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On January 20, the People’s Bank of China issued a public comment on the”Regulations on Non-bank Payment Institutions (Draft for Comment)” (hereinafter referred to as the”Regulations for Comment”) announcement of. The purpose is to strengthen the supervision and management of non-bank payment institutions, regulate the behavior of non-bank payment institutions, prevent payment risks, protect the legitimate rights and interests of parties, and promote the healthy development of the payment service market. This is a blockbuster document of antitrust supervision in the field of payment.

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The Draft Regulations emphasizes the focus on strengthening financial supervision, the prevention of systemic financial risks as the bottom line, and the enrichment of supervision methods. 1. Strengthen anti-monopoly supervision measures in the payment field, clearly define the scope of relevant markets and standards for determining market dominance, and maintain fair competition in the market order. 2. Regulate the People’s Bank of China’s inspection power and inspection measures to ensure the effective exercise of the People’s Bank of China’s law enforcement power. 3. Clarify the regulatory requirements for payment institutions’ equity pledge, innovative business development, and major event changes to be filed with the People’s Bank of China. It is clarified that inter-institutional payment services initiated by payment institutions should be processed by clearing institutions with corresponding legal qualifications to ensure the safety and transparency of funds and information.

If a non-bank payment institution fails to follow the principles of safety, efficiency, integrity, and fair competition, which seriously affects the healthy development of the payment service market, the People’s Bank of China may propose to the State Council’s anti-monopoly law enforcement agency to stop abusing its dominant market position , Stop the implementation of centralization, split non-bank payment institutions according to the type of payment business and other measures.

Ten core points

1. Incorporate innovation activities into supervision, The business innovation that the central bank requires non-bank payment institutions to carry out involves user fund security and information security In case of business, sufficient risk assessment and compliance demonstration shall be carried out, information shall be disclosed in a timely, sufficient and comprehensive manner, users shall be notified of relevant business risks, and shall be filed with the People’s Bank of China or its branches before the business commences.

2. Without the approval of the People’s Bank of China, no unit or individual may engage in or engage in payment business in disguise. Any unit that is not engaged in payment business shall not use the word”payment” in its name. Except as otherwise provided by laws and administrative regulations.

3. To set a higher threshold for registered capital, the central bank requires the minimum registered capital of non-bank payment institutions to be 100 million yuan. The People’s Bank of China has determined the minimum amount of registered capital for non-bank payment institutions engaged in stored-value account operations and payment transaction processing services, and the requirements for the ratio of registered capital to business scale, respectively, in accordance with the principle of prudential supervision. The registered capital should be paid-in capital. Shareholders of non-bank payment institutions shall make capital contributions with their own funds, and shall not make capital contributions with non-own funds such as entrusted funds or debt funds.

4. The identification of non-major shareholders, major shareholders, controlling shareholders and actual controllers is given. The controlling shareholder refers to the amount of capital contributed by the non-bank Shareholders with more than 50%of the total capital of a payment institution or whose shares account for more than 50%of the total share capital of a non-bank payment institution; although the capital contribution or the proportion of shares held is less than 50%, it depends on the amount of capital or the share held Shareholders who have enough voting rights to have a significant impact on the general meeting of shareholders and shareholders. The same legal person as a non-bank payment institution shall not hold more than 10%of the equity of two or more non-bank payment institutions. The same actual controller may not control two or more non-bank payment institutions.

5. If a shareholder of a non-bank payment institution intends to pledge the equity of a non-bank payment institution, it shall file with the People’s Bank of China before the pledge, and the pledged equity shall not exceed the total number of equity in the non-bank payment institution held by the shareholder Of 50%.

Six. Non-bank payment institutions shall set aside preparation funds and bring them into supervision ,Requirements by the Central BankThe reserve fund accepted by non-bank payment institutions does not belong to its own property. Non-bank payment institutions shall not embezzle, occupy or borrow the reserve funds in any form, and shall not use the reserve funds to provide for themselves and others without authorization guarantee. The ratio of the net assets of non-bank payment institutions to the average daily balance of reserves should comply with the regulations of the People’s Bank of China. Non-bank payment institutions shall deposit the reserve funds in the People’s Bank of China or a commercial bank that meets the requirements.

7. No interest on stored value accounts shall be paid. The central bank requires non-bank payment institutions engaged in the operation of stored value accounts not to pay users related to the payment account balance or prepaid value balance period held by the user Interest and other income.

8. Six behaviors of controlling shareholders and actual controllers will be strictly prohibited:1. Shareholders and actual controllers of non-bank payment institutions shall not use specific purpose carriers or entrust others to hold shares, etc. Ways to evade supervision; 2. Do not have many related parties, complicated equity relationships, opaque or ownership disputes, maliciously conduct related transactions, malicious use of related relationships; 3. Do not use methods such as abuse of market dominance to engage in unfair competition; 4.Do not manipulate the market or disrupt market order;5. From the date of becoming the controlling shareholder or actual controller of a non-bank payment institution, no transfer of the holdings is allowed within 3 years Shares of non-bank payment institutions. 6. Other situations that may have a significant adverse impact on the operation and management of non-bank payment institutions.

9. In order to strengthen anti-monopoly supervision in the payment field, clearly clarified the three pre-warning situations of non-bank payment institutions’ market dominance and the three determinations of non-bank payment institutions constituting market dominance.Among them, when a non-bank payment institution’s market share in the non-bank payment service market reaches one-third; or the total market share of two non-bank payment institutions in the non-bank payment service market reaches one-half; and Or if the total market share of the three non-bank payment institutions in the non-bank payment service market reaches three-fifths, they will be warned by the State Council’s anti-monopoly law enforcement agency to take measures such as interviews. If a non-bank payment institution commits a monopolistic act, the Anti-monopoly Law Enforcement Agency of the State Council in conjunction with the People’s Bank of China shall impose penalties in accordance with relevant laws and regulations.

X. Non-bank payment institutions shall not conduct payment business or outsource core business beyond the approved business scope; shall not conduct or conduct clearing business in disguise; shall not engage in or engage in credit granting activities in disguise; Unfair competition shall not be carried out to hinder the fair competition order of the market.

What is a non-bank payment institution?

The”draft for comments on regulations” gives a clear definition of”non-bank payment institutions”:

non-bank payment institutions, refer to the A limited liability company or company limited by shares legally established in the Republic of China and obtained a payment business permit to engage in some or all of the following payment businesses: p>

(1) Store-value account operation;

(2) Payment transaction processing.

Stored value account operation, refers to opening a payment account or providing prepaid value, based on the Electronic payment instruction, the act of transferring currency funds. Except for the prepaid value issued by legal entities and used only within them.

Payment transaction processing, refers to the transfer of currency according to the electronic payment instructions submitted by the payee or payer without opening a payment account or providing prepaid value The act of funding.

Three early warning situations of market dominance for non-bank payment institutions

The”Draft for Comments” pointed out that if a non-bank payment institution has one of the following circumstances, the People’s Bank of China may consult with the State Council Anti-monopoly law enforcement agencies give early warnings to take measures such as interviews:

1. A non-bank payment institution’s market share in the non-bank payment service market reaches one-third;

2. The total market share of the two non-bank payment institutions in the non-bank payment service market reaches one-half;

3. The total market share of the three non-bank payment institutions in the non-bank payment service market reaches Three fifths.

Confirmation of three market dominance situations for non-bank payment institutions

The”Draft for Comments” points out that in any of the following situations, the People’s Bank of China may consult the State Council’s Anti-Monopoly Law Enforcement Agency Review whether non-bank payment institutions have a dominant market position:

1. One non-bank payment institution’s market share in the national electronic payment market reaches one-half;

2. Two non-bank payment institutions The total market share of payment institutions in the national electronic payment market has reached two-thirds;

3. The total market share of the three non-bank payment institutions in the national electronic payment market has reached three-quarters.

In the case of the second and third provisions of the preceding paragraph, where the market share of a non-bank payment institution involved is less than one-tenth, the State Council’s Anti-Monopoly Law Enforcement Agency shall not be asked to review the non-bank Whether the payment institution has a dominant market position.

Full text attached

Regulations on non-bank payment institutions

(Draft for comments)

Chapter One General Provisions

Article 1 (Purpose Basis) is to strengthen the payment of non-bank payment institutions This regulation is formulated in accordance with the “People’s Bank of China Law of the People’s Republic of China” and “E-commerce Law of the People’s Republic of China”.

Article 2 (Types of Business) The term “non-bank payment institutions” as used in these Regulations means legally established within the territory of the People’s Republic of China and obtained a payment business license to engage in the following parts or Limited liability company or company limited by shares for all payment services:

(1) Store-value account operation;

(2) Payment transaction processing.

Stored value account operation refers to the act of opening a payment account or providing prepaid value, according to the electronic payment instructions submitted by the payee or payer, to transfer monetary funds. Except for the prepaid value issued by legal entities and used only within them.

Payment transaction processing refers to the act of transferring money and funds according to the electronic payment instructions submitted by the payee or payer without opening a payment account or providing prepaid value.

The specific classification methods and rules of stored-value account operation and payment transaction processing are separately prescribed by the People’s Bank of China.

The payment account referred to in these Regulations refers to the electronic account that is opened for natural persons (including individual industrial and commercial households) according to their true wishes and used to initiate payment instructions, record the balance of prepaid transaction funds, and reflect transaction details. bookkeeping. The specific rules for payment account business shall be separately formulated by the People’s Bank of China.

Article 3 (Operation Principles)Non-bank payment institutions shall abide by relevant laws and regulations when conducting business, follow the principles of safety, efficiency, integrity and fair competition, and shall not harm national interests , The public interest and the legitimate rights and interests of others.

Article 4 (Supervision and Management) The People’s Bank of China and its branches perform their duties of supervision and management of non-bank payment institutions in accordance with the law.

The People’s Bank of China formulates the identification standards and regulatory rules for systemically important non-bank payment institutions in accordance with the law.

Article 5 (Anti-Money Laundering and Anti-Terrorist Financing Obligations)Non-bank payment institutions shall abide by the relevant provisions on anti-money laundering and anti-terrorist financing, and perform anti-money laundering and anti-terrorist financing obligations.

Article 6 (Scope of Application) Where non-banking institutions provide payment services for natural persons, legal persons and other organizations in the People’s Republic of China or for domestic and cross-border transactions, this Regulations.

Chapter 2 Establishment, Change and Termination

Article 7 (Establishment Approval) The establishment of a non-bank payment institution shall Approved by the People’s Bank of China. The name of a non-bank payment institution should be marked with the word”payment”.

Without the approval of the People’s Bank of China, no unit or individual may engage in payment business or in disguised form. Any unit that is not engaged in payment business shall not use the word”payment” in its name. Except as otherwise provided by laws and administrative regulations.

Article 8 (Application Conditions) The establishment of a non-bank payment institution shall comply with the”People’s Republic of China The requirements for the establishment of a limited liability company or a company limited by shares stipulated in the Company Law shall meet the following conditions:

(1) The registered capital shall meet the requirements of Article 9 of this Regulation;

(2) There are non-major shareholders, major shareholders, controlling shareholders, actual controllers and ultimate beneficiaries who meet the requirements of Articles 10 to 13 of this Regulation;

(3) Proposed appointment Directors, supervisors and senior management personnel meet the requirements of Article 14 of these regulations;

(4) Have a business premises, security measures, technical capabilities and payment services that meet the requirements within the territory of the People’s Republic of China Infrastructure;

(5) Have a sound corporate governance structure, organizational structure, internal control system, risk management measures, exit plans, and protection measures for the legitimate rights and interests of users;

(6) There are complete anti-money laundering and anti-terrorist financing measures;

(7) There is a clear business development direction and feasible business development plan;

(8) Others required by the People’s Bank of China Prudential conditions.

Article 9 (Capital Strength Requirements) The minimum registered capital of non-bank payment institutions is 100 million yuan. According to the principle of prudential supervision, the People’s Bank of China determines the minimum registered capital of non-bank payment institutions engaged in stored-value account operations and payment transaction processing services, as well as the ratio of registered capital to business scale. The registered capital should be paid-in capital.

Shareholders of non-bank payment institutions shall make capital contributions with their own funds, and shall not make capital contributions with non-own funds such as entrusted funds or debt funds.

Article 10 (Conditions for Non-Major Shareholders) Enterprises or natural persons who are non-major shareholders of non-bank payment institutions shall meet the following conditions:

( 1) The enterprise should be established in accordance with the law, with a clear equity structure, and a sound governance structure;

(2) The enterprise and natural persons should have no criminal record, and no other major violations of laws or regulations or serious market dishonesty in the past 3 years, without cause Suspected major violations of laws and regulations are being investigated or are in the period of rectification;

(3) The enterprise should have sufficient capital strength, main business with good development prospects, and sustainable development capabilities.

The term “non-major shareholders” referred to in these Regulations refers to shareholders who hold less than 10%of the equity of non-bank payment institutions and have no significant influence on the operation of non-bank payment institutions.

Article 11 (Requirements for Major Shareholders, Controlling Shareholders and Actual Controllers) Major shareholders, controlling shareholders and actual controllers of non-bank payment institutions shall meet the following conditions:

(1) The main shareholder and controlling shareholder should be a limited liability company or joint stock limited company with a good governance structure, a clear ownership structure and organizational structure, and a transparent structure of shareholders and ultimate beneficiaries;

(2) If the main shareholder, controlling shareholder and actual controller are enterprises, they shall have sufficient capital strength, main business with good development prospects, stable profit sources and sustainable development capabilities; if the actual controller is a natural person, they shall have sufficient Capital strength;

(3) No criminal record, no other major violations of laws or regulations or serious market dishonesty in the past 3 years, and no major violations of laws or regulations are under investigation or during rectification;

(4) There has been no false investment, revolving capital injection of non-bank payment institutions, financial institutions, or other financial business institutions, or when investing in non-bank payment institutions, financial institutions or other financial business institutions, no Acts of providing false promises or false materials;

(5) Other prudential conditions stipulated by the People’s Bank of China.

The term “major shareholder” as mentioned in these Regulations refers to holding or controlling more than 10%of the total shares or voting rights of non-bank payment institutions, or holding less than 10%of the total shares, but the management of non-bank payment institutions Shareholders with significant influence.

The controlling shareholder referred to in these Regulations refers to shareholders whose capital contribution accounts for more than 50%of the total capital of non-bank payment institutions or whose shares hold more than 50%of the total capital of non-bank payment institutions; or Although the proportion of shares held is less than 50%, but the voting rights enjoyed by their capital contribution or shares held are sufficient to have a significant impact on the general meeting of shareholders and shareholders.

The actual controller mentioned in these regulations refers to a person who can actually control the behavior of non-bank payment institutions through investment relationships, agreements or other arrangements.

The same legal person cannot hold more than 10%of the equity of two or more non-bank payment institutions.

The same actual controller shall not control two or more non-bank payment institutions.

Article 12 (Prohibited Acts of Controlling Shareholders and Actual Controllers) The controlling shareholders and actual controllers of non-bank payment institutions shall not have the following circumstances:

(1) Avoid supervision through specific purpose carriers or entrust others to hold stocks;

(2) There are many related parties, the equity relationship is complex, opaque, or there are ownership disputes, malicious conduct of related transactions, malicious Use association relationships;

(3) Use methods such as abuse of market dominance to carry out unfair competition;

(4) Manipulate the market and disrupt market order;

(5) From the date of becoming the controlling shareholder or actual controller of the non-bank payment institution, transfer the shares of the non-bank payment institution within 3 years;

(6) Other possible operations to the non-bank payment institution Manage situations that have significant adverse effects.

Article 13 (Ultimate Beneficiary Conditions) Under one of the following circumstances, it shall not be the ultimate beneficiary of a non-bank payment institution:

( 1) Being included in the anti-money laundering and anti-terrorist financing monitoring list;

(2) Having a greater impact on the steady operation of non-bank payment institutions.

The ultimate beneficiary mentioned in these Regulations refers to the person who actually enjoys the direct or indirect equity income of non-bank payment institutions.

Article 14 (Qualifications for Senior Executives) Directors, supervisors and senior executives of non-bank payment institutions shall meet the following requirements and obtain appointments approved by the People’s Bank of China Qualifications:

(1) Familiar with the laws and regulations related to payment business;

(2) Have the professional experience and management ability required to perform duties;

(3) No criminal record and no other major violations of laws and regulations or serious market dishonesty in the last 3 years;

(4) Other prudential conditions stipulated by the People’s Bank of China.

Under one of the circumstances stipulated in Article 146 of the”Company Law of the People’s Republic of China”, you may not serve as a director, supervisor or senior manager of a non-bank payment institution.

Article 15 (Application Materials for Preparatory Establishment) To establish a non-bank payment institution, you should first apply for establishment and submit the following preparatory application materials to the place where the non-bank payment institution is to be established Branches of the People’s Bank of China:

(1) A written application stating the applicant’s proposed establishment of a non-bank payment institution name, address, registered capital, and type of payment business to be applied for;

(2) Draft of the company’s articles of association;

(3) Proof that the capital strength meets the requirements;

(4) Non-major shareholders, major shareholders, controlling shareholders, actual controllers and ultimate Relevant materials of the beneficiary;

(5) The organization setting, internal control system plan, risk management measure plan and user’s legal rights protection plan of the proposed non-bank payment institution;

(6) Anti-money laundering and anti-terrorist financing measures;

(7) Payment business development plan and feasibility study report;

(8) Payment business infrastructure construction plan;

(9) Preparatory work plan and list of main staff and resumes;

(10) The People’s Bank of China based on the protection of users’ legitimate rights and Other materials related to bank payment institutions.

After the branch of the People’s Bank of China where the non-bank payment institution is located has accepted and initially reviewed the preparation application materials, it shall promptly submit the preparation application materials and review opinions to the People’s Bank of China.

The applicant referred to in these Regulations refers to the legal person that has an interest in the payment business license application and applies to the People’s Bank of China.

Article 16 (Approval of Preparations) The People’s Bank of China shall make a decision to approve or disapprove preparations within 6 months from the date of accepting the applicant’s preparation application materials. And notify the applicant in writing. If it decides not to approve, the reasons shall be explained.

If the People’s Bank of China cannot complete the review within the time limit specified in the preceding paragraph and make a decision to approve or disapprove the establishment, it may extend the review period appropriately and notify the applicant in writing, but the extension of the review period shall not exceed 3 months .

Article 17 (Time Limit for Preparatory Establishment) The applicant shall complete the preparatory work within 6 months from the date of approval of the preparatory establishment decision. If the preparatory work is not completed within the prescribed time limit, the reasons shall be explained, and it may be extended for 3 months upon approval of the branch of the People’s Bank of China where the non-bank payment institution is located. If the preparatory work is not completed within the extended period, the decision to approve the preparatory establishment made by the People’s Bank of China will automatically become invalid.

Article 18 (Application materials for opening of business) After the preparatory work is completed, the branch of the People’s Bank of China where the non-bank payment institution is to be established will be checked and accepted. If the experience acceptance is qualified, the applicant should submit the following materials to the branch of the People’s Bank of China where the non-bank payment institution is to be established to apply for opening:

(1) An application form for opening a non-bank payment institution, stating the proposed establishment of a non-bank payment institution Institution’s name, domicile, registered capital, organizational structure, type of payment business to be carried out, etc.;

(2) Payment business rules and detailed instructions;

(3) Compliance with regulations Business premises, payment business infrastructure acceptance materials and emergency plan;

(4) Anti-money laundering and anti-terrorist financing Measure acceptance materials;

(5) Payment business facilities’ technical standards compliance and safety certification materials;

(6) Corporate governance structure, internal control, risk prevention, compliance mechanism and Withdrawal plan and other materials;

(7) Application materials for the qualifications of the proposed directors, supervisors and senior managers;

(8) Summary report on completion of preparations, including original preparations Explanation of changes in application materials and relevant supporting materials;

(9) Other materials related to non-bank payment institutions that are reasonably required by the People’s Bank of China based on the protection of the legitimate rights and interests of users and the protection of public interests.

After the branch of the People’s Bank of China where the non-bank payment institution is located has accepted and initially reviewed the application materials submitted by the applicant, it shall submit the application materials and the review opinions to the People’s Bank of China in a timely manner.

Article 19 (Opening Approval) The People’s Bank of China shall make a decision to approve or disapprove the opening of the business within 2 months from the date of accepting the applicant’s application materials , And notify the applicant in writing. If it decides to approve, it shall issue the approval document and payment business permit and make an announcement; if it decides not to approve, it shall explain the reasons.

Article 20 (Time Limit for Opening) The applicant shall go through the registration procedures with the market supervision and management department within 1 month from the date of receipt of the payment business license and receive business license.

Non-bank payment institutions shall open business within 6 months from the date of obtaining the business license. Those who fail to start business on time shall submit an application for extension of business opening to the People’s Bank of China one month before the expiration of the opening period. The extension of business opening shall not exceed one time, and the extension shall not exceed 3 months.

If a non-bank payment institution fails to open business within the time limit specified in the preceding paragraph, the opening approval document shall become invalid, and the People’s Bank of China shall go through the formalities for the cancellation of the opening permit, withdraw the payment business license of the non-bank payment institution, and make an announcement.

Article 21 (Announcement Requirements) The applicant shall announce the following matters as required after receiving the notice of acceptance of the opening application:

(1) Applicant’s registered capital and equity structure;

(2) List of major shareholders, shareholding ratio and financial status;

(3) List of actual controllers and financial status ;

(4) The type of payment business to be applied for;

(5) The applicant’s business place;

(6) Technical standards for payment business facilities Compliance and safety certification materials.

Article 22 (Requirements for domicile and business and management sites) The business and management sites of non-bank payment institutions shall be consistent with the domicile. If a non-bank payment institution intends to engage in payment business in a province, autonomous region, or municipality other than its domicile, and involves entity special merchants, they shall be The bank requires the establishment of a branch.

If a non-bank payment institution intends to establish a branch, it shall file with the branch of the People’s Bank of China where the branch is to be established before conducting business.

If a non-bank payment institution intends to set up a branch in the place of residence, please refer to the above regulations.

Article 23 (Change of Approval Items) If a non-bank payment institution changes the following items, it shall report to the People’s Bank of China or its branch for approval in accordance with regulations, and need to go through business registration Registration procedures, after approval, go through the relevant procedures:(1) Change the company name, registered capital, business scope, domicile, articles of association or organizational form;

(2) Change the company Equity structure, actual controller or ultimate beneficiary;

(3) Merger or division;

(4) Change of directors, supervisors or senior management personnel.

The People’s Bank of China or its branch shall make a decision within 3 months from the date of accepting the change application and notify the applicant in writing.

Article 24 (Termination of business) If a non-bank payment institution is dissolved or declared bankrupt in accordance with the law, it shall complete the cancellation procedure of the payment business license and exit the payment business , Go through company cancellation registration according to law. The withdrawal of non-bank payment institutions shall be led by the branch of the People’s Bank of China where the non-bank payment institution is domiciled. The local people’s government in the domicile of the non-bank payment institution shall cooperate in handling relevant work to effectively protect the legitimate rights and interests of users.

The clearing of non-bank payment institutions shall be handled in accordance with the relevant laws and administrative regulations of the People’s Republic of China and the relevant regulations of the People’s Bank of China.

