Chapter I General Provisions

Article 1 In order to promote the healthy development of the payment service market, standardize the payment service behavior of non-financial institutions, guard against payment risks and protect the legitimate rights and interests of the parties, these Measures are formulated in accordance with the Law of the People's Bank of People's Republic of China (PRC) and China and other laws and regulations.

Article 2 The term "payment services provided by non-financial institutions" as mentioned in these Measures means that non-financial institutions, as intermediaries between payees, provide some or all of the following monetary fund transfer services:

(1) online payment;

(2) Issuance and acceptance of prepaid cards;

(3) Bank card receipt;

(4) Other payment services determined by the People's Bank of China.

The term "online payment" as mentioned in these Measures refers to the transfer of money and funds between payees relying on public or private networks, including currency exchange, Internet payment, mobile phone payment, fixed telephone payment and digital TV payment.

The term "prepaid card" as mentioned in these Measures refers to the prepaid value of goods or services purchased outside the issuing institution for profit, including prepaid cards issued in the form of cards and passwords by using technologies such as magnetic strips and chips.

The term "bank card receipt" as mentioned in these Measures refers to the act of collecting monetary funds for special merchants of bank cards through POS terminals.

Article 3 Non-financial institutions providing payment services shall obtain payment business licenses in accordance with the provisions of these Measures and become payment institutions.

Payment institutions shall accept the supervision and administration of the People's Bank of China according to law.

Without the approval of the People's Bank of China, no non-financial institution or individual may engage in payment business or in disguised form.

Article 4 The transfer of monetary funds between payment institutions shall be entrusted to banking financial institutions, and shall not be handled by depositing monetary funds between payment institutions or entrusting other payment institutions.

Payment institutions shall not handle the transfer of monetary funds between banking financial institutions, except with special permission.

Article 5 Payment institutions shall follow the principles of safety, efficiency, honesty and fair competition, and shall not harm the interests of the state, the public and the legitimate rights and interests of customers.

Article 6 Payment institutions shall abide by the relevant provisions on anti-money laundering and fulfill their anti-money laundering obligations.

Chapter II Application and Permission

Article 7 The People's Bank of China is responsible for the issuance and management of payment business licenses.

The application for payment business license must be reviewed by the local branch of the People's Bank of China and reported to the People's Bank of China for approval.

The term "branches of the People's Bank of China" as mentioned in these Measures refers to the branches above the sub-provincial city center branch of the People's Bank of China.

Article 8 An application for payment of a business license shall meet the following conditions:

(a) a limited liability company or a joint stock limited company established in People's Republic of China (PRC) according to law, and it is a legal person's non-financial institution;

(2) Having the minimum registered capital meeting the requirements of these Measures;

(3) Having investors who meet the requirements of these Measures;

(4) Having five or more senior managers who are familiar with the payment business;

(5) Having anti-money laundering measures that meet the requirements;

(6) Having payment facilities that meet the requirements;

(7) Having a sound organizational structure, internal control system and risk management measures;

(8) Having business premises and safety measures that meet the requirements;

(9) The applicant and its senior management personnel have not been punished for using the payment business for illegal and criminal activities or handling the payment business for illegal and criminal activities in the last three years.

Article 9 Where an applicant engages in payment business nationwide, the minimum registered capital shall be RMB 654.38 billion. It is planned to engage in payment business within provinces (autonomous regions and municipalities directly under the Central Government), with a minimum registered capital of 30 million yuan. The minimum registered capital is paid-in monetary capital.

The term "engaging in payment business nationwide" as mentioned in these Measures includes that the applicant establishes branches across provinces (autonomous regions and municipalities directly under the Central Government) to engage in payment business, or customers can handle payment business across provinces (autonomous regions and municipalities directly under the Central Government).

The People's Bank of China adjusts the applicant's minimum registered capital according to relevant national laws, regulations and policies.

The business scope, qualifications of overseas investors and investment proportion of foreign-invested payment institutions shall be separately stipulated by the People's Bank of China and submitted to the State Council for approval.

Article 10 A major investor of an applicant shall meet the following conditions:

(1) It is a limited liability company or a joint stock limited company established according to law;

(2) As of the date of application, it has continuously provided information processing support services for financial institutions for more than 2 years, or continuously provided information processing support services for e-commerce (e-commerce channels) activities for more than 2 years;

(three) as of the date of application, it has been profitable for more than 2 years;

(4) It has not been punished for using payment business to carry out illegal and criminal activities or handling payment business for illegal and criminal activities in the last three years.

