TATEMENT

OF CHINA CONSTRUCTION BANK (EUROPE) S.A.

OPERATING IN POLAND THROUGH A BRANCH

 

1. China Construction Bank (Europe) S.A. (the “Bank”) is a credit institution established on the basis of a permit issued by the competent regulatory authorities of the Grand Duchy of Luxembourg – the Supervision Commission over the Financial Sector (French: Commission de Surveillance du Secteur Financier) (the “CSSF”), with its registered office in Luxembourg at: Boulevard Royal 1, L-2449 Luxembourg. The Bank is entered into the Register of Commerce and capital of EUR 200,000,000 fully paid-up. In Poland the Bank conducts its operations through a branch – China Construction Bank (Europe) S.A. (Joint Stock Company) Branch in Poland (the “Branch”). The CSSF is the competent supervisory authority the activities of the Branch other than from the point of view of article 141a of the Act of 29 August 1997 Banking Law.
2. On 6 December 2016 the Polish Financial Supervision Authority issued decision No. DLB/DLB_WL1/7060/4/3/2016/KZ on the conditions for engaging in business activity by the Bank in the Republic of Poland in the form of the Branch, which is attached to this document.
3. The operations of the Bank are based on:

• The Luxembourg Commercial Companies Code of 10 August 2015,
• CONSTITUTION De SOCIETE No.341/13 DU 14 FEVRIER 2013 (The Article of Association of 14 February 2013).

4. The Branch keep customers’ funds on the customer’s account at the China Construction Bank Corporation Luxembourg Branch, which as a financial institution is supervised by CSSF and covered by FGDL guarantee of deposits, and have adopted safeguards for protection of financial means in line with Luxembourg laws and regulations (notably Law on financial sector) .
5. The Branch does not provide cash desk services, all payments are performed only in a form of bank transfers between the customer’s bank accounts. The rules for the payment of funds on demand or at a specified future date are defined within the terms indicated in the agreement concluded with the customer or in the Information sheet which may be an attachment to the agreement, both available at the registered office of the Branch.
6. The Branch is based in Warsaw, at the address: ul. Emilii Plater 53, 00-113 Warsaw, and was entered in the register of entrepreneurs of the National Court Register by the District Court for the capital city of Warsaw, XII Business Division, under number 0000652527.
7. A customer may contact the Branch:

• By mail at the address: ul. Emilii Plater 53, 00-113 Warsaw,
• Directly at the registered office address indicated above, 15^th floor,
• By phone: (48) 22 166 66 66,
• By fax: (48) 22 166 66 00.

The Branch is open from Monday to Friday from 9 a.m. – 5 p.m.

8. The institution that guarantees the deposits of the Bank’s customers is the Deposit Guarantee Fund in Luxembourg (French: Fonds de Garantie des Depots Luxembourg) (“FGDL”).

• Headquarters address: 283, route d’Arlon, L-1150 Luxembourg
• Postal address: L-2860 Luxembourg
• Telephone: (+352)26 25 1-1
• E-mail address: info@.fgdl.lu
• Fax: (+352)26 25 1-2601
• Website address: fgdl.lu

9. Deposits are guaranteed for each depositor (natural and legal persons) to a maximum amount of EUR 100,000 per depositor per credit institution, irrespective of the currency in which they are denominated and their location in the European Union. All deposits held by one depositor in the same credit institution are added together. In case of joint accounts, the limit of EUR 100,000 applies to each depositor.
10. The FGDL will pay deposits to covered depositors within seven days of determination by the CSSF that the credit institution, for reasons which are directly related to its financial circumstances, is unable to repay the deposits and has no current prospects of being able to do so or upon an order by the district court in Luxembourg to suspend payments or wind up the credit institution, for reasons which are directly related to the credit institution’s financial circumstances. The amounts due are repaid without a prior request to the FGDL. The repayment is made via bank transfer to the bank account of the depositor’s choice after the depositors gave the banking data for the transfer of the repayable amount. The repayment is made in euro (however repayment will be made at the exchange rate of the European Central Bank published in the Official Journal of the European Union at the date of the determination or the ruling of the unavailability of deposits).
11. Depositors whose deposits were not repaid or acknowledged by the FGDL have ten years following the date of the determination or decision referred to in point 9 above to claim the repayment of their deposits.
12. Correspondence between the FGDL and the depositor shall be in an official language of the EU institutions used by the member institution holding the covered deposits when communicating in writing with the depositor or in one of the official languages of Luxembourg.
13. Within the Branch activities, the Bank stores and processes information constituting bank secrets under the provisions of the Polish Banking Law and the relevant regulations of Luxembourg law (Law on financial sector, Penal Code) regarding the protection and principles of sharing information at the Branch and the headquarters of the Bank in Luxembourg.
14. In connection with the provision of banking services in Poland, the Bank shall, at the request of the customer, inform the customer of the legal regulations concerning the activities of the Bank and the Branch, as well as the manner in which access may be obtained to these regulations and the code of good practice that it is subject to. The above mentioned regulations and codes are available at the Branch.
15. The Bank makes available to public the contents of the financial statements of the Bank in Polish promptly after their approval, as well as information on regulatory proceedings taken against the Bank in the area subject to disclosure. The information is available at the registered office of the Branch.
16. Any civil-law claims regarding any agreements signed are subject to the jurisdiction of the Polish courts on the same terms as the agreements concluded by domestic banks.
17. The Branch is the administrator of personal data and the provision of such data is based on customer consent. The data are processed for the purposes of business activity, offer preparation and the preparation and implementation of agreements. Every person providing data has the right to access that data and to make corrections thereto.

Attachments:

1. Decision DLB/DLB_WL1/7060/4/3/2016/KZ of the Polish Financial Supervision Authority dated December 6, 2016

 

I declare that I have acquainted myself with Statement of China Construction Bank (Europe) S.A. operating in Poland through a Branch and the content of the Polish Financial Supervision Authority Decision DLB/DLB_WL1/7060/4/3/2016/KZ dated December 6, 2016.

 

Date:

Place:     Warsaw

Customer Name (name and surname of the representative):

Customer signature:

 

I declare that the customer’s signature was filed in my presence and attest to the identity of the customer.

Date:

Place:     Warsaw

Employee name and surname:

Employee signature: