlement accounts are divided into basic deposit account, general deposit accounts, special deposit accounts and temporary deposit accounts according to their purposes.
Bank settlement accounts opened by individual industrial and commercial households with business licenses in the name of shop names or operators shall be included in the management of unit bank settlement accounts.
(2) A bank settlement account opened by a depositor in the name of a natural person with his personal identity certificate is a personal bank settlement account.
The accounts opened by postal savings institutions for bank card business are included in the management of personal bank settlement accounts. Basic deposit account is a bank settlement account that depositors need to open for daily transfer settlement and cash receipt and payment. The following depositors may apply for opening a basic deposit account:
(1) Enterprise legal person.
(2) an unincorporated enterprise.
(3) institutions.
(4) Decentralizing units at or above the regimental level, armed police forces and arms (detachments) on duty.
(5) social organizations.
(6) Private non-enterprise organizations.
(7) permanent institutions in different places.
(8) Foreign institutions in China.
(9) Individual industrial and commercial households.
(10) Residents' committees, villagers' committees and community committees.
(eleven) the independent accounting subsidiary established by the unit.
(12) Other organizations. Special deposit account is a bank settlement account opened by depositors in accordance with laws, administrative regulations and rules for special management and use of their special funds. In order to manage and use the following funds, depositors may apply for opening a special deposit account:
(1) Capital construction funds.
(two) renovation funds.
(3) Extrabudgetary funds.
(4) Funds for purchasing grain, cotton and oil.
(5) Securities trading settlement funds.
(6) Futures trading margin.
(7) Trust funds.
(8) interbank funds deposited by financial institutions.
(nine) policy real estate development funds.
(ten) the unit bank card reserve fund.
(eleven) housing provident fund.
(12) social security fund.
(thirteen) income remittance funds and business expenditure funds.
(fourteen) the organization funds of the party, the league and the trade union.
(fifteen) other funds that need special management and use.
Income remittance funds and business expenditure funds refer to the income and expenditure funds of non-independent accounting units or institutions to which depositors in basic deposit account belong.
The special deposit account opened for remittance of income and business expenses shall use the name of the subordinate unit. Temporary deposit account is a bank settlement account opened by depositors for temporary needs and use within a specified period of time. In any of the following circumstances, the depositor may apply for opening a temporary deposit account:
(a) the establishment of temporary institutions.
(2) Temporary business activities in different places.
(3) Verification of registered capital. Personal bank settlement account is a deposit account opened by a natural person for investment, consumption and settlement, and can handle payment and settlement business. In any of the following circumstances, you may apply for opening a personal bank settlement account:
(1) Using credit payment instruments such as checks and credit cards.
(2) Handling remittance, regular debit, regular credit, debit card and other settlement businesses.
A natural person may apply for opening a personal bank settlement account as required, or choose from the opened savings accounts and apply to the bank for confirmation as a personal bank settlement account. In any of the following circumstances, depositors can open relevant bank settlement accounts in different places:
(1) The place where the business license is registered is not in the same administrative region (across provinces, cities and counties) and it is necessary to open a basic deposit account.
(2) It is necessary to open a general deposit account for handling loans and other settlement in different places.
(3) The depositor needs to open a special deposit account because of income remittance or business expenses incurred by affiliated non-independent accounting units or institutions.
(four) temporary business activities in different places need to open a temporary deposit account.
(5) A natural person opens a personal bank settlement account in a different place as required. When applying for opening a basic deposit account, depositors shall present the following documents to the bank:
(1) An enterprise as a legal person shall issue the original business license of the enterprise as a legal person.
(2) For an unincorporated enterprise, the original business license of the enterprise shall be issued.
(three) the organs and institutions that implement budget management issue the approval or registration certificate of the government personnel department or the organization establishment Committee and the certificate that the financial department agrees to open an account; Non-budget management institutions shall issue the approval or registration certificate of the government personnel department or the establishment Committee.
(4) Units above the regimental level of the army and the armed police, as well as divisions (detachments) delegated to duty, shall be issued with account opening certificates by the financial departments of units above the regimental level of the army and the armed police corps.
(five) social organizations, social organizations should be issued by the registration certificate, religious organizations should also be issued by the administrative department of religious affairs approval or proof.
(6) Private non-enterprise organizations shall issue private non-enterprise registration certificates.
(seven) the permanent establishment in the field shall issue the approval of the local government department.
(eight) foreign institutions in China, should be issued by the relevant competent departments of the state approval or proof; The representative offices and offices of foreign-capital enterprises in China shall hold the registration certificates issued by the state registration authorities.
(nine) individual industrial and commercial households, should issue the original business license of individual industrial and commercial households.
