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I.General Provisions
1. The Central Bank of China (hereafter referred to as "the Bank") has
prescribed these Directions for the purpose of governing electronic
interbank fund transfers and settlements.
2. The term "Interbank funds" as referred to in these Directions shall
mean deposits in the following accounts opened at the Department of
Banking of the Bank:
(1)Bank funds-Type I reserve accounts
(2)Other financial industry funds
Funds in internal operating accounts opened at the Department of
Banking by the Bank's various units will be deemed "interbank funds"
as referred to in the preceding Paragraph.
3. The term "Electronic interbank fund transfers and settlements
operations" as referred to in these Directions shall mean the use of the
"Central Bank Interbank Fund Transfers and Settlements System"
(hereafter referred to as "Central Bank Interbank Funds System")
established by a computer connection between the Bank and the
following institutions approved by the Bank in order to carry out
transfers and settlements of funds:
(1) Financial institutions
(2)Check clearing institutions
(3)Electronic payment clearing institutions (hereafter referred to as "
Clearing Institutions")
4. The term "Clearance" as referred to in these Directions shall mean the
process of transmitting and processing payment instructions between
financial institutions and calculating the resulting net-credit or net debit
positions.
5. The term "Settlement" as referred to in these Directions shall mean the
procedures by which the Bank credits or debits designated accounts to
eliminate the debtor/creditor relationship, based on net-credit or net debit
positions as per payment instructions between financial
institutions.
Settlements may be effected by means of one of the two following
methods:
(1)Real-time gross settlement: payment instructions will be effected
in real time and gross in the order they are received.
(2)Deferred net settlement: payment instructions will first be offset
against each other and performed at designated times based on the
resulting net-credit and net-debit positions.
6. The term "Electronic Payment System" as referred to in these
Directions shall mean the system for carrying out electronic payment
and clearance between financial institutions.
7. The term "Online institutions" as referred to in these Directions shall
mean institutions performing operations online through the "Central
Bank Interbank Funds System" referred to under Direction 3.
8. The term "Transferor bank" as referred to in these Directions shall
mean an institution making an outward transfer of interbank funds; "
transferee bank" shall mean an institution receiving an inward transfer
of interbank funds.
9. Interbank funds account balances fall into the following two
categories:
(1)Book balance: refers to the resulting book amount after a
transaction has been executed and completed; if the book balance
is negative, it indicates intraday overdraft.
(2)Available balance: refers to the total of book balance plus intraday
overdraft granted by the Bank.
The term "intraday overdraft" as referred to in the preceding
Paragraph shall mean advances that the Bank provides to interbank
funds accounts of financial institutions during daily business hours in
accordance with the "Directions for the Conduct of Intraday
Overdrafts of the Central Bank of China;" the term "intraday overdraft
limit" refers to the intraday overdrafts credit that the Bank grants to a
financial institution as per application in accordance with the said
Directions.
10.The term "queuing mechanism" as referred to in these Directions
shall mean an operating mechanism, in case the available balance of
a financial institution is insufficient to cover the payment specified in
payment instructions, through which the Bank may base on the nature
of transactions to assign them a class of priority and place them in the
queue for processing, where they will be executed in order as soon as
the available balance becomes sufficient for the deduction of
payment.
11.Units participating in the Clearing Institution Electronic Payment
System (hereafter referred to as "Participant Entities") shall be limited
to the following institutions:
(1) Financial institutions required to deposit reserves under the
Central Bank of China Act.
(2)Other financial institutions or government bodies as approved
by the Bank.
12.Interbank fund transfer transactions fall into the two following
categories:
(1)Real-time transfer: refers to a transaction that shall be executed
immediately at the time it is received.
(2)Designated - time transfer: refers to a transaction that is held
pending acceptance and shall be executed at the designated time.
The designated-time transfer as refrred to in the preceding Paragraph
shall mean a transaction that the transferor bank may initiate a
payment instruction to be executed on any business day within six
months following the initiating date.
13.Interbank funds settlement operations refer to the following
operations:
(1) Payments of negotiable instruments.
(2) Settlements of net-debit and net-credit positions from the
exchange of bills.
(3) Settlements of net-debit and net-credit positions through
other payment systems.
14.The interbank funds inquiry services shall allow online institutions to
inquire about transaction details, account balances and other related
information at any time during business hours.
15.Real-time transfers of interbank funds and encashments for negotiable
instruments presented shall be executed only if the available balance
at an account is sufficient for payment.
16.Online institutions shall use the "Central Bank Interbank Funds
System" in accordance with the relevant Directions of the Bank.
Ⅱ.Application and Management
Section 1: Financial institutions
17.Financial institutions participating in the "Central Bank Interbank
Funds System" shall first submit by mail two copies of the "
Application for Participation in the Central Bank Interbank Fund
transfers and Settlements System" (Form 1) to the Department of
Banking of the Bank.
18.After the Bank has issued a letter of approval, the institution shall
proceed with the following preparatory measures:
(1)Designation of staff responsible for an operation plan.
(2)Drafting a schedule for the implementation of the online operation
plan.
(3) Preparation of hardware and software for online operations as per
Information Management Office of the Bank specifications.
(4)Application to arrange online operation tests in accordance with
testing plan outlined by the Information Management Office of the
Bank.
(5)Consultation with the Information Management Office of the Bank
on other matters relating to the establishment of online
connections.
19.A financial institution shall become an online institution when the
Information Management Office of the Bank has confirmed the
completion of error-free tests; the Department of Banking of the Bank
will notify the official date for the commencement of operations.
The Department of Banking of the Bank will notify all other online
Institutions when an institution becomes a new online institution in
accordance with the preceding Paragraph.
20.An online institution shall appoint the following employees to carry
out the matters set forth in these Directions:
(1)One operation director and one deputy operation director,
responsible for the arrangement of internal matters, security
control and connections with the Bank.
(2)Two to eight authorized transmission staffs, responsible for the
verification and transmission of various fund transfers and
corrections, as well as deposit, pledge, and cancellation of
collateral.
(3)A certain number of data entry personnel, responsible for entering
fund transfer data, corrections, and information for inquiries.
No personnel may concurrently serve in both authorized transmission
and data entry positions, nor may personnel in either of the former two
positions undertake security control.
21.An online institution shall submit the title, name, service unit,
telephone number, and sample seal impression of the designated
operation director and the deputy operation director referred to in
Direction 20 in writing to the Department of Banking of the Bank; the
same procedure shall be followed at the time of any change in the
above positions.
The operation director referred to in the preceding Paragraph shall be
issued a user ID and an initial password by the Department of Banking
of the Bank, for the exclusive purpose of canceling the registrations of
authorized transmission personnel. The operations director shall
himself/herself transfer the user ID and password when a new
operation director assumes the position.
22.An online institution shall compile and submit the titles, names, and
service units of all authorized transmission personnel referred to in
Direction 20 to the Bank in writing to apply for the issuance of an
individual user ID and initial password for each; the said user ID and
password shall be cancelled when an authorization is revoked.
Authorized transmission personnel issued with individual user ID and
password as specified in the preceding Paragraph shall access the "
update user password" field at an online institutions' workstation to
change their passwords.
User IDs and passwords issued for applications submitted by
Wednesday of each week shall become valid the following Monday;
for applications submitted by Friday of each week, the user IDs and
passwords will become valid the following Thursday.
Cancellations of user IDs and passwords for authorized transmission
personnel shall be carried out by the online institution operation
director by accessing the "cancel authorized transmission personnel"
field on the operation director's workstation.
23.In carrying out the procedures regulated under these Directions, all
online institutions shall establish rigorous security control and
instruction manuals in order to prevent abuse.
Section 2: Clearing Institutions
24.A Clearing Institution applying to the Bank to handle settlement shall
prepare a letter with the following documents attached for the Bank's
approval:
(1)A license or document showing the competent authority's approval
for establishment.
