Chapter I General rules
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Article 1 In order to regulate the business activities and financial services of banking and insurance institutions in response to emergencies, protect the legitimate rights of customers, strengthen the pertinence of supervision, and maintain the safe and sound operation of the banking and insurance industries, These Measures are formulated in accordance with the Banking Supervision and Administration Law of the People's Republic of China, the Commercial Banking Law of the People's Republic of China, the Insurance Law of the People's Republic of China, the Emergency Response Law of the People's Republic of China and other relevant laws and regulations.
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Article 2 [Definition of Emergencies] The term \"emergencies\" as mentioned in these Measures refers to natural disasters, accidents, public health events and social security events that occur suddenly and cause or may cause serious social harm in accordance with the provisions of the Emergency Response Law of the People's Republic of China and require emergency response measures.
The term \"major emergencies\" as mentioned in these Measures refers to emergencies of special significance or major level as stipulated in the Emergency Response Law of the People's Republic of China.
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Article 3 [Basic Duties of regulatory authorities] Banking and insurance regulatory agencies shall effectively perform their duties in responding to emergencies, strengthen communication, contact, coordination and cooperation with the people's governments at or above the county level and their departments, do a good job in guiding and supervising banking and insurance institutions, and promote banking and insurance institutions to improve financial services in emergencies.
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Article 4 [Basic Responsibilities of banking and insurance institutions] Banking and insurance institutions shall do a good job in the construction of the organization, system, management and plan system for responding to emergencies, timely launch of response plans, improve risk management, ensure the safety and continuity of basic financial service functions, and strengthen financial services for key areas, key links and special groups.
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Article 5 Financial services in response to emergencies shall adhere to the following principles:
(1) Principle of normal management. Banking and insurance institutions shall establish an emergency response mechanism and incorporate emergency response management into a comprehensive risk management system.
(2) The principle of timely disposal. Banking and insurance institutions shall promptly initiate their own response plans, formulate scientific emergency measures, dispatch required resources, and promptly and decisively adjust financial service measures.
(3) The principle of minimum impact. Banking and insurance institutions shall take necessary measures to minimize the impact of emergencies on the continuous operation of business and financial service functions to ensure the continuous provision of basic financial services.
(4) Principle of social responsibility. Banking and insurance institutions shall fully assess the impact of emergencies on customers, employees and economic and social development, provide convenient financial services under the premise of controllable risks, properly protect the legitimate rights and interests of employees, and actively support enterprises and industries significantly affected by emergencies to maintain normal production and operation.
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Article 6 [Cross-border Regulatory Cooperation] The banking and insurance regulatory authority of The State Council shall actively use bilateral and multilateral regulatory cooperation mechanisms and channels to strengthen information sharing with overseas regulatory authorities, coordinate regulatory actions, and improve the effectiveness of response work.
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Chapter II Organization and management
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Article 7 [General Requirements] Banking and insurance institutions shall establish an emergency response management system. The board of directors (Board) is the decision-making body of the banking and insurance institution's emergency management, and bears the ultimate responsibility for the emergency management. Senior management is responsible for implementing the emergency management policy approved by the Board of Directors.
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Article 8 The banking and insurance institution shall set up an emergency response management committee and corresponding command organization composed of senior management and heads of relevant departments for emergency response management, responsible for the management, command and coordination of emergency response work, and clarify the corresponding division of responsibilities of member departments.
Banking and insurance institutions can designate business continuity management committees and other special committees to be responsible for emergency management.
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Article 9: Banking and insurance institutions shall formulate management systems to deal with emergencies, and effectively link up with business continuity management, information technology risk management, reputation risk management, asset safety management and other systems. Banking and insurance institutions should fully consider the factors of coping with emergencies when formulating recovery and disposal plans.
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Article 10 Banks and insurance institutions shall, according to the specific circumstances of their own institutions, refine the types of emergencies and formulate and update response plans. Banking and insurance institutions shall fully evaluate business premises, employees, infrastructure, information and data and other elements, and formulate specific emergency response measures and recovery plans.
