Small Payment System Pledge Business Main Agreement
Article 1 in order to safeguard the rights and interests of all parties concerned in the small payment system, the parties' rights and obligations are clearly defined. 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 the agreement in accordance with the principles of voluntariness, consultation and mutual benefit.
The second one is Party A, which is referred to in this Agreement as the people's Bank of China.
The third is 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 bond quality. The minimum amount of mortgage and the minimum period for repayment of hypothecated products are defined in accordance with the "management measures".
Fourth, the two sides jointly entrust the central government bond registration and Settlement Company Limited (hereinafter referred to as Central Clearing Corp) to handle the small payment system pledge business through the pledge business system, and abide by the relevant business operation rules formulated by Central Clearing Corp.
The fifth micro 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 two sides based on this agreement, through the pledge business system to handle the increase of collateral, reduction, replacement, pledge amount distribution and recovery records as a proof of the micro payment system pledge business.
The business time of the seventh pledge business system is the business hours of the Central Clearing Corp's bond system. 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.
The ninth pledge amount is calculated as follows: pledge amount = value /100 * 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 will 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 through the client of the bond system, when the designated optional pledge is in full, the Central Clearing Corp will process the bond pledge according to the instructions of Party B, and calculate the amount of pledge according to the bond pledge rate. When the designated optional collateral is not available, the Central Clearing Corp will not increase the amount of the pledge.
The 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 amount of pledge, the Central Clearing Corp would not handle the pledge reduction.
Fourteenth after Party B issues the pledge replacement instruction through the client of the bond system, when the amount of the pledge of the replacement bond is greater than or equal to the amount of the pledge of the swap, the Central Clearing Corp applies the replacement of the bonds according to the instructions of Party B, mortgages the exchanged bonds, and carries out the debentures for the debentures, and the difference between the amount of pledge and the amount of the bonds transferred into the bonds shall be included in Party B's failure. The amount of pledge is allocated; when the pledge amount of the swap is less than the pledge amount of the swap, the Central Clearing Corp will not handle the pledge replacement.
Fifteenth Party B shall handle or reduce the amount of the hypothecation of the hypothecation bond before the transfer date (inclusive).
The sixteenth pledge bonds are frozen in the bond account of Party B, and the parties shall not use the hypothecation bond until the bond is dissolved.
After the Seventeenth Party receives the pledge amount from Party A's pledge bonds, it can allocate or recover the amount of the pledge.
Eighteenth Party B shall submit the pledge amount allocation or recovery instructions through the client of the bond system.
Nineteenth Central Clearing Corp in the payment system national processing center set up a special client for the party's bond system. 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, and provide guarantee for the liquidation of its net petty cash netting funds.
Twenty-second Party B may withdraw the allocated amount of pledge within the net debit limit of its own and its branches.
Article 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.
The 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 a special client of the first party's bond system fails in the system, equipment or communication and fails to handle the pledge business normally, the Central Clearing Corp can activate the bond system emergency handling function to handle the pledge business in accordance with the written authorization of Party A.
Twenty-sixth, when the client system of the party's bond system fails, such as system, equipment or communication, and fails to handle the pledge business normally, Party B shall, in accordance with the relevant requirements of the Central Clearing Corp emergency disposal plan, activate the emergency handling function of the bond system to handle the pledge business.
Twenty-seventh in the process of carrying out the pledge amount business, Party A's business personnel mistake the notice of returning the quota change to the bond system by manual entry. The business personnel of Party A should notify the Central Clearing Corp in writing in time, and the Central Clearing Corp is responsible for informing the Party B 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 transfer, it may not reduce or replace the part of the extended unresolved bond after the transfer date.
On the day of the bond payment, the Central Clearing Corp automatically pays the party's extended uncommitted bonds, and cashing funds for deposit and processing. The pledge amount of Party B remains unchanged and can still be used normally.
Twenty-ninth Party B bond payment funds are deposited by the Central Clearing Corp, which may apply to Party A 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 transfer 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. Party B accepts and approves the qualifications of its members.
2. Party B has the right to cancel the qualification of the small payment system pledge business for many times or serious violation of the "management measures" and this agreement.
3., we should determine the types of optional collateral, the rate of pledge of bonds, the minimum period of payment for hypothecated products, and the minimum amount of hypothecation of bonds.
4. when Party B has a credit risk, Party A has the right to entrust Central Clearing Corp with the disposal of the goods in order to repay the net amount of petty cash transfers.
(two) obligations of Party A
1. Party B shall accept the allocation or recovery instructions of the pledge amount that has been submitted by Party B in accordance with the relevant business conditions, and adjust the net debit limit of the Party B and its affiliates in the payment system accordingly, and return the processing result to Party B in time.
2. check the payment data of the payment system and the bond system after the end of each business day.
3. when confirming that Party B does not have credit risk, Party B will notify Central Clearing Corp in advance of the deposit of the bonds that have been deposited to Party B in accordance with Party B's written application.
4. responsible for maintaining the normal operation of the payment system.
Thirty-first Party B's rights and obligations
(1) Party B's rights
1. in accordance with the "management measures" and related provisions, apply to Party A for the qualification of members, and voluntarily apply to Party A for termination of membership.
2. in compliance with the provisions of the "management measures" and the provisions of this agreement, the right to pledge bonds to the party to obtain the amount of pledge; self allocation, use or recovery of the amount of pledge;
3., in compliance with the provisions of the "management measures" and the provisions of this agreement, it has the right to independently handle bond cancellation or replacement business.
4. inquire about the collateral information and collateral information of the bank.
(two) obligations of Party B
1. the application materials for membership qualifications provided to Party A shall be authentic, accurate and complete.
2. pledge business should be in line with " Management measures "This Agreement and the relevant business regulations of Central Clearing Corp;
3. the pawns used for handling the pledge business shall meet the relevant conditions of the optional pledge specified by Party A.
4. when giving pledge business, party a must provide Party A with full pledge and the amount of pledge shall not be allotment.
5., hypothecation shall be carried out or replaced by the pledge of a hypothecate bond before the date of transfer.
6. pay in time according to the prescribed charging standard. Pledge business Related expenses;
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 should strictly handle the small amount payment system pledge business according to the "management measures" and the agreement. Any party who fails to fulfill the obligations of the party constitutes a breach of contract.
Thirty-third, any party's breach of contract will lead to the failure to handle the business of increasing, reducing, replacing, and distributing the amount of pledge, and the loss of the collateral or the third party. The violating party shall be liable for breach of contract and compensate for the loss.
After the thirty-fourth breach occurs, the two parties should first settle the dispute through consultation, and if the negotiation fails, either party may bring a suit in the people's court.
Thirty-fifth accidents due to force majeure and other unforeseeable and reasonably controlled accidents due to power supply obstacles, communication barriers, and other unforeseen events, which cause the system to be unable to function properly, and the two parties shall not be liable for breach of contract. However, all failures and rescue measures should be eliminated in time, and the corresponding risk losses shall be borne according to the extent of force majeure and accidents. 。
This Agreement Force majeure It refers to the external factors such as earthquakes, floods, fires and other natural disasters that human beings can not foresee and resist, as well as political factors such as wars, strikes, disturbances and so on.
The thirty-sixth party may sign a supplementary agreement without violating this Agreement and shall be a party to the agreement as a subsidiary agreement of this agreement. 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.
The thirty-eighth article is effective from the date of signing.
Party A (seal):
Legal representative
Or authorized agents:
This is the year of the year.
Party B (Gai Zhang):
Legal representative
Or authorized agents:
This is the year of the year.
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