What laws apply to the operation of banks and financial institutions in China?
Operating a bank or financial institution in China is subject to a number of laws. The Chinese Company Law of 1993 regulates the establishment and operations of Chinese companies, including banks and financial institutions. The Banking Law of 1995 and Insurance Law of 1996 both provide further regulations for the banking and financial sector. The Securities Law of 1998 also applies to banks and financial institutions, as do the laws regulating auditing, accounting, and tax collection. In addition, the People’s Bank of China (PBOC) regulates the currency and capital markets, sets the reserve requirements for banks, and provides direction on interest rates. The PBOC also oversees the operations of banks and financial institutions, with the aim of ensuring their soundness and stability. Further oversight over the banking and financial sector is provided by the China Banking Regulatory Commission (CBRC) and the China Insurance Regulatory Commission (CIRC), both of which have authority to issue regulations and conduct inspections and investigations. The Total Asset Management Regulations of 1999 ensure that financial institutions maintain solvency and promote prudent financial management. The Regulations on Subprime Lending of 2010 also regulate the operations of banks and other financial institutions, and require certain standards for the management of their subprime lending activities. All of these laws combine to provide a framework for the operation of banks and financial institutions in China.
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