1 The Measures for Punishment of Financial Violations is an important basis and means to strengthen financial supervision and standardize financial activities at present and even in the future. Its promulgation and implementation is an important event in the construction of China's financial legal system and an important measure to prevent and resolve financial risks.
2. The disciplinary actions stipulated in these Measures, including warning, demerit recording, gross demerit recording, demotion, dismissal, probation and dismissal, shall be decided by the financial institution where they belong or the financial institution at a higher level.
The staff of financial institutions who are dismissed according to these measures shall not serve in financial institutions for life, and the People's Bank of China shall notify all financial institutions not to appoint them, and make an announcement in national newspapers. If the senior managers of financial institutions are dismissed according to these measures, the People's Bank of China has decided not to hold senior management positions or positions equivalent to the original positions in any financial institution for a certain period of time until life, and has notified all financial institutions not to appoint them, and made an announcement in national newspapers.
legal ground
Measures for punishment of financial violations
Article 1 These Measures are formulated for the purpose of punishing financial violations, maintaining financial order and preventing financial risks.
Article 2 If a financial institution violates the provisions of the state on financial management and is punished according to relevant laws and administrative regulations, it shall be punished according to its provisions; If the relevant laws and administrative regulations do not stipulate punishment or the punishment provisions of relevant administrative regulations are inconsistent with these measures, they shall be punished in accordance with these measures.
The term "financial institutions" as mentioned in these Measures refers to institutions established in People's Republic of China (PRC) according to law and engaged in financial business, including banks, credit cooperatives, finance companies, trust and investment companies and financial leasing companies.
Article 3 The administrative punishment prescribed in these Measures shall be decided by the People's Bank of China; However, the administrative penalties stipulated in Articles 24 and 25 of these Measures shall be decided by the State Administration of Foreign Exchange.
The disciplinary actions prescribed in these Measures, including warning, demerit recording, gross demerit recording, demotion, dismissal, probation and dismissal, shall be decided by the financial institution where they belong or the financial institution at a higher level.
The staff of financial institutions who are dismissed according to these measures shall not serve in financial institutions for life, and the People's Bank of China shall notify all financial institutions not to appoint them, and make an announcement in national newspapers. If the senior managers of financial institutions are dismissed according to these measures, the People's Bank of China has decided not to hold senior management positions or positions equivalent to the original positions in any financial institution for a certain period of time until life, and has notified all financial institutions not to appoint them, and made an announcement in national newspapers.
The term "senior managers" as mentioned in these Measures refers to the legal representatives and other principal responsible persons of financial institutions, including the chairman, vice chairman, president, vice president, directors and deputy directors of banks and their branches; Chairman, vice chairman, director and deputy director of the credit cooperative; Chairman, vice chairman, general manager and deputy general manager of financial institutions such as finance companies, trust and investment companies and financial leasing companies.
Article 4 If a staff member of a financial institution is found to have violated the relevant provisions of the State on financial management after leaving his post, he shall still be held accountable according to law.
Article 5 The establishment, merger or cancellation of branches and representative offices of financial institutions shall be approved by the People's Bank of China.
Without the approval of the People's Bank of China, if a financial institution establishes, merges or cancels a branch or representative office without authorization, it shall be given a warning and imposed a fine ranging from 50,000 yuan to 300,000 yuan; Senior managers who are directly responsible for financial institutions shall be given disciplinary sanctions ranging from dismissal to dismissal.
Article 6 A financial institution shall be approved by the People's Bank of China under any of the following circumstances:
(a) change the name;
(2) Change of registered capital;
(3) Changing the location of the institution;
(4) Replacement of senior management personnel;
(5) Other changes and replacements as stipulated by the People's Bank of China.
Without the approval of the People's Bank of China, a financial institution shall be given a warning and fined between 654.38 million yuan and 654.38 million yuan; Where a financial institution is under any of the circumstances listed in Item (4) of the preceding paragraph, the directly responsible senior managers shall be given disciplinary sanctions ranging from dismissal to dismissal.
Article 7 A financial institution's change of shareholders, transfer of equity or adjustment of equity structure shall be approved by the People's Bank of China; Involving state-owned changes in equity, it shall be approved by the financial department in accordance with the regulations.