The main investors mentioned in these Measures include investors who have the actual control right of the applicant and investors who hold more than 0/0% of the equity of the applicant.

Article 11 The applicant shall submit the following documents and materials to the local branch of the People's Bank of China:

(1) A written application, stating the applicant's name, domicile, registered capital, organization and payment business to be applied for;

(2) A copy of the company's business license (copy);

(3) Articles of association;

(4) capital verification certificate;

(5) Financial and accounting reports audited by accounting firms;

(six) the feasibility study report of the payment business;

(7) Acceptance materials for anti-money laundering measures;

(eight) technical safety testing and certification;

(9) Resume materials of senior managers;

(10) The applicant and its senior management personnel have no criminal record;

(eleven) the relevant materials of major investors;

(12) Statement of the authenticity of the application materials.

Article 12 After receiving the notification of acceptance, the applicant shall announce the following matters in accordance with the provisions:

(1) The registered capital and shareholding structure of the applicant;

(2) List of major investors, shareholding ratio and financial status;

(3) the payment business to be applied for;

(4) the business place of the applicant;

(five) the technical safety inspection and certification certificate of the payment business facilities.

Thirteenth branches of the People's Bank of China shall accept all eligible applications in accordance with the law, and submit the preliminary examination opinions and application materials to the People's Bank of China. Approved by the People's Bank of China, the payment business license shall be issued according to law and announced.

The payment business license is valid for 5 years from the date of issuance. If a payment institution intends to continue to engage in payment business after the expiration of the Payment Business License, it shall apply to the local branch of the People's Bank of China for extension within 6 months before the expiration. Approved by the People's Bank of China for renewal, each renewal is valid for 5 years.

Article 14 If a payment institution changes one of the following items, it shall report to the People's Bank of China for approval before applying for registration of change to the company registration authority:

(1) Changing the company name, registered capital or organizational form;

(2) Change of major investors;

(3) merger or division.

(4) Adjusting the business type or changing the business coverage.

Fifteenth payment institutions to apply for termination of payment business, shall submit the following documents and materials to the local branch of the People's Bank of China:

(1) A written application signed by the legal representative of the company, stating the company name, the development of payment business, the proposed termination of payment business and the reasons for termination, etc. ;

(2) A copy of the company's business license (copy);

(3) A copy of the payment business license;

(4) A plan to protect the legitimate rights and interests of customers;

(5) Payment business information processing scheme.

If the termination is granted, the payment institution shall complete the termination in accordance with the approval of the People's Bank of China and return the payment business license.

Article 16 The Measures for the Implementation of Administrative Licensing of the People's Bank of China (Order [2004] No.3 of the People's Bank of China) shall apply to matters not specified in this chapter.

Chapter III Supervision and Administration

Seventeenth payment institutions shall engage in business activities in accordance with the business scope approved by the Payment Business License, and shall not engage in business outside the approved scope, and shall not outsource business.

Payment institutions shall not transfer, lease or lend payment business licenses.

Eighteenth payment institutions shall, in accordance with the requirements of prudent operation, formulate payment business methods and measures to protect the rights and interests of customers, establish and improve the risk management and internal control system, and report to the local branches of the People's Bank of China for the record.

Nineteenth payment institutions shall determine the charging items and charging standards for payment services, and report them to the local branches of the People's Bank of China for the record.

Payment institutions shall publicly disclose the charging items and charging standards of their payment services.

Twentieth payment institutions shall, in accordance with the provisions, submit payment business statistics and financial accounting statements to the local branches of the People's Bank of China.

Article 21 A payment institution shall formulate a payment service agreement, specifying the rights and obligations with customers, dispute settlement principles, liability for breach of contract and other matters.

The payment institution shall publicly disclose the format clauses of the payment service agreement and report to the local branch of the People's Bank of China for the record.

Twenty-second branches of payment institutions engaged in payment business, payment institutions and their branches shall file with the local branches of the People's Bank of China.

Where a branch of a payment institution terminates its payment business, it shall be handled with reference to the preceding paragraph.

Article 23 When a payment institution accepts the customer's reserve fund, it can only issue an invoice to the customer according to the payment service fee charged, and may not issue an invoice according to the amount of the customer's reserve fund accepted.

Twenty-fourth customer reserves accepted by payment institutions do not belong to the payment institutions' own property.

Payment institutions can only transfer reserve funds according to payment instructions initiated by customers. Payment institutions are prohibited from misappropriating customers' reserve funds in any form.

