The Banking Regulatory Commission on the evaluation of directors ' duties in commercial banks

BEIJING, December 27 (Xinhua) The CBRC issued a "evaluation method for the Directors of Commercial banks (for trial Implementation)" (hereinafter referred to as "measures"), the CBRC related departments responsible for answering the reporter questions.　　1. Why does the CBRC make a dispatch to standardize the performance of the directors of commercial banks? A: Along with the reform of the banking industry, most of the commercial bank's corporate governance structure has been established, the "shape" of the work has been completed, our supervision gradually shifted to the "God" of the construction, that is, urging commercial banks to improve the effectiveness of corporate governance. As a key subject in the corporate governance of commercial banks, whether directors can give full play to their initiative and effectiveness will directly affect the effectiveness of corporate governance of commercial banks. In recent years, the supervision practice tells us that the performance of board directors will directly affect the function of boards.　　In order to promote the effective function of the Board of directors to the corporate governance, I will decide to make the relevant regulations in time and strengthen the supervision and evaluation of the bank directors from the angle of supervision, which will help standardize the selection process of the bank directors, enhance the ability of the directors and improve the scientific decision-making of the Board　　2. How will the implementation of the approach contribute to the strengthening of prudential regulation? A: First, it helps to improve the Board's initiative to implement regulatory requirements and to improve the actual execution of regulatory requirements.　　Through the implementation of the "method", we can urge the directors of commercial banks to carry out the supervision intention actively and to keep in line with the supervision departments on the major issues of capital management, business strategy and risk management. Second is to help enrich I will oversee the toolbox. At present, the main means of supervision of bank Directors is access restrictions. I will take into account the qualifications and experience of the directors to be employed by commercial banks and approve their qualifications. However, the simple entrance check can not fully ensure the effective duty of directors, but also need to establish effective process supervision and the corresponding exit or elimination mechanism to form a sound regulatory chain and system.　　The measures have been properly explored in these aspects, and some breakthroughs have been achieved, further enriching our supervision means to the Commercial Bank directors.　　3. What principles is the main basis for determining the elements of evaluation of directors? A: At present, domestic and foreign regulatory measures, the Director of the performance of the regulations are more general, lack of easy to measure evaluation criteria. In the process of formulating this method, we draw lessons from international practice, determine director's responsibility from two levels of faithfulness and diligence, and mainly follow the following principles in the determination of evaluation elements: the principle of basic requirement. The purpose of the "method" is not to improve the performance, but to consider whether the bank directors have the basic skills and experience of their duties, and whether their duties are in compliance and effective. Therefore, in the selection of evaluation elements, we focus on the selection of basic elements, are the directors in the job should be the minimum requirements.　　There is no good or good category in the classification of evaluation results, and the highest is competence. The principle of individual performance of directors is highlighted. In the process of formulation, we focus on the distinction between the Director of individual, directorThe relationship between the three subjects of the executive layer. The Board of Directors is a collective decision-making body, implementing the decision-making principle of the minority obeying majority, we cannot use the final resolution of the Board of Directors to assess the personal duty level of the Director. Executive level is the executive of Board decision, director as trustee, take part in decision-making and guarding responsibility, but he is not a direct operator, we can not simply use the state of the banking business to measure the level of directors.　　According to this principle, in the process of drafting the method, all the clauses are chosen and expressed as the subject of individual directors, as far as possible to stipulate the responsibility of individual directors. The principles that focus on the decision-making capacity of major issues. The basic duties of directors are combed from two aspects of fidelity and diligence, but our provisions on directors ' duties are not limited to this. In the second chapter, we clearly stipulate that directors should pay more attention to the problems of bank strategy, risk management, capital Management, major foreign investment, salary system and so on, when the directors of some commercial banks do not take active part in the decision-making of some major issues and make a free rider in the collective decision-making of the board.　　The directors ' performance in these aspects is included in the assessment factors, urging the directors to perform their duties actively and playing their due role in the major decision-making process of the bank.　　4. How will the evaluation of directors be conducted in the approach?　　A: Commercial banks shall formulate evaluation rules on their own basis and organize evaluation work, take measures according to evaluation results, and supervise departments to assume the responsibilities of the latter. It should be pointed out that, on the basis of insisting on the self evaluation of commercial banks, the "method" emphasizes the function of the Board of Supervisors, requires the Board of Supervisors to put the last pass on the evaluation of directors, and informs the shareholders ' meeting and the Board of Directors. This provision is designed to give full play to the internal oversight role of banks.　　At present, in the corporate governance of commercial banks, the supervision function of the Board of Supervisors is not enough, and the implementation of the method will promote the supervision function of the Bank Board of Supervisors actively.　　5. Why does the approach require commercial banks to adopt a method of classifying evaluation? A: At present, the directors of domestic commercial banks can be divided into three categories: Executive Director, Non-executive Director (usually also referred to as equity director) and independent director, these three types of directors in the process of the role of the different, the process also has a focus. For example, the Executive Director is a combination of senior management and board of directors, not only the decision of the board of Directors, but also the executive of the Board resolution, should focus on the performance of the board to the true and complete reporting of the operation of the responsibility; non-executive directors should strengthen the information communication between shareholders To coordinate the interests of shareholders and banks to play a greater role in the Independent director is to strengthen the independence of the process, pay attention to the interests of small and medium shareholders and depositors.　　In view of this, we in the "method" in accordance with the three categories of directors of the different characteristics of the assessment of different evaluation factors.　　6. How will the results of directors ' evaluations be used? A: According to the "method" requirements, the commercial bank determines the director of the Year's evaluation results, the Board of Supervisors shall pass the evaluation resultsReport to the general meeting and the Board of Directors, and inform the director himself to make recommendations or deal with comments according to the evaluation results.　　The directors and the Board of Supervisors who are rated as the basic competent shall organize meetings to propose to the directors themselves for a period of improvement; The Board shall organize training to help the directors improve their performance; The commercial banks shall be replaced in a timely manner when they are rated as incompetent directors.　　After the commercial bank will report the evaluation result to the CBRC, I will each supervision department will input the evaluation result into the Bank director, the Executive Personnel Management Information System, for the next guidance Commercial Bank director admittance, the establishment bank director expert storehouse completes the information reserve.　　7. What bodies are included in the application of the scheme?　　A: The measures shall apply to commercial banks established in the PRC and other banking financial institutions for reference.　　8. What further follow-up work will be undertaken by the CBRC after the implementation of the scheme? A: After the implementation of the measures, I will supervise all levels of the commercial banks will be urged to combine their own actual situation to establish the Director of the evaluation of the implementation of the rules, improve the director's track record system, clear the evaluation of various departments, the relevant evaluation system reported to the regulatory departments after the implementation. At the same time, I will pay close attention to all types of banks to explore and implement the evaluation rules, to sum up experience and lessons, to explore the establishment of supervisors and senior management evaluation methods.