If a financial institution changes its shareholders, transfers its equity or adjusts its equity structure without legal approval, it shall be given a warning, its illegal income shall be confiscated, and a fine of not less than 1 times but not more than 3 times its illegal income shall be imposed; If there is no illegal income, a fine of not less than 50 thousand yuan but not more than 300 thousand yuan shall be imposed; Senior managers who are directly responsible for financial institutions shall be given disciplinary sanctions ranging from dismissal to dismissal.
Article 8 Financial institutions shall not make false capital contributions or withdraw their capital contributions.
If a financial institution makes false capital contribution or withdraws capital contribution, it shall be ordered to suspend business for rectification and be fined more than 5% 10%; The senior managers who are directly responsible for financial institutions shall be given disciplinary sanctions of dismissal, and the other directly responsible persons in charge and the directly responsible personnel shall be given disciplinary sanctions of recording a demerit until dismissal; If the circumstances are serious, the business license of the financial institution shall be revoked; If it constitutes a crime of false capital contribution, capital contribution evasion or other crimes, criminal responsibility shall be investigated according to law.
Article 9 Financial institutions shall not engage in financial business beyond the business scope approved by the People's Bank of China.
If a financial institution engages in financial business beyond the business scope approved by the People's Bank of China, it shall be given a warning, its illegal income shall be confiscated, and it shall be fined between 1 times and 5 times. If there is no illegal income, a fine of 1 10,000 yuan but less than 500,000 yuan shall be imposed; Disciplinary sanctions ranging from dismissal to dismissal shall be given to the senior managers who are directly responsible for financial institutions, and disciplinary sanctions ranging from demerit to dismissal shall be given to other directly responsible persons in charge and personnel directly responsible; If the circumstances are serious, the financial institution shall be ordered to suspend business for rectification or revoke its financial business license; If it constitutes a crime of illegal business operation or other crimes, criminal responsibility shall be investigated according to law.
Article 10 A representative office of a financial institution shall not engage in financial business.
If a financial institution engages in financial business on behalf of an institution, it shall be given a warning, its illegal income shall be confiscated, and a fine of more than 3 times/kloc-0 times shall be imposed; If there is no illegal income, a fine of not less than 50 thousand yuan but not more than 300 thousand yuan shall be imposed; The senior managers who are directly responsible for financial institutions shall be given disciplinary sanctions ranging from dismissal to dismissal, and other directly responsible executives and personnel directly responsible shall be given disciplinary sanctions ranging from demotion to dismissal; If the circumstances are serious, the representative office shall be revoked.
Article 11 Financial institutions shall not engage in off-balance-sheet business in the following ways:
(a) handling deposits, loans and other businesses are not recorded and registered in accordance with the accounting system, or are not reflected in the accounting statements;
(2) Net settlement of different businesses such as deposits and loans in the same account;
(three) operating income is not included in the accounting books;
(4) Other off-balance-sheet business activities.
If a financial institution violates the provisions of the preceding paragraph, it shall be given a warning, its illegal income shall be confiscated, and a fine of 1 times and less than 5 times shall be imposed. If there is no illegal income, a fine of 1 10,000 yuan but less than 500,000 yuan shall be imposed. The senior managers, other directly responsible supervisors and directly responsible personnel of financial institutions shall be given disciplinary sanctions of dismissal; If the circumstances are serious, the financial institution shall be ordered to suspend business for rectification or revoke its financial business license; If it constitutes a crime of illegal borrowing or other crimes by using off-balance-sheet customer funds, criminal responsibility shall be investigated according to law.
Article 12 Financial institutions shall not provide false financial and accounting reports or statistical reports that conceal important facts.
Financial institutions that provide false financial and accounting reports or statistical reports that conceal important facts shall be given a warning and fined between 654.38 million yuan and 500,000 yuan; The senior managers who are directly responsible for financial institutions shall be given disciplinary sanctions ranging from dismissal to dismissal, and other directly responsible persons in charge and directly responsible personnel shall be given disciplinary sanctions ranging from gross demerit to dismissal; If the circumstances are serious, the financial institution shall be ordered to suspend business for rectification or revoke its financial business license; If it constitutes a crime of providing false accounting reports or other crimes, criminal responsibility shall be investigated according to law.
Article 13 Financial institutions shall not issue financial instruments such as letters of credit, letters of guarantee, bills, certificates of deposit and credit certificates that are inconsistent with the facts.