(ten) the residents' committee, villagers' committee and community committee shall issue the approval or certificate of their competent departments.
(eleven) independent accounting subsidiary, should be issued by the competent department of basic deposit account account registration certificate and approval.
(twelve) other organizations shall issue the approval or certificate of the competent government department.
If the depositors in this article are taxpayers engaged in production and business activities, they shall also issue tax registration certificates issued by the tax authorities. When applying for opening a general deposit account, a depositor shall issue to the bank an account opening certificate stipulated by basic deposit account, an account opening registration certificate in basic deposit account and the following documents:
(1) When depositors need to borrow money from banks, they shall issue loan contracts.
(2) Relevant certificates issued by depositors for other settlement needs. When applying for opening a special deposit account, a depositor shall issue a certificate of account opening in basic deposit account, a certificate of account opening in basic deposit account and the following documents to the bank:
(a) capital construction funds, renovation funds, policy real estate development funds, housing funds, social security funds, should be issued by the competent authorities for examination and approval.
(2) for extra-budgetary funds, a certificate from the financial department shall be issued.
(three) the purchase of grain, cotton and oil should be approved by the competent department.
(four) the unit bank card reserve fund shall be issued in accordance with the provisions of the articles of association of the bank card approved by the People's Bank of China.
(5) Securities trading settlement funds shall be certified by the securities company or the securities management department.
(six) the futures trading margin shall be issued by the futures company or the futures management department.
(7) A financial institution shall issue a certificate of depositing interbank funds.
(eight) income remittance funds and business expenditure funds, should be issued by the relevant certificates of basic deposit account depositors.
(nine) the organization funds of the party, league and trade union in the unit shall be based on the approval or certificate of the unit or the relevant department.
(ten) other funds that need special management and use according to regulations shall be subject to relevant laws and regulations or relevant documents of government departments. When applying for opening a temporary deposit account, depositors shall submit the following documents to the bank:
(a) temporary institutions, should be issued by the local authorities agreed to set up a temporary agency approval.
(two) the construction and installation units in different places shall issue the original business license or the original business license of their subordinate units, and the license or construction and installation contract issued by the construction and installation department.
(three) units engaged in temporary business activities in different places shall issue the original business license and the approval letter from the administrative department for industry and commerce of the temporary business place.
(four) when verifying the registered capital, the notice of pre-approval of the enterprise name of the administrative department for Industry and Commerce or the approval letter of the relevant department shall be issued.
The second and third items of this article shall also issue the account registration certificate of basic deposit account. When applying for opening a personal bank settlement account, depositors shall submit the following documents to the bank:
(a) China residents, should issue a resident identity card or temporary id card.
(two) China People's Liberation Army soldiers, should issue military identity documents.
(three) China people's armed police, armed police identity documents should be issued.
(four) Hong Kong and Macao residents, should be issued to Hong Kong and Macao residents to travel to and from the mainland; Taiwan Province residents shall issue mainland travel permit for taiwan residents or other valid travel documents.
(5) Foreign citizens should issue passports.
(six) other valid documents stipulated by laws, regulations and relevant state documents.
When a bank opens a bank settlement account for an individual, it may also require the applicant to issue a household registration book, driver's license, passport and other valid documents as needed. Where a depositor needs to open a unit bank settlement account in a different place, in addition to the relevant supporting documents stipulated in Articles 17, 18, 19 and 21 of these Measures, the following corresponding supporting documents shall also be issued:
(1) Where a depositor whose place of business and place of registration are not in the same administrative region opens a basic deposit account in another place, it shall issue a certificate that the branch of the People's Bank of China, where it is registered, has not opened a basic deposit account.
(2) Where a depositor borrows money from a different place and opens a general deposit account in a different place, a loan contract for a loan from a different place shall be issued.
(3) If a depositor handles income remittance and business expenses in a different place due to business needs and opens a special deposit account in a different place, it shall issue a certificate from a subordinate unit.
In the second and third cases of this article, the basic deposit account account registration certificate shall also be issued.
Where a depositor needs to open a personal bank settlement account in a different place, he shall issue the supporting documents stipulated in Article 22 of these Measures. When a depositor applies to open a unit bank settlement account, it can be handled directly by the legal representative or the person in charge of the unit, or it can be entrusted to others.
Directly handled by the legal representative or the person in charge of the unit, in addition to the corresponding supporting documents, the identity certificate of the legal representative or the person in charge of the unit shall also be issued; If it entrusts others to handle it, in addition to the corresponding supporting documents, it shall also issue the power of attorney of its legal representative or person in charge of the unit and its identity certificate, as well as the identity certificate of the authorized person. Banks should carefully examine the authenticity, completeness and compliance of the items and supporting documents filled in the depositor's application for opening an account.