Banking and insurance institutions should conduct drills of emergency response plans at least once every three years to verify the integrity, operability and effectiveness of the response plans, verify the availability of relevant resources in the response plans, and improve the comprehensive handling capacity of emergencies. Banking and insurance institutions should conduct emergency response plan drills for critical resources such as disaster backup or important business functions at least once a year.
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Article 11 [Responsibilities of cooperation and assistance] Banking and insurance institutions shall cooperate with the direction of the people's government at or above the county level in accordance with the law and orderly carry out emergency response work.
Banking and insurance institutions shall provide necessary mutual assistance in the process of responding to emergencies.
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Article 12 [Emergency Information Report] The banking and insurance institution shall, in accordance with the regulatory requirements on the banking and insurance industry emergency information report, report the emergency information, the countermeasures taken, the existing problems and the required support to the banking and insurance regulatory institution.
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Article 13 [Responsibilities of self-regulatory organizations] Industry self-regulatory organizations shall provide necessary coordination and support for banking and insurance institutions to respond to emergencies and implement inter-industry assistance.
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Chapter III Business and risk management
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Article 14 [General Requirements] Banking and insurance institutions shall strengthen the early warning of emergencies, strengthen the identification, measurement, monitoring and control of various risks in accordance with the decisions and orders issued by the people's governments at or above the county level in response to emergencies and the regulatory rules of the banking and insurance regulatory agencies, timely launch relevant response plans, and take necessary measures to ensure the safety of personnel and property. Ensure the normal operation of basic financial services.
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Article 15 [Emergency Financial Services] Banking and insurance institutions shall, in accordance with the requirements of the banking and insurance regulatory institution and the specific measures taken by the people's governments at or above the county level to respond to emergencies, provide urgently needed financial services to the relevant units and individuals dealing with emergencies in a timely manner.
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Article 16 [Change of business] If a banking and insurance institution that is significantly affected by an emergency needs to temporarily change its business hours, place of business, mode of business and scope of business, etc., it shall report to the local banking and insurance regulatory institution and the local people's government on the day of making the decision, and then announce it to the public.
The banking and insurance regulatory body may, according to the level and scope of the emergency, decide to temporarily change the business hours, business places, business methods and business scope of the affected banking and insurance institutions.
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Article 17 In areas where financial services are affected by major emergencies, banking and insurance institutions shall, on the premise of ensuring the personal and property safety of employees and after reporting to the banking and insurance regulatory authority, provide on-site services by setting up mobile outlets, temporary service points, etc. Reasonable deployment of automatic teller machines (ATMs), terminals of sale (POS), intelligent teller machines (including portable, remote cooperation) and other equipment to meet customer needs for financial services.
Banking and insurance institutions unable to provide counter, on-site or equipment services due to major emergencies, shall use the Internet, mobile terminals, fixed telephone and other information technology to provide services for customers.
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Article 18 [Financial Convenience services] Banking and insurance institutions shall provide convenience for customers affected by major emergencies to handle account inquiries, reporting losses, reprocessing, transfer, withdrawal, inheritance, claim settlement, security and other services. For the customer whose identity certificate or business certificate is lost, the banking and insurance institution can identify the customer's identity or conduct business verification by other means, shall meet its certain amount or basic business needs, and shall not refuse to handle business on the grounds that the customer has no identity certificate or business certificate.
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Article 19 [Support Measures for Borrowers] For all kinds of loans that have been issued before the occurrence of major emergencies, are affected by emergencies, and cannot be repaid on time for reasons other than the borrower's own, banking financial institutions shall adjust the loan recovery method considering the actual situation of the affected borrower, and may not charge the relevant penalty interest and fees for deferred repayment. The banking financial institution shall not obstruct the affected borrower's continued access to other emergency credit support solely on the grounds that the loan is not repaid in time.