Chapter III Payment Business Rules

Article 25 (Business Franchise) Non-bank payment institutions shall pay in accordance with To engage in payment business within the scope specified in the business license, it is not allowed to engage in business beyond the scope specified in the payment business license, or to engage in or engage in credit granting activities in disguised form.

Non-bank payment institutions shall not directly or in disguise transfer, lease or lend payment business licenses.

Article 26 (Institutional System Construction)Non-bank payment institutions shall establish and improve compliance management systems, internal control systems, business management systems, and risks in accordance with the requirements of prudent operation The management system, emergency response plan and user’s legal rights protection measures shall be reported to the branch of the People’s Bank of China in the place of residence for the record.

Article 27 (Continuous Management of Identity Identification Mechanism)Non-bank payment institutions shall follow the principle of “know your customers”, identify and verify user identities in accordance with regulations, and understand The user’s account opening purpose and transaction background shall establish a continuous, effective and safe identification mechanism.

Non-bank payment institutions shall independently adopt continuous and effective identification measures for customers and special merchants they expand to ensure that special merchants are legally established merchants engaged in legal business activities.

Article 28 (Requirements for Core Business Management)Non-bank payment institutions shall independently complete the expanded qualification review of special merchants, the signing of service agreements, and continuous risk monitoring of merchants Such activities shall not outsource core business involving fund security, information security, etc.

Non-bank payment institutions shall submit complete transaction information to the clearing institution.

If a non-bank payment institution outsources non-core business, it shall assume the management responsibility and legal consequences as the main body of the payment business.

Article 29 (Supervision Requirements for Stored-Value Account Operation) The stored-value funds obtained from users by non-bank payment institutions engaged in stored-value account operations shall be equivalent in time Converted to payment account balance or prepaid value balance.

Non-bank payment institutions engaged in the operation of stored-value accounts shall, in accordance with the regulations of the People’s Bank of China, redeem the balance held by users in a timely and equivalent value according to user requirements.

Non-bank payment institutions engaged in the operation of stored-value accounts shall not pay users interest and other benefits related to the period of the user’s holding payment account balance or prepaid value balance.

Non-bank payment institutions engaged in the operation of stored-value accounts shall not open payment accounts and provide services for users through agencies, and shall take adequate security measures for the opened payment accounts.

Article 30 (Payment Account Management)Non-bank payment institutions shall establish and improve business management systems for the opening, use, modification and cancellation of payment accounts. “Who is responsible” for the management principle, assume the main responsibility for the legal compliance of payment accounts, perform due diligence obligations, prevent anonymous, pseudonymous, and fake payment accounts from opening payment accounts, and take adequate and effective measures to prevent payment accounts from being used for renting, lending, and Selling, money laundering, gambling, fraud and other illegal activities.

The payment account holder shall open the payment account in his real name and use it by himself, and shall be responsible for the authenticity of the account opening information provided and the consequences of the transaction. Payment account holders must not open payment accounts anonymously, under false names, or under false names, rent, lend, or sell payment accounts, must not provide payment accounts for illegal activities, and bear responsibility for account violations including credit punishment.

Article 31 (Payment Transaction Processing Business Regulatory Requirements) Non-bank payment institutions engaged in payment transaction processing business shall operate in accordance with clearing institutions, banks, and stored-value account operations The non-bank payment institution recognized the security authentication method to access the account, and the sensitive information of the account must not be retained. Banks that cooperate with non-bank payment institutions to conduct business shall comply with account management regulations.

Article 32 (Data preservation)Non-bank payment institutions shall keep user information and transaction records in accordance with the provisions of laws and administrative regulations, and cooperate with relevant agencies to inquire user information or Transaction information, cooperate with competent authorities to freeze and deduct user funds.

ThirdArticle 13 (Payment Agreement) Non-bank payment institutions shall sign an agreement with users to clarify the rights and Obligations, dispute resolution principles, liability for breach of contract, payment business process, electronic payment instruction transmission path, ownership of reserve funds and other matters. Non-bank payment institutions shall fulfill their information disclosure obligations regarding the content of relevant agreements that can affect whether users agree to use payment services.

Non-bank payment institutions should draft the format terms of the agreement in accordance with the principle of fairness and disclose it publicly. For clauses that exempt or limit one’s own liability or exclude user rights, reasonable prompts and explanations shall be fulfilled.

If a non-bank payment institution intends to change the content of the agreement, it shall fully solicit user opinions and make an announcement in a prominent position on its branch or official website 30 days in advance. The non-bank payment institution shall reach an agreement with the user on the content of the agreement to be changed in written form.

Article 34 (Information Collection, Use, and Processing) Non-bank payment institutions shall collect and use user information in accordance with the principles of lawfulness, fairness, and necessity, and publicly collect, The rules for the use of user information clearly state the purpose, method and scope of the collection and use of user information, and the user expressly agrees.

Non-bank payment institutions shall not collect user information that has nothing to do with the services they provide, and shall not collect and use user information in violation of relevant regulations and agreements between the two parties, and shall handle the stored information in accordance with relevant regulations and the agreement between the parties. User Info.

Non-bank payment institutions shall keep the collected user information strictly confidential, shall not disclose, tamper with, or destroy user information, shall not sell or illegally provide user information to other organizations or individuals, and shall not authorize or agree to The use of user information for marketing and external provision is a prerequisite for establishing a business relationship with the user, except where the nature of the business relationship requires prior authorization or consent.

Users of non-bank payment institutions have the right to request non-bank payment institutions to delete their personal information, unless otherwise provided by laws and administrative regulations. For incorrect information, the user has the right to request correction.

When non-bank payment institutions and their affiliates share user information, they should ensure compliance with laws and regulations, control risks, and with the explicit consent of users, to prevent improper use of user information.

Article 35 (Information Localization Requirements) If a non-bank payment institution is identified as a key information infrastructure, the storage of user information collected and generated in China , Processing and analysis shall be carried out within the territory. Non-bank payment institutions that provide domestic user information overseas shall comply with laws, administrative regulations, departmental rules, and the provisions of the People’s Bank of China, and obtain the user’s express consent.

