您的位置: 首页 » 法律资料网 » 法律法规 »

中国人民银行、公安部、工商总局、银监会、证监会关于加强黄金交易所或从事黄金交易平台管理的通知

时间:2024-05-26 14:23:48 来源: 法律资料网 作者:法律资料网 阅读:8512
下载地址: 点击此处下载

中国人民银行、公安部、工商总局、银监会、证监会关于加强黄金交易所或从事黄金交易平台管理的通知

中国人民银行 公安部 国家工商行政管理总局等


中国人民银行、公安部、工商总局、银监会、证监会关于加强黄金交易所或从事黄金交易平台管理的通知

银发〔2011〕301号


中国人民银行上海总部,各分行、营业管理部,各省会(首府)城市中心支行,各副省级城市中心支行;各省、自治区、直辖市、计划单列市公安厅(局),工商局,银监局,证监局;国家开发银行,各政策性银行,国有商业银行,股份制商业银行,中国邮政储蓄银行;上海黄金交易所,上海期货交易所:

为促进黄金市场健康发展,防范金融风险,维护金融稳定,根据《中华人民共和国中国人民银行法》、《期货交易管理条例》、《国务院关于清理整顿各类交易场所切实防范金融风险的决定》(国发〔2011〕38号)和中央编办《关于进一步明确黄金市场及黄金衍生品交易监管职责的意见》(中央编办发〔2011〕29号),现就设立黄金交易所或在其他交易场所内设立黄金交易平台的有关事项通知如下:

一、上海黄金交易所和上海期货交易所是经国务院批准或同意的开展黄金交易的交易所,两家交易所已能满足国内投资者的黄金现货或期货投资需求。任何地方、机构或个人均不得设立黄金交易所(交易中心),也不得在其他交易场所(交易中心)内设立黄金交易平台。

二、除上海黄金交易所和上海期货交易所外,对于有关地方(机构、个人)正在筹建黄金交易所(交易中心)或准备在其他交易场所(交易中心)内设立黄金交易平台应一律终止相关设立活动;对已经开业或开展业务的,要立即停止开办新的业务,并在当地人民政府统一领导下,由人民银行牵头,妥善做好其黄金业务的善后清理工作。当地工商部门根据人民银行或地方人民政府的决定,对被责令关闭或撤销的黄金交易所(交易中心),责令限期办理变更登记、注销登记,或者依法吊销营业执照;银行业金融机构停止为其黄金业务提供开户、托管、资金划汇、代理买卖、投资咨询等中介服务;对于涉嫌犯罪需要作出行政认定的,人民银行及其当地分支机构依照相关规定出具行政认定意见后,移送当地公安机关依法查处。

三、上海黄金交易所和上海期货交易所要进一步加强系统管理,完善各项制度规则,保障市场规范运行;要围绕市场需求加大产品创新力度,为投资者提供便利化服务。

请人民银行副省级城市中心支行以上分支机构和银监会、证监会当地派出机构与当地公安、工商部门联合将本通知转发至辖区内银行业金融机构和公安、工商部门。





中国人民银行 公安部 工商总局 银监会 证监会


二○一一年十二月二十日

外国保险机构驻华代表机构管理办法(英文版)

中国保险监督管理委员会


外国保险机构驻华代表机构管理办法(英文版)


Rules on Administration of Representative Offices of Foreign Insurance Institutions

Chapter I General Provisions

Article 1
These rules are formulated in accordance with the Insurance Law of the People’s Republic of China, and for the purpose of strengthening the administration of representative offices of foreign insurance institutions (hereinafter referred to as “representative offices”), and meeting the needs of the opening up of China’s insurance market to the outside world.

Article 2
Foreign insurance institutions hereof referred to in these rules are those insurance companies, reinsurance companies, insurance intermediaries, insurance associations, and other insurance organizations incorporated outside the territory of the People’s Republic of China.
Representative offices hereof referred to in these rules are both representative offices and general representative offices established by foreign insurance institutions within Chinese territory for the purpose of conducting such non-operational activities as liaison service and market research etc.
Chief Representative hereof referred to in these rules is the principal responsible person of the representative office, and the general representative is the principal responsible person of the general representative office.

