商业银行资本充足率管理办法

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商业银行资本充足率管理办法(2007修正)

Measures for the Management of Capital Adequacy Ratios of Commercial Banks

(Promulgated and implemented by Order No. 2 [2004] of China Banking Regulatory Commission and amended according to the Decision of China Banking Regulatory Commission on Revising the Measures for the Management of Capital Adequacy Ratios of Commercial Banks as adopted at the 55th chairmen's meeting of China Banking Regulatory Commission on December 28, 2006)

Chapter I General Provisions

Article 1 In order to strengthen the supervision over the capital adequacy ratios of commercial banks, promote the safety and stability of commercial banks, the present Measures are formulated in accordance with the Banking Supervision Law of the People's Republic of China, the Law of the People's Republic of China on Commercial Banks, the Administrative Regulations of the People's Republic of China on Foreign-funded Financial Institutions and other relevant laws and regulations.

Article 2 The present Measures shall be applicable to the commercial banks established within the territory of the People's Republic of China, including Chinese-funded banks, wholly foreign-funded banks and Sino-foreign equity joint banks.

Article 3 The term "capital adequacy ratio" as mentioned in the present Measures refers to the ratio between the capital, which is held by a commercial bank and meets the requirements of the Present Measures, and the risk-weighted assets of the commercial bank.

The "core capital adequacy ratio of a commercial bank" refers to the ratio between the core capital, which is held by the commercial bank and meets the requirements of the present Measures, and the risk-weighted assets of the commercial bank.

Article 4 The calculation of the capital adequacy ratio of a commercial bank shall be based on provision for loan loss and other losses.

Article 5 The capital of a commercial bank shall prevent credit risk and market risk.

Article 6 A commercial bank shall simultaneously calculate the unconsolidated capital adequacy ratio and the consolidated capital adequacy ratio.

Article 7 The capital adequacy ratio shall not be lower than 8%, the core capital adequacy ratio shall not be lower than 4%.

Article 8 China Banking Regulatory Commission (hereinafter referred to as the CBRC)shall conduct supervision and inspection over the capital adequacy ratios and the capital management status of commercial banks.

Article 9 The commercial banks shall disclose the information related to capital adequacy ratios in accordance with the present Measures.

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