Twenty-fifth payment institutions shall record the following items in the payment instructions initiated by customers:

(1) The name of the payer;

(2) The determined amount;

(3) the name of the payee;

(4) The name of the payer's bank or the name of the payment institution;

(five) the name of the payee's bank or the name of the payment institution;

(six) the date of initiation of the payment instruction.

If the customer pays through a bank settlement account, the payment institution shall also record the corresponding bank settlement account number. If the customer pays through a non-bank settlement account, the payment institution shall also record the name and number on the customer's valid identity document.

Article 26 Where a payment institution accepts the customer's reserve fund, it shall open a special deposit account for reserve fund in a commercial bank to deposit the reserve fund. Unless otherwise stipulated by the People's Bank of China.

Payment institutions can only choose one commercial bank as the depository bank for reserve funds, and only one special deposit account for reserve funds can be opened in one branch of the commercial bank.

The payment institution shall sign a depository agreement with the legal person institution or authorized branch of the commercial bank to clarify the rights, obligations and responsibilities of both parties.

The payment institution shall submit the deposit agreement for reserve funds and the information of the special deposit account for reserve funds to the local branch of the People's Bank of China.

Article 27 A branch of a payment institution may not open a special deposit account for reserve funds in its own name, and can only deposit the accepted reserve funds into the special deposit account for reserve funds opened by the payment institution.

Article 28 Where a payment institution adjusts the positions of different special deposit accounts for reserve funds, the legal person institution of the deposit bank for reserve funds shall review the balance of the special deposit account for reserve funds to be adjusted by the payment institution, and inform the payment institution and relevant deposit banks of the review opinions.

The payment institution shall handle the position allocation of the special deposit account for reserve funds with the audit opinion issued by the legal person institution of the reserve fund depository bank.

Article 29 The depository bank of reserve funds shall supervise the use of the customer's reserve funds deposited in the institution, and submit the deposit or use of the customer's reserve funds and other information to the branch of the People's Bank of China where the depository bank of reserve funds is located and the legal person institution of the depository bank of reserve funds according to regulations.

In violation of the relevant provisions of Articles 25 to 28, the deposit bank shall refuse the application or instruction of the payment institution to use the customer's reserve fund; If it is found that the customer's reserve funds are used in violation of regulations or there are other abnormal conditions, it shall immediately report to the branch of the People's Bank of China where the reserve funds depository bank is located and the legal person institution of the reserve funds depository bank.

Article 30 The ratio between the paid-in monetary capital of the payment institution and the daily average balance of the customer's reserve fund shall not be less than 65,438+00%.

The average daily balance of customers' reserves as mentioned in these Measures refers to the average value calculated by the legal person institution of the deposit bank according to the total amount of customers' reserves at the end of each day of the payment institution in the last 90 days.

Thirty-first payment institutions should check the valid identity documents or other valid identity documents of customers in accordance with the regulations, and register the basic information of customer identity.

If the payment institution knows or should know that customers use their payment services to engage in illegal and criminal activities, it shall stop handling payment services for them.

Thirty-second payment institutions should have the necessary technical means to ensure the integrity, consistency and non-repudiation of payment instructions, the timeliness and accuracy of payment business processing and the security of payment business; Have the ability of disaster recovery and emergency treatment to ensure the continuity of payment business.

Thirty-third payment institutions shall keep the business secrets of customers in accordance with the law and shall not disclose them to the public. Except as otherwise provided by laws and regulations.

Thirty-fourth payment institutions shall properly keep the basic information of customer identity, payment business information, accounting files and other materials in accordance with the regulations.

Article 35 Payment institutions shall accept regular or irregular on-site inspections and off-site inspections by the People's Bank of China and its branches, truthfully provide relevant materials, and shall not refuse, obstruct or evade inspections, and shall not lie, conceal or destroy relevant evidential materials.

Article 36 The People's Bank of China and its branches shall, in accordance with laws, administrative regulations and the relevant provisions of the People's Bank of China, conduct regular or irregular on-site and off-site inspections on corporate governance, business activities, internal control, risk status and anti-money laundering of payment institutions.

The People's Bank of China and its branches shall conduct on-site inspections of payment institutions in accordance with the law, and the Provisions of the People's Bank of China on Law Enforcement Inspection Procedures (promulgated by OrderNo. [20 10] of the People's Bank of China) shall apply.

Article 37 The People's Bank of China and its branches may take the following measures to conduct on-site inspection of payment institutions:

(a) to require the staff of the payment institution to explain and explain the inspection items;

(two) to consult and copy the documents and materials related to the items under inspection, and to seal up the documents and materials that may be transferred, hidden or damaged;

(three) check the special deposit account and related accounts of the payment institution;

(four) check the payment business facilities and related facilities.