If the application for account opening is complete and meets the requirements for opening basic deposit account, temporary deposit accounts and special deposit accounts for budget units, the bank shall submit the depositor's application for account opening, relevant supporting documents and bank audit opinions and other account opening materials to the local branch of the People's Bank of China, and go through the account opening procedures after approval; In line with the conditions for opening general deposit accounts, other special deposit accounts and personal bank settlement accounts, the bank shall handle the account opening procedures within 5 working days from the date of opening the account and file with the local branch of the People's Bank of China. Special deposit accounts are used to handle the receipt and payment of various special funds.
The funds in the company's bank card account must be deposited through basic deposit account transfer. The account shall not handle cash receipt and payment business.
No cash may be withdrawn from the special deposit account for extra-budgetary funds, securities trading settlement funds, futures trading deposits and trust funds.
Capital construction funds, renovation funds, policy real estate development funds, and financial institutions that need to withdraw cash from interbank fund accounts shall be approved by the local branch of the People's Bank of China when opening an account. The local branches of the People's Bank of China shall be examined and approved according to the national cash management regulations.
Withdrawal of cash from special deposit accounts such as grain, cotton and oil purchase funds, social security funds, housing funds and trade union funds shall be handled in accordance with relevant state regulations on cash management.
The income remittance account only accepts and does not pay, and may not withdraw cash, except that it is paid to its depositors in basic deposit account or special financial accounts with extra-budgetary funds. Except for the funds transferred from basic deposit account, the business expenditure account only accepts and does not pay, and its cash withdrawal must be handled in accordance with the relevant state regulations on cash management.
Banks shall strengthen supervision in accordance with the provisions of this article and the provisions of the state on the management of the use of funds for purchasing grain, cotton and oil, and shall not handle the receipt, payment and cash withdrawal of funds that do not meet the requirements. But it is not responsible for supervising the use of other special funds. Temporary deposit accounts are used to handle the receipt and payment of funds generated by temporary institutions and depositors' temporary business activities.
Temporary deposit accounts shall be valid according to the time limit specified in relevant account opening documents or the needs of depositors. If depositors need to extend the service life of their accounts, they should apply to the opening bank within the validity period, and the opening bank should report to the local branch of the People's Bank of China for approval before going through the extension formalities. The term of validity of a temporary deposit account shall not exceed 2 years.
Withdrawing cash from a temporary deposit account shall be handled in accordance with the relevant provisions of the state on cash management. Personal bank settlement account is used for personal transfer, receipt and payment and cash deposit and withdrawal. The following funds can be transferred to the personal bank settlement account:
(1) Income from wages and bonuses.
(2) Income from labor services such as manuscript fees and performance fees.
(three) the principal and income of bonds, futures, trusts and other investments.
(4) Income from the transfer of personal creditor's rights or property rights.
(5) Personal loan transfer.
(6) Securities trading settlement funds and futures trading deposits.
(7) Inheritance and money donation.
(eight) insurance claims, premium refund and other funds.
(9) Tax refund.
(ten) sales revenue of agricultural and sideline products and mineral products.
(eleven) other legitimate funds. Units from their bank settlement accounts to personal bank settlement accounts, each more than 50 thousand yuan, should provide the following payment basis to the bank [3]:
(a) the wage payment agreement and the list of payees.
(2) Award-winning certificate.
(three) proof of the labor contract between the press, publication, performance organizer and other units and the payee or the individual.
(4) A certificate that a securities company, a futures company, a trust and investment company or a lottery issuing or underwriting department has paid or refunded a natural person.
(5) Agreement on transfer of creditor's rights or property rights.
(6) loan contract.
(7) Certificate of insurance company.
(eight) the certificate of the tax collection and management department.
(nine) agricultural and sideline products and mineral products purchase and sale contracts.
(10) Proof of other lawful funds.
If the amount paid from the unit bank settlement account to the individual bank settlement account is taxable, the withholding agent shall provide the tax payment certificate to the bank where the account is opened. In any of the following circumstances, the individual shall issue the relevant payment basis as stipulated in Article 40 of these Measures.
(1) The individual entrusts the opening bank with the cheque issued by the drawer and transfers the money into his personal bank settlement account.
(2) The individual presents the bank draft and cashier's check to the bank with the applicant as the unit, and transfers the money into his personal bank settlement account. Depositors shall use bank settlement accounts for settlement business in accordance with the provisions of these Measures.
Depositors may not lease or lend bank settlement accounts, and may not use bank settlement accounts to obtain bank credit.