Financial institutions that practise fraud and issue financial tickets such as letters of credit, guarantees, bills, certificates of deposit and credit certificates that are inconsistent with the facts shall be given a warning, their illegal income shall be confiscated, and they shall be fined not less than 1 times but not more than 5 times. If there is no illegal income, a fine of 1 10,000 yuan but not more than 500,000 yuan shall be imposed. The senior managers, other directly responsible supervisors and directly responsible personnel of financial institutions shall be given disciplinary sanctions of dismissal; If it constitutes the crime of illegally issuing financial tickets or other crimes, criminal responsibility shall be investigated according to law.
Article 14 Financial institutions shall not accept, discount, pay or guarantee bills that violate the provisions of the bill law.
Financial institutions that accept, discount, pay or guarantee bills that violate the provisions of the bill law shall be given a warning, their illegal income shall be confiscated, and a fine of more than 3 times/kloc-0 times shall be imposed. If there is no illegal income, a fine of not less than 50 thousand yuan but not more than 300 thousand yuan shall be imposed. The senior managers, other directly responsible supervisors and directly responsible personnel of financial institutions shall be given disciplinary sanctions ranging from gross demerit to dismissal; If financial losses are caused, the senior managers who are directly responsible for financial institutions shall be given disciplinary sanctions of dismissal or even dismissal; If it constitutes the crime of accepting, paying or guaranteeing illegal bills or other crimes, criminal responsibility shall be investigated according to law.
Fifteenth financial institutions handling deposit business, shall not have the following acts:
(1) Raising interest rates without authorization or raising interest rates in disguised form to absorb deposits;
(two) knowing or should know that it is a unit fund, and it is allowed to open an account in the name of an individual;
(3) Opening new deposit business without authorization;
(four) the deposit does not meet the customer scope, term and minimum amount stipulated by the People's Bank of China;
(5) Opening multiple accounts for customers in violation of regulations;
(six) other deposit acts in violation of the provisions of the People's Bank of China.
If a financial institution commits one of the acts listed in the preceding paragraph, it shall be given a warning, its illegal income shall be confiscated, and a fine of more than 3 times/kloc-0 times shall be imposed; If there is no illegal income, a fine of not less than 50 thousand yuan but not more than 300 thousand yuan shall be imposed; The senior managers who are directly responsible for financial institutions shall be given disciplinary sanctions ranging from dismissal to dismissal, and other directly responsible executives and personnel directly responsible shall be given disciplinary sanctions ranging from demotion to dismissal; If the circumstances are serious, the financial institution shall be ordered to suspend business for rectification or revoke its financial business license.
Article 16 When handling loan business, financial institutions shall not commit the following acts:
(1) Issuing credit loans to related parties;
(2) The conditions for granting secured loans to related parties are better than similar loans of other borrowers;
(3) Raising or lowering interest rates in violation of regulations and issuing loans by other improper means;
(four) other loan acts in violation of the provisions of the people's Bank of China.
If a financial institution commits one of the acts listed in the preceding paragraph, it shall be given a warning, its illegal income shall be confiscated, and it shall be fined for more than/kloc-0 and less than 5 times its illegal income. If there is no illegal income, a fine of 1 10,000 yuan but less than 500,000 yuan shall be imposed. The senior managers, other directly responsible supervisors and directly responsible personnel of financial institutions shall be given disciplinary sanctions ranging from dismissal to dismissal; If the circumstances are serious, the financial institution shall be ordered to suspend business for rectification or revoke its financial business license; If it constitutes the crime of illegally issuing loans to related parties, the crime of illegally issuing loans or other crimes, criminal responsibility shall be investigated according to law.
Seventeenth financial institutions engaged in lending activities, shall not have the following acts:
(1) Borrowed funds exceed the maximum limit;
(2) Borrowed funds exceed the maximum term;
(3) Engaging in interbank lending business without the qualification for interbank lending business;
(4) engaging in interbank lending business outside the unified nationwide interbank lending network;
(five) other lending acts in violation of the provisions of the People's Bank of China.
