Engaged in the issuance, transfer and related activities of membership cards within the territory of China, must abide by these measures.
The People's Bank of China is responsible for approving the issuance of membership cards and managing the issuance, transfer and related activities of membership cards in conjunction with the administrative department for industry and commerce according to law.
Article 2 The term "membership card" as mentioned in these Measures refers to the direct consumption voucher of the member's consumption right determined by the contract between the card issuer and the member. The membership card can't pay dividends, nor can it repay the principal and interest; It can be transferred, pledged or inherited according to law.
Article 3 Card issuers refer to enterprise legal persons that issue membership cards with the approval of the People's Bank of China.
Members are natural persons who buy membership cards.
Membership cards should be issued at registered face value, and the sales target is only individuals.
Article 4 Sales membership cards shall be examined and approved according to the following authorities:
(1) If the total sales amount exceeds RMB 654.38+million, it shall be approved by the head office of China People's Bank;
(2) If the total sales amount does not exceed RMB 654.38+million, it shall be examined and approved by the tier-one branch of the People's Bank of China and reported to the Head Office for the record.
Article 5 An institution applying for issuing membership cards shall meet the following conditions:
(1) Having the qualification of an enterprise legal person;
(2) The business items involved in the membership card are mainly high-consumption sports such as golf clubs;
(3) The facilities and conditions for providing services to members meet the standards for opening business;
(four) the total net assets of not less than 50 million yuan;
(5) The ratio of fixed assets to total assets at the time of application shall not be less than 50%;
(six) the issuer's property rights are clear, and the financial accounts are true, clear and complete;
(seven) no record of illegal or major violations;
(8) Other conditions as required by the People's Bank of China.
Article 6 The total income from issuing membership cards shall not exceed the total net assets of the enterprise.
Article 7 An enterprise applying for issuing a membership card shall submit the following materials to the People's Bank of China: (1) an application report; (2) A copy of the Business License of Enterprise as a Legal Person signed and sealed by the registration authority;
(three) the use plan of the funds raised by the sales membership card;
(four) introduce the consumption items and consumption patterns;
(five) the project approval of the relevant government departments (except those exempted from project approval);
(six) the resume of the issuer's senior management personnel and a copy of their ID cards;
(7) The latest financial statements of the issuer.
(eight) the agreement between the issuer and the member;
(9) Instructions on the issuance of the membership card; (10) membership card sample; (eleven) legal opinions issued by the law firm;
(twelve) other documents and certificates required by the examination and approval authority.
After approval by the People's Bank of China, the above materials shall be reported to the State Administration for Industry and Commerce for the record.
Article 8 An agreement signed between an issuer and a member shall specify the following items:
(1) The name, domicile, brief introduction, responsible person and resume, contact telephone number and postal code of the issuer;
(2) the organizational structure of the issuer.
(3) The registered capital and financial status of the issuer;
(4) The business scope and mode of operation of the issuer;
(five) the total amount, type, quantity and face value of each membership card issued in this period;
(six) the use plan of the funds raised by issuing the membership card;
(7) membership management system, including the rights and obligations of card issuers and members, the management mode of membership cards, the organizational form of members' participation in management, the fund management of membership cards, the transfer and inheritance of membership, and the payment of annual fees, etc. ;
(eight) other matters required by the examination and approval authority.
The issuer shall keep the agreement between the issuer and its members at its main business place for reference at any time throughout the business year.
When amending the agreement between the issuer and the members, the rights of the members stipulated in the original agreement shall not be excluded or restricted.
Amendments to the agreement between the issuer and its members must be reported to the examination and approval authority for approval, and all members shall be notified within ten days from the date of approval.
If the amendment of the agreement between the issuer and the member violates the provisions of paragraphs 3 and 4 of this article, the amended agreement shall be invalid.
Article 9 Issuers and members shall exercise their rights and perform their obligations in accordance with the Consumer Protection Law and other laws and regulations.
Article 10 Before issuing the membership card, the issuer shall announce the issuance instructions of the membership card to the subscribers, and ensure the integrity and authenticity of the information provided.
In addition to the contents stipulated in the membership agreement, the prospectus of the membership card shall also include the following contents:
(a) the purpose of issuing membership cards;
(2) The time, total amount, type, quantity and face value of each membership card issued before this period;
(3) the mode of issuance and the target of issuance;
(4) Membership qualifications and procedures;
(five) the date of the issuance of this membership card; (6) sample membership card; (7) A summary of the legal opinions;
(eight) other matters required by the examination and approval authority.
Article 11 A membership card shall contain the following contents:
The front of the membership card should indicate:
(a) the name and logo of the membership card; (2) membership card number; (3) Date of issuance of the membership card;
(4) the face value of the membership card;
(5) Name of the membership card manufacturer.
The back of the membership card should indicate:
(a) the approval number and date of the membership card examination and approval authority;
(2) The name, seal, place of registration and signature of the legal representative of the issuer;
(3) The name, nationality and ID number of the cardholder.