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China And Hong Kong Sign Banking Regulation MOU

by Mary Swire, Tax-News.com, Hong Kong

27 August 2003

The Hong Kong Monetary Authority (HKMA) and the China Banking Regulatory Commission (CBRC) have signed a Memorandum of Understanding aimed at strengthening supervision of banks operating on both sides of the border.

HKMA operates in effect as Hong Kong's Central Bank, while the CBRC was formed last April to to take over banking supervisory responsibility from the People's Bank of China. The 15-department CBRC says its major responsibilities include "formulating supervisory rules and regulations for banking institutions, (and) authorizing the establishment, changes, termination, branching out and business scope of banking institutions.'' It is also responsible for dealing with problem deposit-taking institutions.

The MOU calls for the two regulators to share supervisory information for banks operating in China and Hong Kong and they will work together to ensure that a parent bank exercises "adequate and effective" control over the operations of cross-border branches and subsidiaries. They will also meet formally twice a year.

The HKMA said that the signing of the MOU was part of an ongoing effort to strengthen bilateral co-operation with banking regulators in other jurisdictions, as prescribed by the Bank for International Settlement's Basel Committee.

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