(2)The institution's articles of organization.
(3)The institution's operating rules.
(4)A description of its electronic payment system (including
computer hardware and software, network structure, security
control, and disaster preparedness facilities.
(5)A commitment to abide by these Directions and other relevant
provisions.
Applications shall be rejected for failure to submit any of the
documents listed in the preceding Paragraph or information required
therein; applications shall also be rejected where the supplementation
of the aforementioned documents or information is possible but not
made within a specified time period.
25.The operating rules referred to under Subparagraph 3, Paragraph 1,
Direction 24, shall include the following:
(1) Standards for the review and acceptance of Participant Entities.
(2)The rights and obligations existing between Participant Entities
and between Participant Entities and Clearing Institutions.
(3) Items of business and operating hours.
(4) Settlement methods, times, and operational flows.
(5)Risk management measures for payment and settlement.
(6) Procedures for dealing with errors or negligence in the
transmission of payment information.
(7)Disaster preparedness measures.
(8)Other matters related to information exchange between financial
institutions.
26.The Bank may withhold approval when a Clearing Institution
applying to handle settlement lacks any of the following
qualifications:
(1) Sound and effective operating rules.
(2)Transparency in information sufficient to allow Participant Entities
to understand related risks and responsibilities.
(3)Clear risk management procedures.
(4)An system designed to ensure the smooth completion of each day's
settlement procedures.
(5) Fair and open standards for participation.
(6) Security and back up measures to ensure the stability of operations.
27.The risk management procedures of a Clearing Institution applying to
the Bank to employ deferred net settlement procedures shall include
the following:
(1)Risk limit: including the establishment of a bilateral credit limit
between Participant Entities and maximum net-debit limit for each
Participant Entity.
(2)Risk collateral: including the standardization of guarantees or
collateral items to be deposited by Participant Entities and a
mechanism for shared distribution or liability for loss.
(3) Follow-up procedures: including procedures for the completion of
clearance after the occurrence of the risk event and for sharing any
loss.
28.A Clearing Institution may apply to use the "Central Bank Interbank
Funds System" for the following payment transactions, with real-time
gross settlement carried out by the Bank:
(1) Electronic fund transfers for transactions above a specified
amount.
(2) Settlement of funds in relation to delivery-versus-payment
arrangements in securities transactions.
The specific amount for transactions referred to in Subparagraph 1,
preceding Paragraph shall be separately prescribed by the Bank.
29.A Clearing Institution shall notify the Bank of any addition to,
deletion of, or change in the business items it handles; in addition, the
Bank shall also be notified when there is a change in any item
included in the submissions required under Direction 24.
30.A Clearing Institution shall conscientiously apply a sound system of
internal controls and auditing with respect to electronic payments
between financial institutions, and shall attend to improving the
assessment of employees' ethical standards.
31.A Clearing Institution shall provide information online as required by
the Bank; the Clearing Institution shall also prepare statistical
statements on a regular basis for submission to the Bank.
32.The Bank may, whenever necessary, dispatch personnel to inspect
electronic payment operations at a Clearing Institution; the Clearing
Institution shall offer its cooperation during such inspections.
33.A Participant Entity shall open a deposit account at the Bank or an
agent bank designated by the Bank for settlement.
34.A Participant Entity shall seek to enhance the maintenance and
management of computer and information facilities in order to ensure
the smooth operation of the system; the Participant Entity shall also
adopt concrete and effective safety and back up measures in order to
avoid affecting the rights and interests of clients due to system
breakdowns or service interruptions.
35.A Participant Entity providing electronic payment services between
financial institutions may not violate the relevant consumer protection
regulations.
36.Where the conduct of a Participant Entity violates these Directions or
the operating rules of a Clearing Institution, resulting in the hindrance
to the smooth operation of the electronic payment system, a Clearing
Institution may take the necessary measures as warranted by the
particulars of the Participant Entity's violation.
