Which authorities in China can legally inquire about bank cards in the name of an entity or an individual?

Since bank deposits involve privacy and inviolability of property rights, neither individual deposits nor units can inquire about bank deposits in the name of others without legal authorization.

Which authorities in China can legally inquire about bank cards in the name of an entity or an individual?

In our daily life, one of the most basic common sense is that bank card account information belongs to the privacy of enterprises or individuals, and other organizations and individuals cannot inquire about bank deposits in other people’s names. Since bank deposits involve privacy and inviolability of property rights, no matter it is a personal deposit or a unit, it is not possible to inquire bank deposits in the name of others without legal authorization.

However, some authorities are authorized by law to inquire about the bank card information and deposits in the name of others.

In principle, a unit or an individual has no right to inquire about bank deposits in the name of other units or individuals

Article 29(2) of the Commercial Bank Law states.

“For individual savings deposits, commercial banks have the right to refuse any unit or individual inquiries, freezing, or withholding, except as otherwise provided by law.”

Article 30 of the Commercial Bank Law stipulates.

“For unit deposits, commercial banks have the right to refuse any unit or individual inquiry, except as otherwise provided by law or administrative regulations; and the right to refuse any unit or individual freezing or withholding, except as otherwise provided by law.”

Therefore, in addition to the inquiry unit deposits can be provided by laws and administrative regulations, other circumstances can only be provided by law.

Second, which authorities can inquire about bank deposits in the name of the unit or individual in accordance with the law

Query refers to the authority in accordance with the provisions of relevant laws or administrative regulations, requiring banks to inform the amount, currency and other deposit information of the object of the inquiry to the authority.

1-6、Public security organs, people’s procuratorates, state security organs, military defense departments, the Chinese Maritime Police Bureau, prisons

Criminal Procedure Law

Article 144 provides: “The people’s procuratorates and public security organs, in accordance with the needs of the investigation of crime, may inquire and freeze the deposits, remittances, bonds, stocks, shares of funds and other property of criminal suspects in accordance with the provisions. Relevant units and individuals shall cooperate. The criminal suspect’s deposits, remittances, bonds, stocks, fund shares and other property has been frozen, shall not be repeatedly frozen.”

Article 4 provides that “the state security organs in accordance with the provisions of the law, handling criminal cases endangering national security, exercise the same powers and responsibilities as the public security organs.”

Article 308 provides that “the military security departments to exercise the right to investigate criminal cases occurring within the military. China Marine Police Bureau to perform maritime rights defense and law enforcement duties, the exercise of investigative powers for criminal cases occurring at sea. The investigation of cases of crimes committed by criminals in prisons is carried out by prisons. Military defense departments, the Chinese Maritime Police Bureau, prisons for criminal cases, the relevant provisions of this Law shall apply.”

Article 52 of the Anti-Terrorism Law provides that “the public security organs to investigate suspected terrorist activities, with the approval of the head of the public security organs at or above the county level, may inquire into the suspected person’s deposits, remittances, bonds, stocks, shares of funds and other property, and may take measures to seize, sequester, freeze. Seizure, seizure, freezing period shall not exceed two months, the situation is complex, can be extended by one month with the approval of the head of the public security organs at a higher level.”

7, the People’s Court

(1) civil cases.

Article 100(1) of the Civil Procedure Law provides that “the people’s court may, on the application of the other party, rule on the preservation of its property, order it to do certain acts or prohibit it from doing certain acts, in cases where it may be difficult to enforce the judgment or cause other damages to the party due to the acts of one of the parties or for other reasons; the party has not made an application The people’s court may also rule to take measures of preservation when necessary.”

Article 242 provides: “If the executee fails to fulfill the obligations determined by the legal documents in accordance with the execution notice, the people’s court has the right to inquire into the property of the executee such as deposits, bonds, stocks and shares of funds from the relevant units. The people’s court has the right to seize, freeze, allocate and realize the property of the executee according to different circumstances. The people’s court shall not inquire, seize, freeze, allocate or realise property beyond the scope of the obligations that the executee shall fulfill. The people’s court decides to seize, freeze, allocate and realise property, shall make a ruling and issue a notice of assistance in execution, which must be handled by the relevant units.”

(2) Criminal cases.

Article 102 of the Criminal Procedure Law provides that “The people’s court may, when necessary, take preservation measures to seize, attach or freeze the defendant’s property ……”

Article 437 of the Interpretation of the Supreme People’s Court on the Application of the stipulates that “The people’s court shall properly keep the property involved in the case and its fruits and interests seized, seized or frozen, and make a list and attach it to the file for inspection; the physical objects transferred with the case by the people’s procuratorate shall be properly kept after verification according to the list. No unit or individual may not be misappropriated or disposed of by themselves. …… frozen deposits, remittances, bonds, stocks, fund shares and other property, should be registered and write down the number, type, face value, number of sheets, amount, etc.”

  1. Customs

Article 6 of the Customs Law provides that “the Customs may exercise the following powers: …… (e) in the investigation of smuggling cases, with the approval of the Commissioner of Customs directly under the Customs or its authorized subordinate Customs Commissioner, may inquire into the case suspected units and suspected persons in financial institutions, postal enterprises, deposits, remittances. “

Customs Inspection Regulations,” Article XIV: “Customs inspection, you can exercise the following powers: …… (d) approved by the Commissioner of Customs directly under the Customs or its authorized subordinate customs officers, inquire about the person under investigation in commercial banks or other financial institutions deposit accounts. “

9, tax authorities

Article 54 of the Tax Collection and Administration Law provides that: “The taxation authorities shall have the right to conduct the following tax inspections: … (f) with the approval of the director of the taxation bureau (branch) above the county level, with the national uniform format of the inspection of deposit account license to inquire into the production and operation of taxpayers, withholding agents in banks or other financial institutions of the deposit Account. When investigating tax violation cases, the taxation authorities, with the approval of the director of the taxation bureau (branch) of the municipality or autonomous prefecture or above, may inquire into the savings deposits of the persons suspected in the case. The information obtained by the tax authorities inquiring shall not be used for purposes other than taxation.”