If a financial institution commits one of the acts listed in the preceding paragraph, it shall suspend or stop its business, confiscate its illegal income and impose a fine of not less than 0 times but not more than 3 times its illegal income. If there is no illegal income, a fine of 50,000 yuan to 300,000 yuan shall be imposed. The senior managers, other directly responsible supervisors and directly responsible personnel of financial institutions shall be given disciplinary sanctions ranging from gross demerit to dismissal.
Article 18 Financial institutions shall not engage in the trading of securities, futures or other derivative financial instruments in violation of state regulations, nor provide credit funds or guarantees for the trading of securities, futures or other derivative financial instruments, nor engage in non-self-use real estate, equity, industry and other investment activities in violation of state regulations.
If a financial institution violates the provisions of the preceding paragraph, it shall be given a warning, its illegal income shall be confiscated, and a fine of 1 times and less than 5 times shall be imposed. If there is no illegal income, a fine of 1 10,000 yuan but less than 500,000 yuan shall be imposed. The senior managers who are directly responsible for financial institutions shall be given disciplinary sanctions of dismissal, and other directly responsible executives and directly responsible personnel shall be given disciplinary sanctions of dismissal until dismissal; If the circumstances are serious, the financial institution shall be ordered to suspend business for rectification or revoke its financial business license; If it constitutes the crime of illegal business operation, illegal loan issuance or other crimes, criminal responsibility shall be investigated according to law.
Nineteenth financial institutions shall abide by the provisions of the people's Bank of China on cash management, and shall not allow units or individuals to withdraw cash beyond the limit.
Financial institutions that violate the cash management regulations of the People's Bank of China and allow units or individuals to withdraw cash beyond the limit shall be given a warning and fined 50,000 yuan to 300,000 yuan; The senior managers, other directly responsible supervisors and directly responsible personnel of financial institutions shall be given disciplinary sanctions ranging from gross demerit to dismissal.
Article 20 Financial institutions shall abide by the regulations of the People's Bank of China on credit card management, and shall not overdraw cardholders or help cardholders withdraw cash with credit cards in violation of regulations.
If a financial institution violates the credit card management regulations of the People's Bank of China, it shall give a warning, impose a fine of 50,000 yuan to 300,000 yuan on the cardholder or help the cardholder to withdraw cash with a credit card; The senior managers, other directly responsible supervisors and directly responsible personnel of financial institutions shall be given disciplinary sanctions ranging from gross demerit to dismissal.
Article 21 Financial institutions shall abide by the provisions of the People's Bank of China on the management of asset-liability ratio.
Financial institutions that violate the provisions of the People's Bank of China on asset-liability ratio management shall be given a warning, their illegal income shall be confiscated, and a fine of 1 times and less than 3 times shall be imposed. There is no illegal income, a fine of 50 thousand yuan and 300 thousand yuan; Senior managers who are directly responsible for financial institutions shall be given disciplinary sanctions ranging from gross demerits to dismissal.
Twenty-second financial institutions shall not occupy financial deposits or funds.
Financial institutions that seize financial deposits or funds shall be given a warning, their illegal income shall be confiscated, and a fine of more than 3 times/kloc-0 times shall be imposed. There is no illegal income, a fine of 50 thousand yuan and 300 thousand yuan; The senior managers who are directly responsible for the financial institution shall be given disciplinary sanctions ranging from dismissal to dismissal, and other directly responsible executives and personnel directly responsible shall be given disciplinary sanctions ranging from demotion to dismissal.
Article 23 Financial institutions shall assist tax authorities and customs in freezing and deducting taxpayers' deposits according to law.
If a financial institution violates the provisions of the preceding paragraph and causes tax losses, it shall be given a warning and fined between 654.38 million yuan and 500,000 yuan; The senior managers, other directly responsible supervisors and directly responsible personnel of financial institutions shall be given disciplinary sanctions ranging from dismissal to dismissal; If it constitutes a violation of public security administration, it shall be punished according to law; If it constitutes a crime of obstruction of official duties or other crimes, criminal responsibility shall be investigated according to law.
Article 24 Financial institutions engaged in foreign exchange business shall abide by the provisions of the State on foreign exchange control.