Article 36 (Business Charges)Non-bank payment institutions shall reasonably determine and publicly disclose the charging items and charging standards of payment services in accordance with relevant provisions of price laws and regulations. Mark the price clearly and report it to the branch of the People’s Bank of China where you live.

Non-bank payment institutions should clearly and completely indicate the service content, charging items, charging standards, restrictions and related requirements in the eye-catching locations and key nodes of their business premises and business processing channels to protect users’ right to know And options.

Article 37 (Requirements for the Management of Reserve Funds) The term “prescription fund” in these regulations refers to the payment received by non-bank payment institutions for the payment business entrusted by users The monetary funds received in advance to be paid.

The reserve fund accepted by non-bank payment institutions is not its own property. Non-bank payment institutions shall not embezzle, occupy or borrow the reserve funds in any form, and shall not use the reserve funds for themselves and others without authorization. Provide guarantees.

Non-bank payment institutions shall transfer reserve funds in accordance with user-initiated payment instructions, unless otherwise provided by laws, administrative regulations and the People’s Bank of China.

Article 38 (Control of the Scale of Reserves) The ratio of the net assets of non-bank payment institutions to the daily average balance of the reserves shall comply with the regulations of the People’s Bank of China.

Article 39 (Storage and Use of Reserve Funds) Non-bank payment institutions shall deposit the reserves in the People’s Bank of China or a commercial bank that meets the requirements.

任何单位或者个人不得对非银行支付机构存放备付金的账户申请冻结或者强制执行。

第四十条(清算规定)非银行支付机构发起的非银行支付机构之间、商业银行之间或者非银行支付机构与商业银行之间的支付业务,应当通过具有相应合法资质的清算机构进行处理。

非银行支付机构不得直接或者变相开展清算业务。

第四十一条(电子支付指令)非银行支付机构应当将必要的信息包含在电子支付指令中,确保电子支付指令的完整性、一致性、可追踪稽核和不可篡改。

电子支付指令的发起应当基于真实的交易背景,非银行支付机构不得虚构电子支付指令。

第四十二条(技术和安全标准)非银行支付机构应当具备必要的、独立的系统、设施和技术,确保支付业务处理的及时性、准确性和支付业务的连续性、安全性、可溯源性。

非银行支付机构支付业务相关系统、设施和技术,应当符合国家标准、金融行业标准和相关网络与数据安全管理要求。

第四十三条(境内交易处理要求)非银行支付机构应当在境内拥有安全、规范的支付业务处理系统及其备份系统。 If a non-bank payment institution provides services for domestic transactions, it shall complete the transaction processing through the domestic business processing system and complete the settlement of funds within the country.

第四十四条(跨境支付管理规定)非银行支付机构为跨境交易提供服务的,应当遵守跨境支付、跨境人民币业务及外汇管理的有关规定。

第四章 监督与管理

第四十五条(主要股东和控股股东监管)中国人民银行及其分支机构对非银行支付机构主要股东和控股股东进行审查,对其真实股权结构和实际控制人实施穿透式监管。

中国人民银行及其分支机构对非银行支付机构主要股东和控股股东的入股资金进行穿透式监管,严格审查入股资金来源、性质与流向。

第四十六条(检查范围)中国人民银行及其分支机构依据法律、行政法规和中国人民银行的规定对非银行支付机构进行检查。

中国人民银行及其分支机构可以采取进行现场检查,调查取证,询问相关人员并要求作出说明,检查信息管理系统和账户交易信息,查阅、复制、检查与封存有关材料等行政强制措施。 When necessary, the People’s Bank of China and its branches may obtain data from other relevant institutions for verification.

中国人民银行可以聘请符合条件的会计师事务所等中介机构,对非银行支付机构进行专项审计或稽核。

非银行支付机构应当接受中国人民银行及其分支机构的检查,如实提供资料,不得拒绝、阻挠、逃避检查,不得谎报、隐匿、销毁相关材料。

第四十七条(分类评级)中国人民银行按规定对非银行支付机构进行综合评价和分类评级,并根据分类评级结果采取差异化、针对性的监管措施。

第四十八条(创新业务备案)非银行支付机构开展的业务创新涉及用户资金安全和信息安全的,应当进行充分的风险评估和合规性论证,及时、充分、全面地进行信息披露,向用户提示相关业务风险,并在业务开展前向中国人民银行或其分支机构备案。

第四十九条(重大事项管理)非银行支付机构及其主要股东、实际控制人拟实施的境外投资等重大事项可能导致经营方针发生重大调整或者对公司经营发展、支付业务稳定性和连续性、用户合法权益产生重大影响的,应当在相关事项实施前向中国人民银行或其分支机构备案。

非银行支付机构的股东拟质押非银行支付机构股权的,应当在质押前向中国人民银行备案,质押的股权不得超过该股东所持有非银行支付机构股权总数的50%。

第五十条(风险事件预防与报告)中国人民银行及其分支机构应当会同有关部门建立重大风险事件的监测、预警、防范和处置机制,制定重大风险事件应急预案。

非银行支付机构发生风险事件的,应当立即报告住所地中国人民银行分支机构。

第五十一条(风险事件监管措施)非银行支付机构因发生风险事件影响其正常运营、损害用户合法权益的,中国人民银行可以区分情形,对非银行支付机构采取下列措施:

(一)风险提示;

(二)责令及时补充资本;

(三)限制重大资产交易;

(四)出售部分资产;

(五)责令调整董事、监事、高级管理人员或者限制其权利。

第五十二条(资料报送)非银行支付机构应当按规定向中国人民银行及其分支机构报送支付信息,经审计的经营数据报表、财务会计报告,统计数据,以及中国人民银行要求报送的与公司治理、业务运营相关的其他资料。

第五十三条(保密要求)中国人民银行及其分支机构对监督管理工作中知悉的国家秘密、商业秘密或者个人隐私,应当予以保密。

第五十四条(公平竞争要求)非银行支付机构不得开展不正当竞争,妨害市场公平竞争秩序。

第五十五条(市场支配地位预警措施)非银行支付机构有下列情形之一的,中国人民银行可以商国务院反垄断执法机构对其采取约谈等措施进行预警:

(一)一个非银行支付机构在非银行支付服务市场的市场份额达到三分之一;

(二)两个非银行支付机构在非银行支付服务市场的市场份额合计达到二分之一;

(三)三个非银行支付机构在非银行支付服务市场的市场份额合计达到五分之三。

第五十六条(市场支配地位情形认定)有下列情形之一的,人民银行可以商请国务院反垄断执法机构审查非银行支付机构是否具有市场支配地位:

(一)一个非银行支付机构在全国电子支付市场的市场份额达到二分之一;

(二)两个非银行支付机构在全国电子支付市场的市场份额合计达到三分之二;

(三)三个非银行支付机构在全国电子支付市场的市场份额合计达到四分之三。

有前款第二项、第三项规定的情形,其中涉及的非银行支付机构市场份额不足十分之一的,不应当商请国务院反垄断执法机构审查该非银行支付机构是否具有市场支配地位。

第五十七条(市场支配地位监管措施)非银行支付机构未遵循安全、高效、诚信和公平竞争原则,严重影响支付服务市场健康发展的,中国人民银行可以向国务院反垄断执法机构建议采取停止滥用市场支配地位行为、停止实施集中、按照支付业务类型拆分非银行支付机构等措施。

第五十八条(行业自律管理)中国支付清算协会依法开展行业自律管理,接受中国人民银行的监督指导。

中国支付清算协会应当制定非银行支付机构行业自律规范,报中国人民银行备案后组织实施。

第五十九条(支付保障基金)非银行支付机构应当缴纳支付保障基金,用于化解和处置非银行支付机构风险。

支付保障基金管理规定由中国人民银行会同有关部门另行制定。

第五章 法律责任

第六十条(审慎监管措施)非银行支付机构有下列情形之一的,中国人民银行可以根据审慎监管原则暂停其部分或者全部支付业务直至吊销其支付业务许可证:

(一)累计亏损超过其注册资本的50%;

(二)自获许可之日起,未实质开展部分或者全部支付业务,或者已获许可的部分或者全部支付业务连续停止2年以上;

(三)连续2个年度分类评级结果为最低等级;

(四)存在对支付服务市场稳定运行具有较大不利影响的情形。

第六十一条(非银行支付机构违规责任)非银行支付机构违反本条例规定,有下列情形之一的,中国人民银行及其分支机构责令其限期改正,区别不同情形给予警告,没收违法所得,违法所得10万元以上的,处违法所得1倍以上5倍以下罚款;没有违法所得或者违法所得不足10万元的,处10万元以上50万元以下罚款;逾期不改正的,可以按罚款金额10%至20%的比例,按日累加处罚;情节严重的,中国人民银行及其分支机构可以责令其停止开展新业务、暂停其部分或者全部支付业务或者责令其调整董事、监事、高级管理人员:

(一)未按本条例规定在名称中使用“支付”字样的;

(二)未按本条例规定建立并落实有关合规管理制度、内控管理制度、业务管理制度、风险管理制度、突发事件应急预案或者用户合法权益保障措施的;

(三)未按本条例规定办理相关备案手续的;

(四)未按本条例规定报送、保管相关信息、资料或者未及时、准确报送相关信息、资料的;

(五)未按本条例规定公开披露相关事项的;

(六)未按本条例规定办理变更实际控制人之外事项的;

(七)未按本条例规定设立分公司的;

(八)相关系统设施和技术不符合管理规定的;

(九)未按本条例规定履行创新业务备案、重大事项备案、风险事件报告要求的;

(十)中国人民银行基于审慎监管、保障用户合法权益原则规定的其他违法违规行为。

第六十二条(非银行支付机构违规责任)非银行支付机构违反本条例规定,有下列情形之一的,中国人民银行及其分支机构责令其限期改正,区别不同情形给予警告,暂停其办理部分或者全部支付业务,没收违法所得,违法所得50万元以上的,处违法所得1倍以上5倍以下罚款;没有违法所得或者违法所得不足50万元的,处50万元以上200万元以下罚款;情节严重或者逾期不改正的,由中国人民银行责令其暂停全部支付业务或者限制其业务类型、业务范围直至吊销其支付业务许可证;构成犯罪的,依法追究刑事责任:

(一)转让、出租、出借支付业务许可证的;

(二)超出核准业务范围开展支付业务或者将核心业务外包的;

(三)未按本条例规定对客户及特约商户采取持续有效的身份识别措施,未能自主完成特约商户资质审核、服务协议签订、对商户进行持续风险监测等活动的;

(四)未按本条例规定存放、使用、管理备付金的;

(五)未按本条例规定办理实际控制人变更事项、故意隐瞒实际控制人或者变相转让非银行支付机构股权的;

(六)擅自变更许可条件涉及的事项且对机构经营产生重大影响的;

(七)无正当理由中断支付业务的;

(八)未按本条例规定收集、使用与保存用户信息的;

(九)拒绝、阻扰、逃避检查和调查,谎报、隐匿、销毁相关材料的;

(十)开展或者变相开展清算业务的;

(十一)从事或者变相从事授信活动的;

(十二)未按本条例规定处理电子支付指令的;

(十三)未按本条例规定开展跨境支付业务的;

(十四)未按本条例规定履行业务终止程序的;

(十五)未按本条例规定办理支付账户业务或者违规为用户计息、开立支付账户的;

(十六)从事支付交易处理业务的非银行支付机构违规留存账户敏感信息的;

(十七)违反本条例规定开展不正当竞争,妨害市场公平竞争秩序的;

(十八)中国人民银行基于审慎监管、保障用户合法权益原则规定的其他违法违规行为。

第六十三条(控股股东、实际控制人违规责任)非银行支付机构的控股股东、实际控制人违反本条例规定,有下列情形之一的,中国人民银行及其分支机构责令其限期改正,没收违法所得,违法所得10万元以上的,处违法所得1倍以上5倍以下罚款;没有违法所得或者违法所得不足10万元的,处10万元以上50万元以下罚款;构成犯罪的,依法追究刑事责任:

一)规避监管、操纵市场、扰乱市场秩序的;

(二)恶意开展关联交易或者恶意使用关联关系的;

(三)自成为非银行支付机构的控股股东、实际控制人之日起3年内转让所持有的非银行支付机构股份的;

(四)中国人民银行基于审慎监管、保障用户合法权益原则规定的其他违法违规行为。

第六十四条(反垄断规定)非银行支付机构实施垄断行为的,由国务院反垄断执法机构会同中国人民银行依据有关法律法规进行处罚。

第六十五条(价格规定)非银行支付机构相关收费行为违反价格法律法规规定的,由国务院价格主管部门会同人民银行依据有关法律法规进行处罚。

第六十六条(反洗钱规定)非银行支付机构未按规定履行反洗钱和反恐怖融资义务的,由中国人民银行及其分支机构依据国家反洗钱相关法律、行政法规、规章等进行处罚;情节严重的,由中国人民银行吊销其支付业务许可证;构成犯罪的,依法追究刑事责任。

第六十七条(违反支付账户规定责任)非银行支付机构未按规定建立健全支付账户管理制度,未履行尽职调查义务,为非法活动提供便利的,中国人民银行及其分支机构责令其限期改正,没收违法所得,违法所得10万元以上的,处违法所得1倍以上5倍以下罚款;没有违法所得或者违法所得不足10万元的,处10万元以上50万元以下罚款;构成犯罪的,依法追究刑事责任。

非银行支付机构开立的被用于出租、出借、出售和其他非法活动的支付账户超过一定数量、影响支付服务市场秩序的,中国人民银行可以责令其停止开展新业务、暂停其部分或者全部支付业务6个月;情节严重或者对支付服务市场稳定运行产生重大影响的,中国人民银行可以责令其暂停部分或者全部支付业务直至吊销其支付业务许可证。

支付账户开户人匿名、假名、冒名开立支付账户,或者出租、出借、出售支付账户的,中国人民银行及其分支机构应当将相关行政处罚信息移送金融信用信息基础数据库;情节严重的,非银行支付机构5年内不得为该支付账户开户人开立支付账户或者办理支付账户业务。

第六十八条(骗取许可法律责任)以欺骗、虚假注资、循环注资或者利用委托资金、债务资金等非自有资金出资等不正当手段申请设立非银行支付机构但未获批准的,申请人及其实际控制人3年内不得再次申请或者参与申请设立非银行支付机构。

以欺骗、虚假注资、循环注资或者利用委托资金、债务资金等非自有资金出资等不正当手段申请设立非银行支付机构且已获批准的,由中国人民银行及其分支机构责令其终止支付业务,吊销其支付业务许可证;构成犯罪的,依法追究刑事责任;申请人及其主要股东、控股股东和实际控制人3年内不得再次申请或者参与申请支付业务许可证。

第六十九条(无证机构处理)任何机构和个人未经批准擅自从事或者变相从事支付业务的,参照《防范和处置非法集资条例》有关规定予以处理。

非银行支付机构为擅自从事或者变相从事支付业务的机构和个人提供支付业务渠道的,由中国人民银行及其分支机构责令其限期整改,没收违法所得,违法所得50万元以上的,并处违法所得1倍以上5倍以下罚款;没有违法所得或者违法所得不足50万元的,处50万元以上200万元以下罚款;逾期不改正的,可以责令其停业整顿或者限制其业务类型、业务范围直至吊销其支付业务许可证;构成犯罪的,依法追究刑事责任。

第七十条(高管人员违规责任)依照本条例规定对非银行支付机构进行处罚的,根据具体情形,可以同时对负有直接责任的董事、监事、高级管理人员和其他人员给予警告,并处5万元以上50万元以下罚款。

非银行支付机构违反本条例规定,情节严重的,对负有直接责任的董事、监事和高级管理人员,中国人民银行可以禁止其在一定期限内担任或者终身禁止其担任非银行支付机构的董事、监事或高级管理人员。

第七十一条(人民银行违规责任)中国人民银行及其分支机构的工作人员有下列情形之一的,依法给予行政处分;构成犯罪的,依法追究刑事责任:

(一)违反规定审查批准非银行支付机构的设立申请、变更、终止等事项的;

(二)泄露知悉的国家秘密、商业秘密或者个人隐私的;

(三)滥用职权、玩忽职守的其他行为。

第六章 附则

第七十二条(支付信息服务机构备案要求)设立支付信息服务机构,应当自市场监督管理部门登记之日起30日内向中国支付清算协会办理备案,备案具体要求由中国支付清算协会另行规定。

本条例所称支付信息服务机构,是指为用户提供其所持有的一个或者多个银行账户或者支付账户的信息查询服务或者电子支付指令信息转接服务的机构。

第七十三条(支付信息服务机构监管要求)中国支付清算协会应当依法履行对支付信息服务机构的监督管理职责,建立健全支付信息服务机构动态评级管理机制、行业风险信息共享机制、从业人员信息登记和诚信档案管理机制、市场退出机制。

支付信息服务机构公司治理、用户身份识别与管理、账户访问与存储方式、资料保存、协议签署、信息收集、使用与处理、电子支付指令转接、技术和安全标准、创新业务、重大事项管理、公平竞争等方面的监督管理要求,参照本条例关于非银行支付机构的相关规定执行。

第七十四条(过渡期安排)本条例施行前已获得支付业务许可证的非银行支付机构,应当在本条例施行之日起1年内达到本条例规定的条件。 If the conditions stipulated in these regulations are not met within the time limit, the People’s Bank of China shall suspend its business in accordance with the principle of prudential supervision; if it refuses to stop its business or has other serious circumstances, the People’s Bank of China shall revoke its payment business license.

第七十五条(施行日期)本条例自 年 月 日起施行。

辑|程鹏 肖勇

校对|何小桃

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