10, the audit authority

Audit Law, Article 33: “When conducting an audit, the auditing authority has the right to investigate relevant issues on audit matters with the relevant units and individuals and obtain relevant supporting materials.”

Article 30 of the Regulations for the Implementation of the Audit Law: “The audit authority in accordance with Article 33 of the Audit Law to inquire into the accounts of the audited unit in financial institutions, shall hold a notice issued by the head of the audit authority of the people’s government at or above the county level to assist in the inquiry of the unit’s account; inquire into the deposits of the audited unit in the name of individuals in financial institutions, shall hold an audit of the people’s government at or above the county level The main person in charge of the organ issued to assist inquiring about personal deposits notice. Relevant financial institutions should be assisted and provide supporting materials, audit institutions and auditors have the obligation of confidentiality.”

11, the supervisory organs

Administrative Supervision Law, Article 21: “Supervisory organs in the investigation of corruption, bribery, misappropriation of public funds and other violations of administrative discipline, with the approval of the leaders of the supervisory organs at or above the county level, may inquire into the case of suspected units and suspected personnel in the bank or other financial institutions of the deposit; if necessary, can request the people’s court to take measures to preserve, freeze the suspected personnel in accordance with the law In the bank or other financial institutions of the deposit.”

12, securities supervision and management organs

Article 168 of the Securities Law provides that “the securities regulatory and administrative authorities under the State Council, in the performance of their duties in accordance with law, shall have the right to take the following measures: to inquire into the capital accounts and securities accounts of the parties involved and the units and individuals related to the incident under investigation.”

Article 52 of the Regulations on the Administration of Futures Transactions provides that “The futures regulatory authority under the State Council shall have the right to inquire into the margin accounts and bank accounts of the units related to the incident under investigation.”

13, Anti-Money Laundering Administrative Authorities

Article 25 of the AML Law: “If further verification is required during the investigation, with the approval of the competent anti-money laundering administrative department under the State Council or the head of its provincial dispatching agency, it may access and copy the account information, transaction records and other relevant information of the subject under investigation; documents and information that may be transferred, hidden, tampered with or destroyed may be sealed. “

Article 26: “After investigation still can not exclude the suspicion of money laundering, should immediately report to the investigative authorities with jurisdiction. If the customer requests that the funds in the account involved in the investigation be transferred outside the country, temporary freezing measures may be taken with the approval of the head of the administrative department of the State Council in charge of anti-money laundering.”

14, Finance Department

Article 32 of the Accounting Law provides that “…… When major suspicions of violations are found, the financial department under the State Council and its dispatching agencies may inquire about the situation with the units that have economic business transactions with the supervised unit and the financial institutions where the supervised unit opens an account, and the units and financial institutions concerned shall give support .”

Article 22 of the Regulations on Penalties and Punishments for Fiscal Violations provides that “the financial department, the audit authority, the supervisory authority to conduct investigations or inspections in accordance with the law, …… can inquire from the financial institutions to investigate and inspect the deposits of the unit, the relevant units and financial institutions shall cooperate. “

15, disciplinary inspection organs

The Regulations of the Communist Party of China Disciplinary Inspection Organs Case Inspection Work, Article 28, provides that “all organizations and individuals who know the circumstances of the case have the obligation to provide evidence. The investigation team has the right to take the following measures to investigate and collect evidence in accordance with the prescribed procedures, and the organizations and individuals concerned must provide evidence truthfully and must not refuse or obstruct. …… (g) with the approval of the head of the discipline inspection organ at or above the county level (including the county level), may check the deposits of the subject of investigation in banks or other financial institutions, and may notify the banks or other financial institutions to suspend the payment of …… “.

  1. Lawyers with court investigation orders

At present, the courts around the world have issued relevant provisions to clarify that lawyers holding investigation orders issued by the court can go to financial institutions to retrieve information on depositors’ deposits. However, in the course of practice, individual banks will refuse to cooperate in providing depositors’ information.

17、Special cases of personal inquiries about other people’s bank deposits

(1) Inquiries about bank deposits of deceased relatives

Article 1 of the Notice of the Ministry of Justice and the China Banking Regulatory Commission on matters such as inquiring about deposits in the name of the decedent during the process of notarization of inheritance provides that “the heir whose identity is confirmed by the notary examination may inquire about the deposit information of the depositor as the decedent in various banking financial institutions with the “Deposit Inquiry Letter” issued by the notary. “

Article 4 of the Notice of the General Office of the CBRC and the General Office of the People’s Bank of China on Matters Relating to the Simplified Withdrawal of Small Deposits of Deceased Depositors provides that “the spouse, children and parents of a deceased depositor for the withdrawal of small deposits of a deceased depositor shall submit the following materials to the banking financial institution where the deposit is located ……”

(2) Inquiries about the housing provident fund unit

Article 36 of the Housing Provident Fund Management Regulations stipulates that “Employees and units have the right to inquire about their own and their units’ housing provident fund contributions and withdrawals, and the housing provident fund management center and entrusted banks shall not refuse.”

Third, the inquiry should perform strict procedures

Regardless of which department, inquiries, freezing, and withholding measures on bank deposits need to fulfill strict procedures and be carried out by law enforcement officers of competent authorities.

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