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Article 20 [Development and Supply of Insurance products] An insurance company shall, in accordance with the social risk protection needs arising from emergencies, develop insurance products in a timely manner and increase the supply of catastrophe insurance, enterprise property insurance, production safety liability insurance, export credit insurance, agricultural insurance and other business.
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Article 21 [Bank Support Measures] In order to effectively serve customers affected by major emergencies and support affected individuals, institutions and industries, banking financial institutions may take the following measures:
(a) reduce the affected customer account inquiry, loss reporting and replacement, transfer, inheritance and other related fees;
(2) Negotiate with customers who are significantly affected to adjust the term, interest rate and repayment method of the debt;
(3) To provide renewal services for customers who are significantly affected;
(d) under the premise of controllable risks, speed up the approval process of credit and other business;
(5) Other measures that meet the requirements of the banking and insurance regulatory authority.
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Article 22 [Insurance Support Measures] In order to effectively serve the customers affected by major emergencies and support the affected individuals, institutions and industries, the insurance company may take the following measures:
(1) Appropriately extend the reporting time limit for customers who are significantly affected, and waive the relevant costs such as policy replacement;
(b) appropriately extend the insurance period of customers who are significantly affected, and give certain concessions or grace periods for premium payment;
(C) For insurance customers whose documents are damaged and lost due to emergencies, simplify their claim application information;
(4) For farmers and agricultural production and operation organizations that are seriously affected, on the premise of ensuring the authenticity of the insurance intention, they can suspend the submission of relevant information required for underwriting agricultural insurance, determine the agricultural insurance losses, and provide claim settlement services by prepayment of part of the compensation;
(5) In view of the impact of emergencies, appropriately expand the scope of insurance liability within the scope of risk tolerance;
(6) Other measures that meet the requirements of the banking and insurance regulatory authority.
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Article 23 [Key Areas of support] Banking and insurance institutions shall timely estimate the capital needs of enterprises significantly affected by emergencies to resume production and operation, strengthen financial services for key areas and industrial customer groups affected by emergencies, and give full play to the role of financial support in infrastructure, agriculture, characteristic and advantageous industries, small and micro enterprises, etc.
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Article 24 [Loan Risk Management] Banking financial institutions shall strengthen pre-loan review and post-loan management, prevent customers from improperly obtaining and using financing facilities or preferential measures related to emergencies through industry self-discipline and joint credit granting mechanisms, effectively prevent multiple credit granting and excessive credit granting, and prevent customers from misappropriating the relevant financing obtained.
Banking financial institutions shall, in strict accordance with procedures and conditions, reduce or cancel loans that meet the provisions on loan forgiveness and write-off, do a good job in loan settlement management and asset preservation, and effectively safeguard legitimate financial claims.
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Article 25 [Transaction Backtracking and post-business evaluation] Banking and insurance institutions shall keep transaction or business records related to responding to emergencies in a timely manner, conduct transaction or business record backtracking in a timely manner, and focus on the verification and analysis of large amounts, frequent transactions, and non-working hours transactions.
Banking and insurance institutions shall promptly evaluate the actual effect and risk status of financial service measures in response to emergencies.
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Article 26 [Consumer Protection and public opinion management] Banking and insurance institutions shall strengthen the protection of consumers' rights and interests during emergencies. Banking and insurance institutions shall not use emergencies to induce sales, false publicity and other marketing activities, or infringe upon the legitimate rights of customers such as the right to know, the right to fair trade, the right to choose independently, and the right to privacy.
Banking and insurance institutions should strengthen reputation risk management, do a good job in public opinion monitoring, management and response, timely and standardized information release, interpretation and clarification, to prevent negative public opinion caused reputation risk, liquidity risk and other secondary risks, to ensure normal operation order.
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Chapter IV Supervision and administration
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Article 27 [General requirements] The banking and insurance regulatory body shall maintain the continuity, effectiveness and flexibility of the supervision work, and appropriately adjust the specific methods of supervision work according to the level of emergencies and the affected situation of the banking and insurance institutions.