Financial institutions engaged in foreign exchange business that violate the provisions of the state on foreign exchange control shall be given administrative punishment in accordance with the provisions of the regulations on foreign exchange control; The senior managers of financial institutions, other directly responsible persons in charge and directly responsible personnel shall be given disciplinary sanctions ranging from demerit to dismissal; If the circumstances are serious, the senior managers who are directly responsible for the financial institutions shall be given disciplinary sanctions of dismissal or even dismissal; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-fifth financial institutions engaged in foreign exchange business shall not have the following acts:
(1) Failing to timely report abnormal situations such as large-scale foreign exchange purchase, frequent foreign exchange purchase and large-scale foreign currency cash deposit and withdrawal;
(2) Failing to declare the balance of payments as required.
If a financial institution engaged in foreign exchange business commits one of the acts listed in the preceding paragraph, it shall be given a warning and imposed a fine ranging from 50,000 yuan to 300,000 yuan; The senior managers of financial institutions, other directly responsible persons in charge and directly responsible personnel shall be given disciplinary sanctions ranging from demerit to dismissal; If the circumstances are serious, the senior managers who are directly responsible for the financial institutions shall be given disciplinary sanctions of dismissal or even dismissal; If it constitutes a crime of being cheated for dereliction of duty in signing and performing contracts or other crimes, criminal responsibility shall be investigated according to law.
Article 26 Commercial banks are not allowed to settle the funds for securities and futures trading or to overdraw the subscription of new shares.
If a commercial bank settles its overdraft funds for securities and futures trading or purchases new shares, it shall be given a warning, its illegal income shall be confiscated, and it shall be fined for more than/kloc-0 and less than 5 times its illegal income; If there is no illegal income, a fine of 1 10,000 yuan but less than 500,000 yuan shall be imposed; The senior managers who are directly responsible for commercial banks are given disciplinary sanctions of dismissal, and other directly responsible executives and other personnel are given disciplinary sanctions of dismissal until dismissal.
Article 27 A finance company shall not commit any of the following acts:
(1) Issuing financial company bonds beyond the scale approved by the People's Bank of China;
(2) Absorbing deposits from non-group member units or issuing loans to non-group member units;
(3) Providing financial services to non-group members in violation of regulations;
(four) other acts in violation of the provisions of the people's Bank of China.
If a finance company commits one of the acts listed in the preceding paragraph, it shall be given a warning, its illegal income shall be confiscated, and a fine of more than/kloc-0 and less than 5 times its illegal income shall be imposed. If there is no illegal income, a fine of 1 10,000 yuan but less than 500,000 yuan shall be imposed. The senior managers, other directly responsible persons in charge and the directly responsible personnel of the finance company shall be punished by recording demerits and even being dismissed; If the circumstances are serious, the finance company shall be ordered to suspend business for rectification, and the directly responsible senior management personnel shall be given disciplinary sanctions of dismissal or even expulsion; If it constitutes the crime of illegally absorbing public deposits, issuing stocks or corporate bonds without authorization or other crimes, criminal responsibility shall be investigated according to law.
Article 28 A trust and investment company shall not absorb public deposits or issue loans in the name of handling entrustment or trust business, and shall not handle entrustment or trust business in violation of state regulations.
If a trust and investment company violates the provisions of the preceding paragraph, it shall be given a warning, its illegal income shall be confiscated, and a fine of 1 times but not more than 5 times shall be imposed. If there is no illegal income, a fine of 1 10,000 yuan but less than 500,000 yuan shall be imposed; The senior managers, other directly responsible supervisors and directly responsible personnel of the trust and investment company shall be given disciplinary sanctions ranging from gross demerit to dismissal; If the circumstances are serious, the business shall be suspended or stopped, and the directly responsible senior management personnel shall be given disciplinary sanctions of dismissal or even expulsion; If it constitutes the crime of illegally absorbing public deposits, fund-raising fraud or other crimes, criminal responsibility shall be investigated according to law.
Article 29 Fines and confiscated illegal income paid by financial institutions shall not be included in the costs and expenses of financial institutions.
Thirtieth People's Bank of China shall be applicable to the punishment of financial illegal acts of institutions engaged in financial business.
Thirty-first penalties for illegal securities acts shall be implemented in accordance with the laws and administrative regulations of the state on securities management, and these measures shall not be applicable.
Penalties for insurance violations shall be implemented in accordance with the laws and administrative regulations of the state on insurance management, and these Measures shall not be applicable.
Article 32 These Measures shall come into force as of the date of promulgation.