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Measures for equity custody of commercial banks
Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Banking Supervision Law of the People's Republic of China and the People's Republic of China (PRC) Commercial Bank Law for the purpose of regulating the equity custody of commercial banks, strengthening equity management and improving equity transparency. Article 2 These Measures shall apply to the equity custody of commercial banks established in People's Republic of China (PRC) according to law. Where laws and regulations provide otherwise for equity custody of commercial banks, such provisions shall prevail. Article 3 The term "equity custody" as mentioned in these Measures means that a commercial bank signs a service agreement with a custody institution, and entrusts the custody institution to manage the register of shareholders of the commercial bank, record equity information and handle relevant equity management affairs on its behalf. Article 4 Where the shares of a commercial bank are listed on the stock exchange or other securities trading places approved by the State Council, or listed on the national share transfer system for small and medium-sized enterprises, and their shares need to be centrally deposited in the legal securities registration and settlement institutions in accordance with the provisions of laws and administrative regulations, they shall be managed in accordance with the corresponding provisions. Other commercial banks shall choose a custodian institution that meets the conditions stipulated in these Measures to manage their equity, unless otherwise stipulated by the China Banking Regulatory Commission. Article 5 A custodian institution shall provide safe and efficient equity custody services for commercial banks in accordance with the service agreement signed with them, and submit the equity information of commercial banks to China Banking Regulatory Commission and its dispatched offices. Article 6 The China Banking Regulatory Commission and its dispatched offices shall supervise and manage the equity custody activities of commercial banks according to law. Chapter II Equity Custody of Commercial Banks Article 7 A commercial bank shall entrust a legally established securities registration and settlement institution, a regional equity market operation institution or other equity custody institution that meets the following conditions to manage its equity affairs:

(a) an enterprise legal person established in China according to law, with more than two years of registered custody business experience (except for regional equity market operators);

(2) Having places and facilities necessary for providing equity custody services, and having convenient service outlets or online service capabilities that meet safety requirements;

(3) Having managers who are familiar with the laws and regulations on equity management of commercial banks and relevant regulatory provisions;

(4) Having a sound business management system, risk prevention measures and confidentiality management system;

(5) It has a perfect information system, which can ensure the security of equity information in the process of transmission, processing and storage, and has the ability of disaster recovery;

(6) Having the conditions and ability to submit information and related materials to the China Banking Regulatory Commission and its dispatched offices;

(7) Being able to properly keep business data, and keeping the original vouchers and relevant documents and materials for at least 20 years;

(8) The business rules, main charging items and charging standards related to the equity custody business of commercial banks are open, transparent and fair;

(9) There are no serious violations of laws and regulations or major negative cases in the last two years;

(10) Other conditions that China Banking Regulatory Commission deems necessary. Article 8 The equity custodian institution selected by a commercial bank shall have a sound information system and meet the following requirements:

(1) It can fully support the custodian institution to provide various equity custody services in accordance with the provisions of these Measures, and its system service capacity should meet the actual needs of the Bank's equity custody business;

(2) The servers and storage devices used for equity custody business shall be maintained and managed independently;

(3) The system runs safely and stably, without major faults or major safety hazards;

(4) Business continuity shall meet the continuity requirements of bank equity management, and it shall have a disaster recovery system that can fully take over the business and operate independently.

(5) Being able to keep complete system operation records and business history information, and cooperating with the inspection of China Banking Regulatory Commission and its dispatched offices;

(6) Supporting the submission of bank equity custody information in accordance with the requirements of these Measures and the data standards formulated by China Banking Regulatory Commission. Article 9 The custodian institution selected by a commercial bank shall keep confidential the data and materials obtained in the process of handling equity affairs. Article 10 A commercial bank shall sign a service agreement with the custodian institution to clarify the rights and obligations of both parties. The service agreement shall at least include the following contents:

(1) A commercial bank shall provide a complete, timely and accurate register of shareholders, shareholder information, changes in equity, pledge, freezing and other information and related materials to the custodian institution;

(2) The custodian institution promises to manage the register of shareholders diligently and responsibly, record the changes in equity, pledge and freezing, take measures to ensure the accuracy of data records, and give timely feedback to commercial banks as agreed;

(3) The custodian institution promises to keep confidential the equity information of the commercial bank obtained in the process of handling custody affairs, and will still perform the obligation of confidentiality after the termination of the service agreement;

(4) A commercial bank and a custodian institution shall agree on the procedures for handling equity affairs and clarify the responsibilities of both parties.

(5) The custodian institution promises to submit relevant information to the China Banking Regulatory Commission in accordance with regulatory requirements;

(6) Where the change of the equity of a commercial bank is subject to the examination and approval of the China Banking Regulatory Commission or its dispatched office in accordance with regulations without providing the corresponding approval documents, the custodian institution shall refuse to handle the business and report to the China Banking Regulatory Commission or its dispatched office in a timely manner;

(7) In any of the following circumstances, the custodian institution shall report to the China Banking Regulatory Commission or its dispatched office:

1. The custodian institution finds that the equity activities of commercial banks are illegal;

2. The custodian institution finds that the shareholders of the commercial bank are not qualified;

3. Due to commercial banks, the custodian institution is unable to perform its custody duties;

4. Other materials required by China Banking Regulatory Commission.

(8) Where the custodian institution does not meet the relevant requirements as stipulated in these Measures, or is ordered to be replaced or blacklisted by the China Banking Regulatory Commission or its dispatched office due to its own misconduct, and the commercial bank terminates the service agreement, the corresponding responsibilities shall be borne by the custodian institution.

Before the promulgation of these Measures, the commercial bank has signed a service agreement with the custodian institution. If the service agreement does not meet the requirements of these Measures, it shall sign a supplementary agreement with the custodian institution, and reflect the above requirements in the supplementary agreement.