Banking and insurance regulatory bodies shall guide, supervise and inspect the mechanism, activities and effects of banking and insurance institutions in response to emergencies in accordance with the law, properly respond to social concerns and sensitive issues, timely issue supporting policies and measures, and coordinate to solve problems in the process of responding to emergencies.
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Article 28 The banking and insurance regulatory body shall, in accordance with the requirements of the people's governments at or above the county level to respond to emergencies, prudently assess the impact of emergencies on the banking and insurance institutions, and perform the following duties according to law:
(1) Strengthen monitoring, analysis and early warning of regional and systemic risks caused by emergencies;
(2) Urging banking and insurance institutions to ensure the continuous and safe operation of basic financial service functions in accordance with emergency response plans;
(3) Guiding banking and insurance institutions to provide financial services for emergency response;
(4) Guide banking and insurance institutions to actively undertake social responsibilities;
(5) Coordinate with relevant government departments to assist in ensuring the normal operation of banking and insurance institutions.
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Article 29 [Adjustment of access procedures] Where an applicant such as a banking and insurance institution that is significantly affected by an emergency cannot complete the handling of the matter within the prescribed time limit in the administrative licensing process, it may apply to the banking and insurance regulatory institution for an extension of the handling period. After evaluation, the banking and insurance regulatory body may decide to extend the relevant processing period according to the specific circumstances.
The banking and insurance regulatory authority may, according to the level and impact of emergencies, adjust the procedures, conditions, materials and other relevant rules of administrative licensing according to law, so as to facilitate banking and insurance institutions to provide financial services in response to emergencies.
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Article 30 A banking and insurance institution that is significantly affected by an emergency may, according to the actual situation, apply to the banking and insurance regulatory institution for changing the time and method of submitting regulatory information and statistical data. If the banking and insurance regulatory institution agrees to the change after evaluation, it shall continue to carry out off-site supervision through other means.
The banking and insurance regulatory authority may, according to the level and impact of emergencies, decide on the specific methods, time limits and frequency of off-site supervision according to law.
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Article 31 [Adjustment of on-site inspection and investigation] A bancassurance institution that is significantly affected by an emergency may, according to the actual situation, apply to the bancassurance regulatory institution for the temporary suspension of on-site inspection, on-site investigation and other major supervisory actions or change their time.
The banking and insurance regulatory authority may, according to the level and impact of the emergency, temporarily suspend the on-site inspection, on-site investigation and other major regulatory actions of the banking and insurance institution or change its time upon application or on its own initiative. The banking and insurance regulatory institution shall rearrange on-site inspection, on-site investigation and other supervisory work after the impact of the emergency is eliminated.
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Article 32 In response to major emergencies and the need to implement the State's financial support policies, the banking and insurance regulatory body under The State Council may, as authorized by laws and administrative regulations or approved by The State Council, decide to temporarily adjust prudential supervision indicators and regulatory requirements.
The banking and insurance regulatory authority of The State Council may, according to the impact of major emergencies on the banking and insurance institutions, exempt the banking and insurance institutions from taking regulatory measures or imposing administrative penalties if they temporarily break the prudential supervision targets, but shall require the banking and insurance institutions to formulate reasonable rectification plans.
Banking and insurance institutions shall not take advantage of the above circumstances to expand shareholders' dividends or other profit distribution, and shall not increase the remuneration of directors, supervisors and senior management personnel.
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Article 33 [Regulatory Considerations] The banking and insurance regulatory authority shall assess the risk factors arising from unexpected events of the banking and insurance institutions, and give them appropriate consideration in the work of market access and regulatory rating.
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Article 34 [Handling Financial risks] For major risks caused by unexpected events of banking and insurance institutions, banking and insurance regulatory institutions shall take timely risk disposal measures to maintain financial stability.