Article 3
Representative offices shall abide by Chinese laws and regulations and related regulations made by China Insurance Regulatory Commission (hereinafter referred to as “CIRC”) and their legitimate rights and interests are protected by Chinese laws.

Article 4
CIRC is authorized by law and the State Council to perform regulatory responsibilities over the representative offices.
Under the authorization scope of CIRC, the local branch offices of CIRC take general regulation of those representative offices that are located in their jurisdictions on behalf of CIRC.

Chapter Ⅱ Application and Establishment

Article 5
Foreign insurance institutions (hereinafter referred to as “the applicant”) applying to establish a representative office shall satisfy the following requirements:
(1) Good business performance;
(2) No record of any major violation of laws and regulations within three years prior to the application date;
(3) Other prudential requirements stipulated by CIRC.

Article 6
The formal application form for the establishment of representative office is provided by CIRC.

Article 7
The applicant shall submit the following documents:
(1) The formal application form;
(2) A letter of application addressed to the Chairman of CIRC and signed by its Chairman of the Board of Directors or General Manager of the concerned insurance institution;
(3) A photocopy of the business license or the certificate of authorization for insurance business, or the registry certificate issued by the relevant regulatory authorities of its home country or territory;
(4) Articles of association and the name list of the members of the Board of Directors, management personnel or principal partners;
(5) Annual reports of the last three years prior to the application;
(6) A letter of permit issued by the competent authority of its home country or territory allowing it to set up a representative office in China, or a letter of recommendation from the industrial association of which the applicant is a member, and both types of letters shall contain information about the penalty records of the applicant received within three years prior to the application;
(7) A power of attorney signed by the Chairman of the Board or General Manager for the chief representative designated;
(8) The resume of the designated chief representative and other relevant supporting documents;
(9) Other documents and materials required by CIRC.
The photocopy of the business license or the certificate of authorization for insurance business, or the registry certificate shall be subject to notarization certified by the applicant’s home country or territory or verification by the resident Embassy or Consulate of the People’s Republic of China in the applicant’s home country or territory.

Article 8
The applicant shall submit its application documents to CIRC. CIRC shall handle all the applications according to the following conditions:
(1) If the document has a mistake (mistakes) that can be corrected on the spot, the applicant shall be allowed to make the correction on the spot;
(2) If the document is incomplete or does not comply with regulatory formats, the applicant shall be informed on the spot or within five days of all the required corrections at one time. If the applicant is not informed of such information in this period, then it is assumed that the application is accepted for review on the day it is received by CIRC;
(3) If the document is complete and complies with regulatory formats, or after the applicant, upon request, has submitted additional documents and made necessary corrections, then the application shall be accepted for review.
Whether or not CIRC accepts the application for review, CIRC shall issue a written document with designated stamp and date indicated.

Article 9
Within 20 days from the date of receiving the application letter, CIRC shall make a decision on whether or not to approve. If the decision can not be made in the said 20 days, at the approval of the Chairman of CIRC, the said period can be extended 10 more days and the applicant shall be informed of reasons for the extension.
If CIRC decides to accept the application, it shall issue an approval document; in case of disapproval, CIRC shall state reasons in a written document.

Article 10
After a representative office receiving the official document of approval, it shall register with the State Administration of Industry and Commerce in line with relevant rules.
The representative office shall move into its official premises within three months from the date on which the approval document is issued; the approval document shall automatically become invalid if the said deadline is not observed.

Article 11
Any foreign insurance institution that has already established no less than two representative offices in China shall be allowed to apply to CIRC to appoint one of its representative offices as a general representative office.

Article 12
In applying to appoint the general representative office, foreign insurance institutions shall submit a letter of application addressed to the Chairman of CIRC and signed by its Chairman of the Board of Directors or General Manager of the concerned insurance institution.
The application for setting up a general representative office is subject to the same rules governing the application of a representative office.

