Article 6 A trust company shall meet the following conditions when undertaking entrusted overseas wealth management business:
(1) Its registered capital is not less than 654.38 billion yuan or its equivalent in a freely convertible currency. Approved to have foreign exchange business qualifications and good foreign exchange business experience. It has been rated as good and above for two consecutive years.
(2) It has been profitable continuously in the last two years, and its net assets at the end of the year are not less than its registered capital. It has not been subject to administrative punishment by the regulatory authorities in the last two years.
(3) It has a sound corporate governance structure, internal control system and risk management mechanism, which have been well implemented.
(4) Having professionals who can meet the needs of entrusted overseas wealth management business and have the ability and experience in overseas investment management (at least two professional managers who have been engaged in foreign currency securities trading business for more than 2 years); There are departments that independently carry out the entrusted overseas wealth management business, and the entrusted overseas wealth management business is centralized, unified and managed separately.
(5) Having risk analysis technology and risk control system to meet the needs of overseas wealth management business entrusted; Having business premises, computer systems, security facilities and other related facilities to meet the needs of overseas wealth management business entrusted; An effective isolation mechanism has been established between trust business and inherent business.
(6) Other prudential conditions stipulated by the China Banking Regulatory Commission.
Article 7 A trust company shall submit the following materials (in triplicate) when applying to the China Banking Regulatory Commission for the qualification of being entrusted with overseas wealth management business:
(1) An application signed by the legal representative of the trust company, including at least the basic information of the applicant, the foreign exchange quota to be applied for and the investment plan.
(2) A feasibility report on the trust company undertaking the entrusted overseas wealth management business, including at least the company qualification, business development planning, target customer group positioning, business feasibility analysis and resource allocation, etc.
(3) Internal control and risk management system. The internal control system and risk management system should at least include: the management system of entrusted overseas wealth management business; Foreign exchange investment or foreign exchange transaction management system; Market risk management system.
(4) Information on personnel and departments engaged in overseas financial services on behalf of clients, including resumes of professionals engaged in overseas investment.
(5) The relevant materials of the custodian and the draft agreement. The draft custody agreement shall specify the custodian to be employed. If the custodian cannot be determined due to management procedures, business negotiations, etc. The information of the custodian may not be filled in for the time being, but the main rights and businesses of the trust company and the custodian shall be clearly defined in the draft agreement, and the basic information of the custodian shall be reported to the regulatory authorities in time after the custodian is clearly defined.
(six) the relevant certification materials that meet the conditions of Article 6 of these Measures shall at least include the certification documents and photocopies of foreign exchange business, and the audited financial reports and statements in the last two years.
(7) Other documents required by China Banking Regulatory Commission.