【文章內(nèi)容簡(jiǎn)介】
rity under the State Council shall establish a rating system and an earlywarning mechanism for supervision over the financial institutions of the banking industry, in order to determine, on the basis of the rating and risk profile of such institutions, the frequency and scope of onsite inspection of the institutions, as well as other supervisory measures that need to be taken. Article 28 The banking regulatory authority under the State Council shall establish a system of post responsibility for identifying and reporting emergencies in the banking industry. When it identifies any emergency that may lead to systemic risks in the banking industry and thus seriously jeopardize social stability, the banking regulatory authority shall immediately report the matter to the leading member of the banking regulatory authority under the State Council。 the leading member shall, when deeming it necessary, immediately report to the State Council while informing the People39。s Bank of China, the finance department and other relevant departments under the State Council of the matter. Article 29 The banking regulatory authority under the State Council shall, in conjunction with the People39。s Bank of China, the finance department and other relevant departments under the State Council, establish a system for coping with emergencies in the banking industry, including formulating contingency plans, designating institutions and staff members, specifying their responsibilities and the measures and procedures, in order to ensure that emergencies in the banking industry are handled in a timely and effective manner. Article 30 The banking regulatory authority under the State Council shall be responsible for piling, in a unified manner, statistics and reports of the financial institutions of the banking industry throughout the country and, in accordance with the relevant regulations of the State, publish the statistics and reports. Article 31 The banking regulatory authority under the State Council shall guide and oversee the activities of the selfregulated organizations of the banking industry. The selfregulated organizations of the banking industry shall submit their articles of association to the banking regulatory authority under the State Council for the record. Article 32 The banking regulatory authority under the State Council may engage in international exchange and cooperation related to regulation of and supervision over the banking industry. Chapter IV Supervisory Measures Article 33 The banking regulatory authority shall, in light of the need for performing its duties, have the power to require the financial institutions of the banking industry to submit, in accordance with relevant regulations, their balance sheets, profit statements, other financial accounting statements, statistical reports and information concerning business operations and management, as well as the audit reports prepared by certified public accountants. Article 34 The banking regulatory authority may take the following measures to conduct onsite inspection, as required by prudent supervision: (1)to enter a financial institution of the banking industry for onsite inspection。 (2) to interview staff members of a financial institution and require them to provide explanations on the matters under inspection。 (3) to check and make copies of the financial institution39。s documents and materials related to the matters under inspection, and to seal up the documents and materials that are likely to be removed, concealed or destroyed。 and (4) to examine the puter system with which the financial institution controls its business data. Onsite inspection shall be subject to approval by the leading member of the banking regulatory authority. For onsite inspection, there shall be no less than two inspectors, who shall produce their legal certificates and the written notification of inspection. Where there are less than two inspectors, or no legal certificates and written notification of inspection are produced, the financial institution shall have the right to refuse to accept inspection. Article 35 The banking regulatory authority may, in light of the need for performing its duties, hold supervisory consultations with the directors and senior managers of a financial institution of the banking industry, asking them to explain the important matters concerning business operations and risk management. Article 36 The banking regulatory authority shall instruct financial institutions of the banking industry to disclose, truthfully and in accordance with relevant regulations, to the public information, including, among other things, their financial and accounting reports, statements of risk management, changes in the directors and senior managers and other important matters. Article 37 Where a financial institution of the banking industry violates the rules of prudent operation, the banking regulatory authority under the State Council or its office at the provincial level shall instruct it to rectify within a time limit。 if it fails to ply at the expiration of the time limit, or the violation seriously threatens the sound and steady operation of the institution, jeopardizes the lawful rights and interests of the depositors and other customers, the banking regulatory authority under the State Council or its office at the provincial level may, with the approval of the lea