Chapter Ⅲ Supervision and Administration

Article 13
The official title of the representative office shall be arranged in the following order: name of the foreign insurance institution + name of the city where the representative office is to be located + representative office; The official title of the representative office shall be arranged in the following order: name of the foreign insurance institution + general representative office in China.

Article 14
Except the principal responsible person, other major staff members shall be entitled “Representative” or “Deputy Representative”.

Article 15
Employees of representative office shall abide by Chinese laws and regulations, with high integrity and clean record.

Article 16
A general representative shall have a work experience above 8 years and hold a junior college degree or a higher academic degree; a chief representative shall have a work experience above 5 years, and hold a junior college degree or a higher academic degree.
Without a junior college degree, the general representative or chief representative shall have a work experience above 10 years in the insurance business.

Article 17
A maximum of three employees of foreign nationality are allowed in each representative office.

Article 18
A representative office and its employees shall not enter into any agreement or contract with any legal or natural persons, which might generate an income to the representative office or the foreign insurance institution it represents, and shall not be involved in business activities of any kind.

Article 19
A representative office shall have official premises, necessary office facilities and full-time staff.

Article 20
The General Representative or Chief Representative shall not work in two or more representative offices or any business institution in China.

Article 21
The General Representative or Chief Representative shall attend to the daily activities of the representative office on a permanent basis. If he or she consecutively stays away from the representative office for a period or more than one month, he or she shall delegate his or her responsibility as the General Representative or Chief Representative to a person specially appointed, and submit a written report to the local branch office of CIRC.

Article 22
A representative office shall submit two copies of its annual work report of the previous year before the end of each February to the CIRC’s local branch office, who shall then forward the report to CIRC’s head office.
The work report shall follow the format prescribed by CIRC.

Article 23
A representative office shall submit the annual report of the foreign insurance institution it represents to both CIRC and CIRC’s local branch office within six months after the end of each accounting year of the foreign insurance institution.

Article 24
If any following major event occurs in an insurance institution that has maintained a representative office in China, the representative office shall, within 10 days after the occurrence of the event, submit a written report to CIRC and copy the report to CIRC’s local branch office.
(1) A change in its articles of association, register capital, and registered business address;
(2) Division or merger or change of top management;
(3) Serious losses resulted in business operation;
(4) Penalties imposed for violations of laws and regulations;
(5) Major regulatory actions taken against it by the regulatory authorities of its home country or territory;
(6) Other matters which may seriously disrupt business operation of the foreign insurance institution.

Article 25
In case of changing a General Representative or Chief Representative, the representative office shall apply to CIRC, and submit the following documents:
(1) A letter of application addressed to the Chairman of CIRC, and signed by its Chairman of the Board of Directors or General Manager of the concerned insurance institution;
(2) Power of attorney of the proposed General Representative or chief representative signed by the Chairman of the Board of Directors or General Manager;
(3) Proof of personal identity certificates, certificate of academic degree and resume of the proposed General Representative or Chief Representative.

Article 26
If a foreign insurance institution intends to terminate its representative office’s operation, it shall submit a letter of application addressed to the Chairman of CIRC, and signed by its Chairman of the Board of Directors or General Manager of the concerned insurance institution.

Article 27
If a foreign insurance institution intends to change the name of its representative office, it shall submit a letter of application addressed to the Chairman of CIRC, and signed by its Chairman of the Board of Directors or General Manager of the concerned insurance institution, together with other relevant proving documents about the renaming.

Article 28
Under the situation stipulated in Article 25, Article 26, and Article 27, CIRC shall make a decision on whether to approve or disapprove of the application within 20 days from the date of receiving a complete set of application documents.
If a decision of approval is made, it shall issue an approval document; if a decision of disapproval is made, it shall notify the applicant in writing and give the reasons.

Article 29
A representative office can change its office location within the same administrative area it resides only.
The concerned representative office shall submit CIRC’s local branch office of its new office address, telephone and fax numbers within 5 days from the date of changing.

