(1) The country or region where the applicant is located has perfect laws and regulations on financial supervision and management;
(2) The applicant is a financial institution approved by the financial regulatory authority of the country or region where it is located to engage in securities business;
(3) The applicant has operated legally in the past three years, with good reputation and continuous profits. Article 6 To apply for the establishment of a representative office, the applicant shall submit the following documents:
(1) An application signed by the chairman or general manager to the chairman of the China Securities Regulatory Commission;
(2) The business license (photocopy) or legal business commencement certificate issued by the relevant competent authorities in the country or region where it is located;
(3) Articles of association;
(4) List of members of the board of directors or major partners;
(5) Annual reports for the last three years;
(six) the approval letter or other relevant documents of the regulatory authorities of the host country or region to set up a representative office in China;
(seven) other documents required by the China Securities Regulatory Commission.
Except for the circumstances listed in the fifth paragraph of this article, all documents written in foreign languages must be accompanied by Chinese translations; The Business License or Business Certificate must be notarized by a notary public recognized by the country or region where it is located, or certified by the Chinese embassy or consulate in that country or region. Article 7 The applicant shall submit the application documents to the dispatched office of China Securities Regulatory Commission where the proposed representative office is located, and the dispatched office of China Securities Regulatory Commission shall submit the application documents to China Securities Regulatory Commission for examination and approval after preliminary examination. Article 8 After the application for establishing a representative office is examined and approved by the China Securities Regulatory Commission, the China Securities Regulatory Commission will issue a formal application form to the applicant; The applicant shall fill in the formal application form within 2 months from the date of receipt of the formal application form, and submit the following documents to the China Securities Regulatory Commission:
(a) the identity certificate, education certificate and resume of the chief representative to be appointed;
(2) the power of attorney of the chief representative signed by the chairman or general manager.
Documents required to be submitted in this article, which are written in a foreign language, must be accompanied by a Chinese translation.
If the applicant fails to receive a formal application form within 6 months from the date of submitting the application materials for the establishment of a representative office, his application will not be accepted. Article 9 A foreign securities institution that has established three or more representative offices in China may apply for the establishment of a general representative office; The application procedures and management of the general representative office are the same as those of the representative office. Article 10 The names of representative offices shall be written in the following order: the names of foreign securities institutions, their cities and representative offices, and the names of general representative offices shall be written in the following order: the names of foreign securities institutions and the names of general representative offices in China. Article 11 The principal responsible person of a representative office is called "chief representative", the other responsible persons are called "representatives" and "deputy representatives", the principal responsible person of a general representative office is called "general representative" and the other responsible persons are called "representatives" and "deputy representatives".
As the general representative and chief representative of the representative office, he should be familiar with the laws and regulations on financial management in China, with good quality and no bad records.
As the general representative of a representative office, he should have been engaged in financial work for more than 65,438+00 years, and engaged in China business for more than 2 years in the last 5 years; As the chief representative of a representative office, he shall have more than 5 years of financial work or related work experience; The employment of China citizens as the chief representative and general representative of the representative office shall comply with the relevant laws, regulations and rules of People's Republic of China (PRC). Article 12 The general representative or chief representative of a representative office shall be submitted to the China Securities Regulatory Commission for approval after preliminary examination of the application documents by the agency dispatched by the China Securities Regulatory Commission where the representative office is located.
Representatives and deputy representatives of the representative office shall be examined and approved by the agency of the China Securities Regulatory Commission where the representative office is located with reference to these Measures, and the examination and approval shall be reported to the China Securities Regulatory Commission for the record. Article 13 A representative office established upon approval shall be issued with an approval certificate by the China Securities Regulatory Commission, and its resident validity period shall be 6 years. The representative office shall, within 30 days from the date of approval by the China Securities Regulatory Commission, register with the administrative department for industry and commerce with the approval certificate, and go through the formalities of residence and tax registration with the public security and tax departments. Chapter III Supervision and Administration Article 14 A representative office and its staff shall not sign an agreement or contract with any legal person or natural person that may bring income to the representative office or the institution it represents, nor shall they engage in other business activities. Fifteenth chief representative shall not be the head of the general management organization or relevant departments of the regional headquarters, nor shall he work part-time in any institution in China; The chief representative shall preside over the daily work of the resident representative office. If the resignation time exceeds 1 month, a special person shall be appointed to perform his duties on his behalf and reported to the local dispatched office of the CSRC for the record.