A Clearing Institution shall clearly set forth the measures referred to
in the preceding Paragraph in the relevant agreement between it and
the Participant Entity.
37.Where a Clearing Institution's conduct is in violation of these
Directions or where the Bank determines that other matters have
hindered the smooth operation of the electronic payment system, the
Bank may, as warranted by the particulars of the situation, terminate
or suspend for a given period the provision of settlement services or
take other appropriate measures.
Ⅲ.Interbank Fund transfers
38.The transferor bank shall initiate the transfer information, with each
transaction order to include the user ID and password of the
authorized transmission personnel, the transferor bank account, the
time of the transfer (real-time or designated-time transfer), the
transferee bank account, the transfer amount, the date of transfer and
the type of transaction. Upon the receipt of the information, and once
the Bank has verified the password and that the authorized
transmission personnel user ID is tallied, the order will be executed as
instructed therein; otherwise it shall be returned.
Where a transfer has been effected in accordance with the provisions
of the preceding Paragraph, an online institution may offer no
opposition to the transfer on the grounds that the transmission
personnel were not those originally authorized, that others assumed
their role under pretense, or for any other reason.
39.The Bank may, if necessary, stipulate a minimum amount for each
interbank fund transfer.
40.Once a real-time transfer transaction is accepted by the Bank, the
account transfer will be executed immediately and irrevocably if the
available balance of the transferor bank is sufficient for payment.
After the execution, the Bank will simultaneously inform both parties
of the transaction as well as record the resulting book balance.
However, if the available balance of the transferor bank is insufficient
for payment, the said transaction shall be alternatively processed
through the queuing mechanism.
41.Once a transaction is accepted by the Bank, if the available balance of
the transferor bank is insufficient for payment, the Bank shall assign
one of the following classes of priority to the said transaction based
on its nature, and process it through the queuing mechanism:
(1) First class: Funds payable by the financial institution to the Bank.
(2) Second class: Negotiable instruments for clearing payable by a
financial Institution, the net amount payable for negotiable
instrument cleared by the clearing house, or the fund appropriated
to the "interbank fund transfers guaranty special account" by the
financial institution.
(3) Third class: Funds for designated-time transfers to repay due
interbank call loans.
(4) Fourth class: Fund transfers between financial institutions as well
as other payments.
42.Payment orders of the same priority stated in Direction 41 shall be
executed based on the principle of first-in-first-out. However, if the
available balance is insufficient to cover payments for payment
instructions of high priority, the Bank may first execute the payment
instructions of a lower priority, and after completing all payment
instructions of the same priority in order, then process payment
instructions of the next priority.
In case a transferor bank intends to revoke a real-time transfer
transaction in queue, or discovers an error in the payment instruction,
it may initiate an instruction for revocation.
43.For transactions processed in accordance with the preceding two
Directions, if the available balance is still insufficient for payment
towards the cutoff time of the queuing mechanism, all payment orders
remaining in the queue shall be immediately revoked, and the Bank
shall simultaneously notify both parties to the transaction; among the
cancelled orders, the negotiable instruments for clearing and the net
amount payable for negotiable instruments clearing for first class and
second class shall be processed in accordance with pertinent
directions of this Bank.
For those transfer transactions revoked as stated in the preceding
Paragraph, the Bank may issue a "Certificate of Transfer Transaction
Revoked due to Insufficient Funds" as per transferee bank's
application.
44.The designated-time transfer instruction shall include the transfer date
on which the transfer will be executed. The Bank shall inform both
parties of the transaction in advance upon receiving the instruction,
and place it in file. The transfer shall be executed and posted to the
related account at 1:30 in the afternoon on the designated transfer
date; if there is insufficient fund to cover payment of a designated time
transfer transaction, it shall be processed through the queuing
mechanism.
If the designated transfer date is not a business day, the execution of
the transaction shall be deferred to the next business day.
