(1) Shareholders meet the provisions of the Securities Investment Fund Law and these Measures;
(2) Having articles of association that comply with the Securities Investment Fund Law, the Company Law and the provisions of the China Securities Regulatory Commission.
(3) The registered capital shall be no less than RMB 654.38+0 billion, and the shareholders must make contributions in cash, and the overseas shareholders shall make contributions in freely convertible currencies;
(4) There are no less than 65,438+05 senior managers and business personnel who are engaged in research, investment, valuation and marketing in accordance with laws, administrative regulations and the provisions of the China Securities Regulatory Commission, and have obtained the qualification for fund practice;
(5) Having business premises, safety precautions and other business-related facilities that meet the requirements;
(6) Setting up organizations and posts with reasonable division of labor and clear responsibilities;
(7) Having internal control systems such as supervision, auditing and risk control that meet the requirements of the China Securities Regulatory Commission;
(8) Other conditions approved by the State Council and stipulated by the China Securities Regulatory Commission. Article 7 To apply for the establishment of a fund management company, a shareholder whose capital contribution or shareholding accounts for more than 5% of the registered capital of the fund management company (hereinafter referred to as shareholding ratio) shall meet the following conditions:
(1) Its registered capital and net assets are not less than 1 billion yuan, and its assets are of good quality;
(2) It has been operating continuously for more than three complete fiscal years, with perfect corporate governance and sound internal control system;
(3) It has not been subjected to administrative punishment or criminal punishment for illegal acts in the last three years;
(four) there is no misappropriation of customer assets and other acts that harm the interests of customers;
(5) It is not being investigated by the regulatory authorities due to illegal acts, or it is being rectified;
(6) It has a good social reputation, and has no bad records in financial supervision, taxation, industrial and commercial administrative organs, self-regulatory management, commercial banks and other institutions in the last three years. Article 8 The major shareholders of a fund management company refer to the shareholders who hold the highest proportion of shares in the fund management company and not less than 25%.
In addition to the conditions stipulated in Article 7 of these Measures, major shareholders shall also meet the following conditions:
(a) engaged in securities business, securities investment consulting, trust asset management or other financial asset management business;
(2) Its registered capital is not less than 300 million yuan;
(3) Good business performance and good asset quality. Article 9 In a Sino-foreign joint venture fund management company, the domestic shareholder with the highest shareholding ratio shall meet the requirements of major shareholders as stipulated in Article 8 of these Measures, and other domestic shareholders with a shareholding ratio of more than 5% shall meet the requirements as stipulated in Article 7 of these Measures.
An overseas shareholder of a Sino-foreign joint venture fund management company shall meet the following conditions:
(1) It is a financial institution established in accordance with the laws of the country or region where it is located, legally existing and having experience in financial asset management, with sound finances and good credit standing, and has not been punished by the regulatory authorities or judicial organs in the last three years;
(2) The country or region where it is located has a sound securities law and regulatory system, and its securities regulatory agency has signed a memorandum of understanding on securities regulatory cooperation with the China Securities Regulatory Commission or other institutions recognized by the China Securities Regulatory Commission, and maintained an effective regulatory cooperation relationship;
(3) The equivalent convertible currency with paid-in capital of not less than 300 million yuan;
(4) Other conditions approved by the State Council and stipulated by the China Securities Regulatory Commission.
The provisions of the preceding paragraph shall apply mutatis mutandis to investment institutions in Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Province Province. Article 10 The shareholding ratio of shareholders of a fund management company shall conform to the provisions of the China Securities Regulatory Commission. The foreign share ratio or equity ratio of a Sino-foreign joint venture fund management company shall not exceed the commitment of China's securities industry to open to the outside world.