Thirty-eighth in any of the following circumstances, the People's Bank of China and its branches have the right to order payment institutions to stop handling part or all of the payment business:

(1) The accumulated losses exceed 50% of the paid-in monetary capital;

(2) There are significant business risks.

(three) there are major violations of laws and regulations.

Article 39 Where a payment institution is terminated due to dissolution, cancellation according to law or bankruptcy, its liquidation matters shall be handled in accordance with relevant state laws and regulations.

Chapter IV Punishment

Fortieth China People's Bank and its branch staff in any of the following circumstances, shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) in violation of the provisions of the examination and approval of the "payment business license" application, change, termination and other matters;

(2) Violating the inspection provisions of payment institutions;

(3) divulging state secrets or business secrets;

(four) other acts of abuse of power and dereliction of duty.

Article 41 If a commercial bank is under any of the following circumstances, the People's Bank of China and its branches shall order it to make corrections within a time limit, give a warning or impose a fine of 6.5438+0 million yuan but not more than 30,000 yuan; If the circumstances are serious, the People's Bank of China shall order it to suspend or terminate the deposit business of customer reserve funds:

(1) Failing to submit information such as the deposit or use of customers' reserve funds as required;

(2) Failing to examine the behavior of the payment institution in adjusting the position of the special deposit account for reserve funds in accordance with the provisions;

(3) Refusing the application or instruction of the payment institution to use the customer's reserve fund in violation of regulations.

Article 42 If a payment institution is under any of the following circumstances, the branch of the People's Bank of China shall order it to make corrections within a time limit, give a warning or impose a fine of 6,543,800 yuan to 30,000 yuan:

(1) Failing to establish relevant system measures or risk management measures as required.

(2) Failing to go through the relevant filing procedures as required;

(3) Failing to publicly disclose relevant matters as required;

(4) Failing to submit or save relevant materials as required;

(5) Failing to make relevant changes as required;

(6) Failing to issue invoices to customers as required;

(7) Failing to keep the business secrets of customers as required.

Forty-third payment institutions in any of the following circumstances, the branch of the People's Bank of China shall be ordered to make corrections within a time limit and impose a fine of 30 thousand yuan; If the circumstances are serious, China People's Bank will cancel its payment business license; Suspected of a crime, transferred to public security organs for investigation according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Transferring, leasing or lending the payment business license;

(2) Exceeding the approved business scope or outsourcing the business;

(3) Failing to deposit or use the customer's reserve funds in accordance with regulations.

(four) does not meet the provisions of the management of the ratio of paid-in monetary capital to customer reserves.

(5) Interrupting or terminating the payment business without justifiable reasons;

(6) Refusing or obstructing the relevant inspection and supervision;

(seven) other illegal acts that endanger the stable operation of payment institutions, damage the legitimate rights and interests of customers or endanger the payment service market.

Article 44 If a payment institution fails to fulfill its anti-money laundering obligations as required, the People's Bank of China and its branches shall punish it according to relevant national anti-money laundering laws and regulations; If the circumstances are serious, the People's Bank of China will cancel its payment business license.

Article 45 If a payment institution continues to engage in payment business beyond the validity period of the Payment Business License, the People's Bank of China and its branches shall order it to terminate the payment business; Suspected of a crime, transferred to public security organs for investigation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 46 If the application for payment business license by fraudulent means is not approved, the applicant and the investor holding more than 5% of its equity shall not apply for or participate in the application for payment business license again within three years.

If the application for payment business license is approved by deception, the People's Bank of China and its branches shall order it to terminate the payment business and cancel its payment business license; Suspected of a crime, transferred to public security organs for investigation according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law; Applicants and investors holding more than 5% of their shares may not apply for or participate in the application for payment business license again.

Article 47 If a non-financial institution or individual engages in payment business without the approval of the People's Bank of China, the People's Bank of China and its branches shall order it to terminate the payment business; Suspected of a crime, transferred to public security organs for investigation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter V Supplementary Provisions

Forty-eighth non-financial institutions that have been engaged in payment business before the implementation of these measures shall apply for a payment business license within 0 years from the date of implementation of these measures. If it is not obtained within the time limit, it shall not continue to engage in payment business.

Article 49 The People's Bank of China shall be responsible for the interpretation of these Measures.

Article 50 These Measures shall come into force as of September 1 day, 2065.