Article 30
In case of changing, increasing or reducing the number of Representatives, Deputy Representatives, or foreign employees, the concerned representative office shall report to CIRC’s local branch office within 5 days from the date of changing, and submit the proof of personal identity certificates, certificate of academic degree and resume of the nominated personnel.

Article 31
When a representative office is approved to be changed to a general representative office, the original representative office is cancelled automatically. The general representative office shall apply to the State Administration of the Industry and Commerce for cancellation of the registration of the representative office within one month from the date of CIRC’s approval within one month from the date of CIRC’s approval.

Article 32
If a general representative office is the only representative office in China after the insurance institution it represents withdraws all other representative offices, the general representative office shall be changed into a representative office.
The general representative office shall apply to CIRC by submitting an application letter regarding such change signed by the Chairman of the Board of Directors or General Manager of the concerned foreign insurance institution. Within 20 days from the date of receiving the application letter, CIRC shall make a decision on whether or not to approve. If CIRC decides to accept the application, it shall issue an approval document; in case of disapproval, CIRC shall state reasons in a written document.
When a general representative office is approved to be changed to a representative office, the original general representative office is cancelled automatically. The representative office shall apply to the State Administration of the Industry and Commerce for cancellation of its registration within one month from the date of CIRC’s approval.

Article 33
After a representative office of the foreign insurance institution is terminated by the CIRC, all the issues left unsettled shall be taken over and handled by its general representative office in China; if there is no such a general representative office, responsibilities on all issues left unsettled shall be taken over and handled by the foreign insurance institution’s other representative offices in China; if there is no any other representative office in China, responsibilities on all issues left unsettled shall be borne by the foreign insurance institution itself.

Article 34
CIRC and its local branch offices conduct general supervision and annual inspection over the representative offices of foreign institutions in regard to the following issues:
(1) The completeness of the procedures for the changes made by the representative office;
(2) The truthfulness of the documents and materials submitted to CIRC;
(3) The completeness of the procedures for the appointments or changes of staff members of representative offices;
(4) Whether or not representative offices are conducting business activities;
(5) Other items required by CIRC and its local branch offices.

Chapter Ⅳ Legal Liability

Article 35
Any representative office established without approval, in violation of certain provisions of these Rules, shall be banned by CIRC in accordance with law.

Article 36
If a representative office is engaged in financial business activities in violation of these Rules, it shall be punished by CIRC in line with relevant laws and regulations. If a representative office is engaged in profit-seeking operational activities other than insurance business, it shall be imposed a disciplinary warning or a fine below RMB 300,000 yuan.

Article 37
If a representative office fails to submit relevant reports or documents as stipulated in Article 22, 23, 24 of these Rules to CIRC, it shall be imposed a warning and ordered to make correction by CIRC’s local branch office.

Article 38
Employees of a representative office being with direct responsibility for activities violating these Rules shall be imposed by CIRC with a disciplinary warning and /or a fine below RMB 5000 yuan, according to the seriousness of the cases.

Article 39
CIRC may issue a disciplinary warning to a representative office involved in providing false information or concealing important facts.

Article 40
CIRC may order the representative offices, found in violation of other provisions stipulated in these Rules, to make corrections; those who do not make corrections within a prescribed time period shall be issued a disciplinary warning.

Chapter Ⅴ Supplementary Provisions

Article 41
These Rules shall, mutatis mutandis, apply to the representative offices established in the mainland by insurance institutions from the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and Taiwan region.

Article 42
These Rules shall, mutatis mutandis, apply to the resident offices of foreign insurance institutions approved to establish in China by CIRC.

Article 43
The terms “above”, “below” and “within” used to indicate a threshold number shall include the number itself.

Article 44
The approval and reporting periods prescribed in these Rules concerning licensing and reporting periods refer to working days, which exclude weekends and public holidays.

Article 45
CIRC shall be responsible for the interpretation of these Rules.

Article 46
These Rules shall be effective as of March 1, 2004, and the Rules on Administration of Representative Offices of Foreign Insurance Institutions, issued by CIRC on November 26, 1999 shall be repealed simultaneously.




