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Principal Agreement For Pledge Business Of Small Payment System

2014/2/16 13:37:00 32

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Small Payment System Pledge Business Agreement

1, in order to safeguard the rights and interests of all parties involved in the pledge business of the petty payment system, clarify the rights and obligations of all parties, and in accordance with the relevant laws and regulations of the Interim Measures for the management of the pledge business of the small payment system (hereinafter referred to as the "administrative measures"), Party A and B jointly sign this Agreement on the basis of the principles of voluntariness, consultation and mutual benefit. 
 second the first party referred to in this agreement is the people's Bank of China. 
 Third the small payment system pledge business referred to in this agreement, the modern payment system of China (hereinafter referred to as the payment system), the central bond comprehensive business system (hereinafter referred to as the bond system), the small payment system pledge business system (hereinafter referred to as the pledge business system), the member bank, the member bank branch, the optional pledge, the pledge amount, the pledge rate of the bond, the minimum amount of the pledge of the bond, and the shortest period for the pledge are all defined according to the "management measures". 
 Fourth, the two sides jointly entrust the central government bond registration and settlement Co., Ltd. (hereinafter referred to as Central Clearing Corp) to handle the pledge business of the small payment system through the pledge business system, and abide by the relevant business operation rules formulated by the Central Clearing Corp. 
 fifth small payment system pledge business is handled through the pledge business system. Party B can obtain a pledge amount from Party A's pledge bonds through the pledge business system, and assign the pledge amount to the net debits limit to assign itself and its branches to provide the party a guarantee for liquidating the net amount of the net payment of the petty payment system. 
 sixth the records of the pledge increase, reduction, replacement, the allocation and recovery of the amount of the pledge handled by the pledge business system according to this Agreement are the evidences for the pledge business of the small payment system. 
The business acceptance time of seventh pledge business system is the business hours of the bond system operated by Central Clearing Corp. Party B shall complete the pledge business instructions before Party B's business day before 12:00, and Party A and Central Clearing Corp are responsible for completing the processing until the end of the day. Party A and Central Clearing Corp shall be responsible for processing the pledge business instructions submitted by Party B at 12:00 after each business day at 12:00 before the next business day. 
 Eighth Party B shall handle the pledge business within the scope of the designated pledge products designated by Party A. Alternative pledge mainly includes treasury bonds, central bank bills, policy financial bonds and other securities recognized by Party A. 
 ninth pledge amount is calculated as follows: pledge amount = /100 value * bond denomination * bond pledge rate. 
 tenth Party B agrees that Party A shall reasonably determine the rate of pledge of bonds according to the type, duration and other factors of the optional collateral. 
 Eleventh Party B shall submit to the Central Clearing Corp a pledge increase, reduction or replacement instruction through the client of the bond system. 
 twelfth after Party B issues a pledge increase order after the client of the bond system is issued, when the designated optional pledge is in full, the Central Clearing Corp will process the bond pledge according to the instructions of Party B, calculate the amount of the pledge according to the bond pledge rate, and place the amount in the unallocated pledge amount of Party B; when the designated alternative pledge is not sufficient, the Central Clearing Corp will not increase the amount of the pledge. 
 unallocated pledge amount refers to the amount of pledge that Party B has not yet allocated. 
 thirteenth after Party B issued the order of hypothecation reduction through the client of the bond system, when the Party B did not allocate the full amount of the pledge, the Central Clearing Corp could handle the bond cancellation according to the instructions of Party B, and reduce the unallocated pledge amount of Party B. When the Party B did not allocate the quality pledge amount, the Central Clearing Corp would not handle the pledge reduction. 
 fourteenth Party B, after issuing the pledge replacement instruction under the "a href=" http://www.91se91.com/news/index_c.asp "bond system < /a > client, when the amount of the pledge of the replacement bonds is greater than or equal to the pledge amount of the swap bonds, the Central Clearing Corp will process the replacement of the bonds according to the instructions of the Party B, pledge the exchanged bonds, swap the bonds, and place the difference between the pledge amount of the bonds exchanged and the swap bonds into the unallocated pledge amount of Party B; when the pledge amount of the replacement bonds is less than the pledge amount of the swap bonds, the Central Clearing Corp will not handle the pledge replacement. 