In light of the need to deal with major financial risks and maintain financial stability, the banking and insurance regulatory authority under The State Council may, according to law, exempt banking and insurance institutions from some regulatory provisions.
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35th [Regulatory measures and administrative penalties] Banking and insurance institutions exist in the following circumstances, the banking and insurance regulatory body may take regulatory measures or impose administrative penalties in accordance with the People's Republic of China Banking Regulatory Law, the People's Republic of China Insurance Law and other laws and regulations; Where laws and administrative regulations do not provide, the CBRC and its agencies shall order correction, give a warning, impose a fine of more than 1 times and less than 3 times the illegal income on the illegal income, but the maximum shall not exceed 30,000 yuan, impose a fine of less than 10,000 yuan on the no illegal income:
(1) Failure to establish emergency response management system, organizational structure, system or plan in accordance with the requirements of these Measures;
(2) failure to regularly carry out emergency response plan drills as required;
(3) failure to take effective countermeasures, resulting in long-term interruption of basic financial services;
(4) Failure to resume financial services in a timely manner after the impact of the emergency is eliminated;
(5) Taking advantage of emergencies to induce sales, false publicity and other acts, infringing on the legitimate rights of customers;
(6) Using regulation to support policy arbitrage violations;
(7) Other situations in violation of these Measures.
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Chapter V Supplementary provisions
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Article 36 The term \"bancassurance institutions\" as mentioned in these Measures refers to banking financial institutions and insurance companies.
The banking financial institutions mentioned in these Measures refer to commercial banks, rural credit cooperatives and other financial institutions established within the territory of the People's Republic of China to absorb public deposits, development financial institutions and policy banks.
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Article 37 [Reference scope of application] Banking insurance supervision and administration of financial asset management companies, trust companies, finance companies, financial leasing companies, auto finance companies, consumer finance companies, money brokerage companies, financial asset investment companies, bank financing subsidiaries, insurance group (holding) companies, insurance asset management companies and insurance intermediaries established within the territory of the People's Republic of China Other institutions supervised by the management institutions shall implement the provisions of these Measures with reference.
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Article 38 [Implementation Time and Reporting Requirements] These Measures shall come into force on the date of promulgation.
Banking and insurance institutions shall, within 6 months from the date of implementation of these Measures, establish and improve the emergency response management system and management system, and report to the banking and insurance regulatory authority.
The management methods of financial services include the following aspects:
1. Strategic planning: Formulate a clear strategic plan to clarify the business positioning, objectives and development direction of financial institutions to ensure long-term and stable development. 2. Risk management: Establish a sound risk management system, including risk assessment, monitoring and control, to deal with various market risks, credit risks and operational risks. 3. Customer relationship management: pay attention to customer needs, provide personalized financial services, establish good customer relationships, and improve customer satisfaction and loyalty. 4. Personnel training and development: Invest in human resources training and development to enhance the professional quality and skill level of employees to adapt to the changing financial market environment. 5. Technological innovation: Actively adopt new technologies and information systems to improve business efficiency and customer experience, while strengthening information security protection. 6. Compliance management: abide by various financial regulations and industry norms, establish a compliance management mechanism to ensure legal and standardized operation of financial institutions. 7. Performance evaluation: Establish a scientific performance evaluation system, monitor and evaluate various businesses, adjust business strategies in time, and improve performance. 8. Collaboration: Strengthen cooperation and communication with other financial institutions, technology companies, government regulators, etc., to achieve resource sharing and mutual benefit and win-win situation.
1. Develop sound policies and procedures to ensure compliance and stability of financial services.
2. Carry out risk assessment and service recommendation to customers with the help of advanced technology and data analysis tools. 3. Provide diversified financial products and services to meet the various needs of customers. 4. Conduct professional training for employees to improve their professionalism and service quality. 5. Regularly audit and evaluate the effect of financial services, and timely adjust and improve relevant policies.
Hope you found the above helpful.