45.If a transferor bank intends to revoke a designated-time transfer
transaction or discovers an error in the content of the instruction, it
may negotiate with the transferee bank for initiating an instruction for
revocation either on the transmission date or the designated transfer
date.
Where the transferee bank in the preceding Paragraph is an offline
institution, it may fill out a "Letter of Authorization for the
Revocation of Interbank Fund transfer Transaction" (Format 2) to
entrust the Department of Banking of the Bank to revoke the
instruction on its behalf.
46.If an offline institution sends its staff bearing negotiable instruments
to the Bank to process fund transfers, in all cases the transfers will be
processed on a real-time basis. However, if the available balance of
the transferor bank is insufficient for payment, it will not be placed in
queue and the negotiable instrument will be returned on the spot. The
staff sent to conduct the transfer shall wait for the processing result
before they leave.
47.In order to avoid the delay of processing payment instructions, the
Bank may set up criteria to require the financial institutions to ensure
that a certain proportion of their outgoing payments are processed
before a specified time each day.
48.Any payment or receipt of funds between an online institution and the
Bank's relevant unit arising out of the online institution's open market
securities trading, rediscounting transactions, bond or treasury bill
trading, foreign exchange transactions or other operations shall be
handled according to the following provisions, and a statement of the
payments or receipts of funds and the account balance after
transaction settlement shall be provided to the online institutions:
(1) For payments due to the Bank from an online institution, except
where the relevant laws and regulations stipulate payment through
the issuance of a note with the Bank as payer, the System User may
use the "Central Bank Interbank Funds System" to transfer funds
from its online institution account to a designated Central Bank
account or have a deduction made from its own account by the
Bank in accordance with prior agreement.
(2) For payments due to an online institution from the Bank, the Bank
shall transfer the funds into the online institution's account.
49.Where a transferor bank transmits fund transfer information and fails
to receive a return confirmation from the Bank for an inordinate
amount of time, it shall trace the transaction, and where the
transaction order has not been successfully
transmitted, the online institution shall retransmit the information.
Ⅳ.Interbank Fund Settlements
Section 1: Electronic payment and settlement
50.Prior to the stipulated time for settlement, a clearing institution shall
notify each participant entity of the net-credit or net-debit positions
for verification, and then transmit the same to the Bank or the agent
bank designated by the Bank for the execution of settlements.
In executing settlements as referred to in the preceding Paragraph, all
participant entities with net-debit positions shall supplement those net
settlement positions, after which the Bank or the agent bank
designated by the Bank will transfer net-credit positions into their
accounts.
Where the balance in the settlement account of a participant entity is
insufficient to effect payment of amounts payable, the clearing
institution shall be responsible for notifying the participant entity to
make up the short fall. The stipulated time for settlement referred to in
Paragraph 1 shall be separately prescribed by the Bank.
51.Where a participant entity is unable to perform the settlement of debt
at the stipulated settlement time, the clearing institution shall perform
a supplementary settlement to complete settlement procedures within
the time stipulated by the Bank as per Subparagraph 4, Direction 26
herein.
Neither the Bank nor its designated agent banks shall bear liability for
the compensation of any loss resulting from the inability to complete
daily settlement on time due to the participant entity's delay in the
settlement of net-debit positions.
Section 2: Negotiable instruments clearing and settlement
52.Where the available balance of an "interbank funds account" is
insufficient to cover the payment for negotiable instruments presented
for clearing, the Bank shall process the transaction through the
queuing mechanism and simultaneously notify the online institution
that issued the said negotiable instruments. The online institution is
required to immediately make up the difference upon receiving the
notification.
For dishonored negotiable instruments, if sufficient funds are not
replenished by 3:30 in the afternoon, they shall be returned in
accordance with pertinent rules.
53.For daily negotiable instrument clearing and settlement, financial
institutions shall immediately replenish sufficient funds for payment
upon receiving an advance notification of their balance payable. The
Bank begins to process negotiable instrument clearing and settlement
at 3:00 in the afternoon.
The settlement procedure stated in the preceding Paragraph requires
that all financial institutions with a balance payable make up their
balance payable. After the deduction has been completed, the Bank
then posts balances receivable to their accounts.
Ⅴ.Accounting Information Inquiries
54.No further receipts shall be issued for any remittances into interbank
funds deposit accounts following the issuance of a notification
through the Central Bank Interbank Funds System.
55.Where during the course of operations an online institution has any
doubt about the Bank's notices of remittance or payments into or out
of interbank funds accounts, it may verify the transaction in question
by inspecting an itemized transaction record.
Where an error is discovered through an attempted verification of
remittance or payment notices as per the preceding Paragraph, the
relevant personnel of the Bank shall be notified immediately and the
matter handled in accordance with the relevant regulations.
56.An online institution shall print out a closing ledger after each daily
closing of accounts, and shall verify each transaction individually.
Where discrepancies are found, the System User shall immediately
notify the Department of Banking of the Bank and jointly track the
discrepancy. Where no opposition is offered within three business
days beginning from the day after the transaction date, the transaction
will be considered confirmed, except for those handled in accordance
with the provisions of Direction 59 or 60 herein.
Ⅵ.Handling of Breakdowns
57.Where there is a breakdown or interruption to connections in the
Bank's central server system resulting in the inability to carry out
online procedures, the Bank may, after the restoration of service,
consider extending the normal period of operations in view of the
length of the interruption and business conditions.
58.Where the computer equipment of an online institution breaks down
or connections are interrupted, the user shall notify the Information
Management Office of the Bank and joining work out a solution. The
online institution may not immediately resume use of the Central
Bank Interbank Funds System for transfers of funds, but shall dispatch
personnel to the Bank to carry out transfers in person.
59.When a breakdown of the Central Bank Interbank Funds System or an
error by operation personnel results in interbank fund transfers at
variance with the original receipts, the Bank will effect correction in
accordance with the relevant accounting regulations. The Bank shall
not be liable for any resulting influence on or adjustment of deposit
reserves.
60.When an interbank fund transfer initiated by a transferor bank is at
variance with the original receipts, the transferor bank shall notify and
make arrangements with the transferee bank to make correction by a
reverse transfer or to make adjustments through other means. The
transferee bank shall act in good faith to resolve the situation on the
day it receives the notification.
61.Where a transferor bank fails to discover a transaction error as set
forth in Direction 60 on the date of the transaction and correction is
made at a later date, and where delay is disadvantageous to the
transferee bank, it may request the transferor bank to pay interest from
the date of the transaction until the date of correction for the amount
receivable pending payment during that time or for any
underpayment. The transferor bank shall not be liable for any other
damages.
The payment of interest as per the preceding Paragraph, except as
stipulated by a previous agreement between the parties to a transfer,
shall be calculated at the weighted average of the interbank call loan
rate for the number of days the payment was delayed.
Ⅶ.Fees
62.Consideration may be given to collecting processing or service fees
for interbank fund transfers and settlements, with fee rates to be
determined separately.
The fees referred to in the preceding Paragraph shall be totaled once a
month, with the Bank making collection through deductions from
interbank funds deposit accounts or paid by check from online
institutions.
Ⅷ、Operation Schedules
63.The Central Bank Interbank Funds System shall be in operation from
8:30 a.m. until 6:20 p.m.. Scheduling of various transactions shall be
in accordance with the "Interbank Funds Transfer and Settlement
System Daily Operations Flow Chart" (Appendix).
Ⅸ、Transitional Provisions
64.Where prior to the amendment of these Directions, if a clearing
institution has used the "Central Bank Interbank Funds System" for
interbank funds settlement or used its Electronic Payment System in
a manner not conforming to these Directions, it shall make
rectification or adjustments within the time limit set by the Bank.
﹝Remarks:These Directions are made in Chinese which shall prevail in
case of any discrepancy between the English translation and
the Chinese original.﹞ |