 fifteenth, Party B shall handle or reduce the business of the hypothecation of the hypothecation bond before the spanfer date (inclusive). 
 sixteenth hypothecation bonds are frozen in the bond account of Party B, and the parties shall not use the hypothecation bond until the bond is dissolved. 
 seventeenth, B can obtain the pledge amount of party a pledge bonds, and it can allocate or recover the amount of pledge. 
 eighteenth Party B shall submit the pledge amount allocation or recovery instruction through the client of the bond system. 
 nineteenth Central Clearing Corp set up a special client system for the first party of the bond system in the payment system national processing center. Party A can import the payment system to deal with the client's distribution of the collateral amount or the recovery instruction in the form of magnetic medium. After the payment system increases or decreases the net debit limit of the relevant direct participants according to the instruction information, Party A will return the processing result to the bond system by means of magnetic media or manual confirmation. Party B receives the notification of processing result through the client of the bond system. 
 twentieth Party B may allocate the amount of pledge to its own branches and its branches within the undistributed pledge amount of the bank. 
 twenty-first Party A shall increase the net debit limit of each institution in the payment system according to the amount of pledge allocated by Party B to its own branches and its branches, so as to provide guarantee for the liquidation of its net small liquidation fund. 
 twenty-second Party B may withdraw the allocated amount of pledge within the net debit limit of its own and its branches. 
 twenty-third, Party A shall reduce the net debit limit of Party B itself and its branches according to the amount of pledge granted by Party B. 
 twenty-fourth Party A and B and Central Clearing Corp should ensure that the data exchange is safe, accurate, timely and complete by means of authority control, log management and encryption management. 
 twenty-fifth when the client system of a party's bond system fails, such as system, equipment or communication, fails to handle the pledge business normally, the Central Clearing Corp can activate the emergency handling function of the bond system to handle the pledge business in accordance with the written authorization of Party A. 
 twenty-sixth when Party B's bond system client fails to handle the business of collateral, such as system, equipment or communication, Party B shall, in accordance with the relevant requirements of Central Clearing Corp's emergency disposal plan, activate the emergency handling function of the bond system to handle the pledge business. 
 twenty-seventh in the process of handling the amount of pledge business, Party A's business personnel have made mistakes in returning the quota change notice to the bond system by manual entry. Party A's business personnel should inform the Central Clearing Corp in writing on time. The Central Clearing Corp is responsible for informing the B Party to re submit the original amount limit management instruction. 
 twenty-eighth if Party B fails to take the initiative to deal with the hypothecation or replacement of the hypothecation of a hypothecation bond before the date of spanfer, it may not reduce or replace the part of the extended unresolved bond after the spanfer date. 
 on the day of bond payment, the Central Clearing Corp automatically pays the party's extended uncommitted bonds, and cashing funds for deposit and processing. Party B's pledge amount remains unchanged and can still be used normally. 
 twenty-ninth, if the bond payment funds of Party B are deposited by the Central Clearing Corp, Party A may apply to the party for the payment of funds and the relevant written materials. After examining and agreeing with Party A, Party A will inform the Central Clearing Corp to deduct the corresponding amount of pledge from the unallocated amount of the Party B, and spanfer the cash that has been deposited to Party B after the deduction is successful. 
 thirtieth Party A's rights and obligations 
 (a) Party A's rights 
 1. accepts Party B's application and approves the qualification of its members; 
 2., when Party B repeatedly or seriously violates the "management measures" and this agreement, it has the right to cancel its qualification for handling the small payment system pledge business; 
 3. to determine the types of alternative pledge, bond pledge rate, the minimum period of pending pledge, and the minimum amount of bond pledge; 
 4. when Party B has a credit risk, Party A has the right to entrust the Central Clearing Corp with the disposal of the goods in order to repay the net amount of petty difference. 
 (two) Party A obligation .
