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Notice of China Banking Regulatory Commission on the Relevant Matters concerning the Disposal of Claims and Debts in the Restructuring of a Branch of a Foreign Bank into a Bank Solely Funded by its Head Office
[Expired]
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中国银监会关于外国银行分行改制为由其总行单独出资设立的外商独资银行处理债权债务有关事宜的通知
[失效]
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【法宝引证码】
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Notice of China Banking Regulatory Commission on the Relevant Matters concerning the Disposal of Claims and Debts in the Restructuring of a Branch of a Foreign Bank into a Bank Solely Funded by its Head Office
(No. 17 [2007] of China Banking Regulatory Commission, February 14, 2007)
The local offices of China Banking Regulatory Commission (CBRC) in Beijing, Shanghai and Shenzhen:
In accordance with the Regulation of the People's Republic China on the Administration of Foreign-funded Banks, with the approval of the CBRC, a branch of a foreign bank may be restructured into a bank solely funded by its head office. To ensure the smooth completion of the restructuring of branches of foreign banks and maximally protect the right to know and right of choice of the parties to the relevant contract, you are hereby notified of the following matters on the disposal of claims and debts during the restructuring of branches of foreign banks:
| | 中国银监会关于外国银行分行改制为由其总行单独出资设立的外商独资银行处理债权债务有关事宜的通知
（银监发〔2007〕17号 2007年2月14日）
北京、上海、深圳银监局：
根据《中华人民共和国外资银行管理条例》的规定，经中国银监会批准，外国银行分行可以改制为由其总行单独出资设立的外商独资银行。为使外国银行分行改制工作便利快捷完成，同时最大限度地保障合同当事人的知情权和选择权，现将外国银行分行改制过程中处理债权债务有关事宜通知如下：
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I. For all the debts of the former branch of a foreign bank which applies for restructuring, the head office thereof shall promise to be liable jointly and severally.
| | 一、对申请改制的原外国银行分行发生的各项债务，其总行承诺承担连带责任。
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II. The restructuring of a branch of a foreign bank into a wholly foreign-funded bank will cause the modification of the parties to the contract signed by the former branch of the foreign bank. According to the provisions of the Contract Law, where the creditor assigns its rights, it shall notify the debtor; and where the debtor transfers its obligations, it shall obtain the consent of the creditor. The bank shall notify its large creditors one by one and obtain their approval; and may notify other parties to the relevant contract by a public announcement.
．．．．．． | | 二、外国银行分行改制为外商独资银行，属于原外国银行分行所订立合同的主体变更。按照《合同法》的规定，债权人转让权利的，应当通知债务人；债务人转移义务的，应当经债权人同意。对银行的大债权人客户，应当采取逐一通知并征得其同意的方式；对其他合同当事人，可以采取公告通知的方式。
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