大连市外来暂住人口租住房屋治安管理规定

辽宁省大连市人民政府


大连市外来暂住人口租住房屋治安管理规定            
大连市人民政府



第一条 为加强外来暂住人口租住房屋治安管理,维护社会治安秩序,根据国家有关规定,制定本规定。
第二条 凡在大连市行政区域内以营利为目的,将房屋出租给外来暂住人口的单位和个人(不含旅馆业,以下称出租人),以及租住房屋的外来暂住人口(以下称承租人),均应遵守本规定。
第三条 市及县(市)、区公安局(分局),依据本规定对外来暂住人口租住房屋实施治安管理。
第四条 乡、镇人民政府、街道办事处和居(村)民委员会,应协助公安机关作好外来暂住人口租住房屋的治安管理工作。
第五条 出租人出租房屋,必须按市政府的规定到房产部门办理房屋租赁手续并符合消防安全和治安管理规定。凡属危险和违章建设房屋,不准出租。
第六条 承租人承租房屋,必须持有居民身份证和常住户口所在地乡、镇人民政府或主管部门发给的外出务工、计划生育证明等材料。
第七条 出租人出租房屋,应按下列规定持有关证件到房屋所在地公安派出所提出申请,与公安机关签订治安责任保证书,经审核同意领取《租赁房屋治安许可》牌后,方可从事房屋出租活动:
(一)私有房屋所有权人,持本人居民身份证(户口簿)、房屋产权证明;
(二)公有房屋所有权人,持单位介绍信、房屋产权证明;
(三)转租承租房屋的各类房屋承租人(不含外来暂住人口),持居民身份证(户口簿)或单位介绍信和房屋所有权人同意转租的书面材料。
第八条 出租人停止出租房屋的,应到公安派出所办理注销手续,交回《租赁房屋治安许可》牌。
任何单位和个人不得伪造、涂改、转借、转让《租赁房屋治安许可》牌。
第九条 出租人与承租人达成租赁协议后三日内,应共同到住地公安机关办理暂住登记申报手续,填写《大连市暂住人口登记簿》,领取承租人暂住证。
第十条 出租人出租房屋后,应对出租的房屋进行安全检查,及时发现和排除不安全隐患,并配合公安机关做好治安管理工作。
第十一条 承租人租用房屋,必须严格遵守法律、法规、规章规定,合法居住、经营。不得擅自将承租的房屋再转租他人;不得利用承租的房屋生产、储存、经营易燃易爆和有毒等危险物品。
第十二条 出租人违反本规定的,由公安机关按下列规定处罚:
(一)未办理《租赁房屋治安许可》牌出租房屋的,处200元以上5000元以下罚款;
(二)向未办理暂住证的承租人出租房屋的,处100元以上1000元以下罚款,情节严重的收回《租赁房屋治安许可》牌。
第十三条 承租人违反本规定的,由公安机关按下列规定处罚:
(一)利用承租房屋生产、储存、经营易燃易爆和有毒等危险物品的,处违法所得3倍以内罚款(最高不超过3万元);无违法所得的,处3000元以上1万元以下罚款;
(二)将房屋转租、转借他人的,责令改正,可并处100元以上1000元以下罚款。
第十四条 违反本规定伪造、涂改、转借、出让《租赁房屋治安许可》牌的,由公安机关缴销许可牌,并处5000元罚款。
第十五条 单位违反本规定的,除按第十二条、第十三条、第十四条规定给予处罚外,对单位负责人或直接责任人可处500元以下罚款。
第十六条 公安机关实施行政处罚,应严格按照《中华人民共和国行政处罚法》的规定执行。实施罚款处罚,应使用财政部门统一印制的罚款票据,罚款全部上交财政。
第十七条 当事人对行政处罚不服的,可依照《中华人民共和国行政诉讼法》和国务院《行政复议条例》的规定申请行政复议或提起行政诉讼。逾期不申请复议、不起诉又不履行处罚决定的,作出处罚决定的公安机关可以申请人民法院强制执行。
第十八条 本规定由大连市公安局负责解释。
第十九条 本规定自发布之日起施行。



1997年12月29日