 1., Party B accepts the pledge allocation or recovery instructions that are submitted to Party B in accordance with the relevant business conditions, and adjusts the net debit limit of the Party B and its affiliates in the payment system accordingly, and returns the processing results to Party B in a timely manner; 
 2. after the end of each business day, check the payment data of the payment system and the bond system; 
 3. when confirming that Party B does not have any credit risk, Party B shall promptly notify the Central Clearing Corp to spanfer the cash payment bond to Party B according to the written application of Party B; 
 4. is responsible for maintaining the normal operation of the payment system. 
 thirty-first Party B's rights and obligations 
 (1) the rights of Party B 
 1., in accordance with the "management measures" and related provisions, apply to Party A for the qualification of members; apply voluntarily to Party A for termination of membership; and 
 2., in conformity with the "management measures" and the provisions of this agreement, it has the right to pledge bonds to Party A to obtain the amount of pledge; allocate and use or recover the amount of pledge independently; 
 3., in accordance with the "management measures" and the provisions of this agreement, it has the right to independently handle bond cancellation or replacement business; 
 4. inquires the relevant information of < a href= "http://www.91se91.com/news/index_c.asp > > pledge" /a > and pledge amount. 
 (two) Party B's obligations 
 1. the application materials for membership qualifications provided to Party A shall be true, accurate and complete; 
 2., the pledge business shall conform to the "management measures", the provisions of this Agreement and the relevant business regulations of the Central Clearing Corp; 
 3. the pledge for the pledge business shall be in conformity with the relevant conditions specified by Party A for the pledge. 
 4. when providing pledge business, Party A shall provide Party A with sufficient pledge and the amount of pledge shall not be allotment; 
 5., the pledge shall be reduced or replaced by the pledge of a hypothecate bond before the spanfer date (inclusive). If the pledge is not seasonable or replaced, the party shall submit the explanatory material to Party A voluntarily; 
 6. in accordance with the prescribed < a href= "http://www.91se91.com/news/index_c.asp > > charging standard < /a > on time to pay the relevant expenses for the business of pledge business; 
 7. if Party B voluntarily applies for termination of membership or is cancelled by Party A, the full amount of pledge shall be recovered within the time limit stipulated by Party A. 
 thirty-second, the two sides shall strictly handle the small amount payment system pledge business in strict accordance with the "management measures" and this agreement, and any party fails to perform the obligations of the party constitutes a breach of contract. 
 thirty-third, as a result of any party's breach of contract, the business of pledge increase, reduction, replacement, pledge amount allocation and recovery can not be properly handled, and the loss to the contract keeping Party or the third party shall be borne. The breaching party shall bear the liability for breach of contract and compensate for the loss. 
After the occurrence of a breach of article p > thirty-fourth, the two parties shall first negotiate and resolve the matter, and if the negotiation fails, either party may bring a suit in the people's court. 
 thirty-fifth due to force majeure and other unexpected events which are unforeseeable and within reasonable limits due to power supply obstacles and communication spanmission obstacles, the system can not operate normally, and the two sides are not liable for breach of contract. However, all failures and remedial measures should be eliminated in time, and the corresponding risk loss will be borne according to the extent of force majeure and accident. 
The force majeure of this agreement refers to the external factors that human beings can not foresee and resist, including natural disasters such as earthquakes, floods, fires, and political factors such as wars, strikes, disturbances, and so on. P 
 thirty-sixth, the two parties may sign a supplementary agreement without violating this agreement, and shall be a subsidiary agreement of this agreement, which shall be observed by both parties. Supplementary agreements shall comply with national laws and regulations and shall not conflict with this agreement. 
 thirty-seventh when Party B voluntarily applies for termination of membership or when Party A cancels the qualification of members, this Agreement shall terminate, but both parties shall continue to fulfil their obligations under this agreement. 
 thirty-eighth, this Agreement shall come into force on the date of signing. 
 Party A (seal): "/p".
 legal representative, .
"P" or authorized agent.
P.
 Party B (Gai Zhang): /p.
 legal representative, .
"P" or authorized agent.
"P", "/p".