Article 3 The establishment of a branch of a securities company shall be approved by the China Securities Regulatory Commission. A branch company does not have the qualification of an enterprise legal person, and its legal liability shall be borne by the securities company.
Article 4 A branch company shall conduct business within the scope authorized by a securities company and shall not operate beyond its authorization.
A securities company may authorize its branches to engage in the following businesses:
(1) Managing the securities business departments of securities companies in a certain area;
(2) Operating underwriting and sponsorship business of securities companies in a certain area;
(3) As a specialized securities proprietary business institution of a securities company, it operates securities proprietary business.
(4) As a specialized securities asset management institution of a securities company, it operates the securities asset management business.
(5) Other businesses of securities companies approved by the China Securities Regulatory Commission.
Article 5 A branch company shall not directly engage in the business of the securities business department. If a branch company is authorized to engage in securities proprietary business or securities asset management business, it shall not engage in other businesses.
A securities company may not authorize the same branch to operate different businesses with conflicts of interest. Where a securities company authorizes its branches to engage in securities proprietary business or securities asset management business, the headquarters of the company shall not engage in such business or authorize other branches to engage in such business.
Article 6 A securities company applying for the establishment of a branch shall meet the following prudential requirements:
(1) Having a sound corporate governance structure, risk management system and internal control mechanism;
(2) The establishment of a branch shall be suitable for the company's business scale, management ability, capital strength and human resources, and be fully reasonable and feasible;
(3) There has been no major violation of laws and regulations in the last two years, and there has been no case of being put on file for investigation because of suspected violation of laws and regulations;
(4) Having working capital, office space, business and management personnel, technical conditions, safety precautions and other conditions suitable for the business scope of the branch to be established;
(5) The person-in-charge to be appointed has obtained the post qualification of the person-in-charge of a branch of a securities company;
(6) Other requirements of the China Securities Regulatory Commission.
Article 7 When establishing a branch, a securities company shall file an application with the China Securities Regulatory Commission, and at the same time submit the application materials to the securities regulatory bureau at the domicile of the securities company and the place where the branch is to be established for the record. The China Securities Regulatory Commission accepts applications, examines them and makes decisions in accordance with the Administrative Licensing Law, the Securities Law, the Regulations on the Supervision and Administration of Securities Companies and other laws and administrative regulations and the relevant provisions of the China Securities Regulatory Commission.
After the application for establishing a branch is approved, the securities company shall apply to the company registration authority for establishment registration within 30 days, complete the preparatory work within 6 months, and apply to the local securities regulatory bureau for acceptance. Failing to apply for acceptance within the time limit or failing to pass the acceptance, the original approval document will automatically become invalid. Those who pass the inspection shall apply to the China Securities Regulatory Commission for issuing a securities business license, and within 65,438+00 working days from the date of receiving the securities business license, submit the securities business license and a copy of the business license to the securities regulatory bureau at the domicile of the securities company and the location of the branch for the record.
Article 8 A securities company's acquisition, cancellation of branches or change of business scope according to the needs of business development and management shall be approved by the China Securities Regulatory Commission.
The relocation of branches across the jurisdiction of local securities regulatory bureaus shall be approved by the China Securities Regulatory Commission; Relocation within the jurisdiction of the local CSRC shall be approved by the local CSRC.
Where a securities company purchases a branch, it shall meet the conditions for establishing a branch as stipulated in Article 6 of these Provisions. The relevant transferor must be a securities company that transfers all or a certain field of business related to the target branch based on the need of adjusting development strategy and implementing business integration.
Where a securities company applies for the cancellation of its branch, or is ordered to cancel its branch according to law, it shall formulate a disposal plan, employee and customer placement plan, and report it to the China Securities Regulatory Commission for the record.
Article 9 A securities company shall implement centralized and unified management of its branches' business activities and information technology systems, establish a specific, clear and reasonable branch authorization, inspection and accountability system and a real-time monitoring system of risk control indicators, and strengthen the risk control, audit and compliance management of branches.
A branch company shall hang its securities business license and business license in a prominent position in its business premises, and publicize the basic information of the securities company and the branch company, complaint telephone number, fax number, e-mail address and other related information.
Article 10 The business activities and responsible persons of a branch shall be subject to the supervision of the local securities regulatory bureau. A branch shall, in accordance with the regulatory requirements, submit management information and materials such as business, finance and person in charge to the local securities regulatory bureau. The securities regulatory bureau where the branch is located is responsible for inputting the regulatory information of the branch into the comprehensive information system of institutional supervision.
The risk control, auditing and compliance management of the branches of a securities company shall be subject to the supervision of the securities regulatory bureau where the securities company is domiciled.
Establish an effective information communication and supervision cooperation mechanism between the branch and the local securities regulatory bureau of the securities company, effectively prevent, resolve and deal with the business risks, major anomalies and emergencies of the branch, and coordinate and cooperate with the inspection, investigation and audit of the branch.
Article 11 Before the promulgation of these Provisions, all kinds of business headquarters, management headquarters, business centers and other institutions engaged in business activities established by securities companies outside their residences, as well as branches established after the promulgation of these Provisions, shall be supervised in accordance with the requirements of these Provisions; If it fails to meet the requirements within the time limit, it shall be revoked in time.
Article 12 A securities company that establishes representative offices, offices and other institutions engaged in non-business activities such as liaison, research, market research and information technology management outside its domicile shall file with the Securities Regulatory Bureau of its domicile and the place where the institution is located. Such institutions shall not engage in any business activities.
Article 13 The main office of a securities company shall be located at the company domicile legally registered by the company registration authority, and shall at least meet the following regulatory requirements:
(1) The company's board of directors, the board of supervisors, and the company's chairman, supervisors and senior management personnel have their daily offices at the company's domicile;
(2) The company's finance, auditing, auditing, compliance and risk control departments work in the company's domicile;
(3) The accounting books of the company shall be set up, generated and kept at the company's domicile;
(4) Complete business and financial information of the company shall be collected and kept in the company's domicile.
Article 14 If a securities company and its branches fail to meet the requirements of Articles 11, 12 and 13 of these Provisions, they shall make timely rectification and meet the relevant requirements within 1 year from the date of promulgation of these Provisions.
Fifteenth securities companies in violation of these provisions, the China Securities Regulatory Commission and its local securities regulatory bureau will take regulatory measures according to law.
Article 16 The securities regulatory bureau where the branch is located shall supervise the branch according to law.
Seventeenth the provisions shall come into force as of the date of promulgation. In case of any inconsistency between the regulations on branch supervision previously issued by China Securities Regulatory Commission and these regulations, these regulations shall prevail.