Measures for the pilot management of currency brokerage companies

Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Banking Supervision Law of the People's Republic of China and the People's Bank of China Law of the People's Republic of China in order to further improve and develop China's financial market and standardize the management of money brokerage companies. Article 2 The term "money brokerage company" as mentioned in these Measures refers to a non-bank financial institution approved to be established in China, which specializes in brokerage business such as financial intermediation and foreign exchange transactions among financial institutions through electronic technology or other means, and receives commissions from it. Article 3 Money brokerage companies must abide by the laws and administrative regulations of People's Republic of China (PRC) in conducting their business, and may not harm the social interests of People's Republic of China (PRC). Article 4 The China Banking Regulatory Commission (hereinafter referred to as the China Banking Regulatory Commission) shall supervise and administer money brokerage companies. Money brokerage companies engaged in interbank lending, bond trading, foreign exchange trading and other brokerage activities in the interbank market shall accept the supervision and inspection of the People's Bank of China and the State Administration of Foreign Exchange; Where its business involves foreign exchange management matters, it shall implement the relevant provisions of the State Administration of Foreign Exchange and accept the supervision and inspection of the State Administration of Foreign Exchange. Chapter II Establishment, Change and Termination of Money Brokerage Companies Article 5 The establishment of a money brokerage company shall be approved by the China Banking Regulatory Commission. Without examination and approval, no unit or natural person may set up a money brokerage company without authorization or engage in money brokerage business in disguised form, and may not use the word "money brokerage" in disguised form in the name of the institution. Article 6 When approving the application for establishing a money brokerage company, China Banking Regulatory Commission shall fully consider the competition and development of China's foreign exchange market, money market, capital market and derivative products market, and solicit the opinions of relevant regulatory authorities. Article 7 An overseas investor applying for the establishment of a wholly-owned or joint-venture currency brokerage company in People's Republic of China (PRC) must meet the following conditions:

(1) A money brokerage company legally established in its country or region.

(2) Having been engaged in money brokerage business for more than 20 years, having a sound operation and a sound internal control system.

(3) It has a good credit standing and no record of major violations of laws and regulations.

(4) It has made profits for three consecutive years before the application, and its annual after-tax net income is not less than 5 million US dollars.

(5) Having a global institutional network and an information and communication network necessary for engaging in currency brokerage business.

(6) Having established a representative office in China for more than 2 years.

(7) The financial supervision and management system of the host country or region is sound, the applicant is effectively supervised by the relevant competent authorities of the host country or region, and the supervisory authorities have signed a supervision memorandum with the China Banking Regulatory Commission.

(8) Other prudential conditions stipulated by the China Banking Regulatory Commission. Article 8 China investors applying for the establishment of a money brokerage company or a Sino-foreign joint venture money brokerage company must meet the following conditions:

(1) Non-bank financial institutions established according to law.

(two) engaged in the money market, foreign exchange market and other agency business for more than 5 years.

(3) Steady operation and sound internal control system.

(4) It has a good credit standing and no record of major violations of laws and regulations.

(5) It has been profitable for three consecutive years before the application is filed.

(6) Other prudential conditions stipulated by the China Banking Regulatory Commission. Article 9 The establishment of a money brokerage company shall meet the following conditions:

(1) It has the minimum registered capital meeting the requirements of these Measures.

(2) Having articles of association that meet the requirements of the Company Law of People's Republic of China (PRC) and other relevant laws and these Measures.

(3) Having senior managers who are familiar with money brokerage and related businesses.

(4) Having a sound organizational structure, management system and risk control system.

(5) Having business premises and safety precautions suitable for business operations.

(6) Other prudential conditions stipulated by the China Banking Regulatory Commission. Article 10 The establishment of a money brokerage company and its branches shall go through two stages: preparation and opening. The preparation and opening materials submitted by the applicant shall be written in Chinese. Article 11 The minimum registered capital of a money brokerage company is 20 million yuan or its equivalent in a freely convertible currency, and the registered capital is paid-in monetary capital.

China Banking Regulatory Commission may adjust the minimum amount of registered capital according to the development of money brokerage business and the requirements of prudent supervision, but it shall not be lower than the minimum amount stipulated in the preceding paragraph. Article 12 The local banking regulatory bureau where a money brokerage company intends to establish is the examination and approval authority for applying for the establishment of a money brokerage company and its branches, and the China Banking Regulatory Commission is the examination and approval authority for applying for the establishment of a money brokerage company and its branches. Thirteenth to apply for the establishment of a money brokerage company, the investor with the largest proportion of capital contribution shall submit a written application to the China Banking Regulatory Commission and submit the following materials:

(1) An application for the establishment of a wholly-owned or joint-venture currency brokerage company signed by the legal representative of the investor, which shall include the name, place of registration, registered capital, investment ratio of the investor, business scope and other contents of the proposed institution.

(2) Feasibility study report.

(3) Articles of association of the proposed money brokerage company.

(4) A copy of the business license or company registration document issued by the regulatory authority of the country or region where the investor is located.

(5) A written opinion of the regulatory authority or trade association of the country or region where the investor is located on its application.

(6) Basic information of investors.

(seven) the accounting statements of the last three years audited by an accounting firm with corresponding qualifications or recognized by the relevant competent departments of the state.

(8) An agreement, undertaking or contract signed by both parties to the joint venture.

(9) A statement on the authenticity of the application materials issued by the legal representative of the investor.

(10) Other materials required by China Banking Regulatory Commission.

The materials listed in this article shall be in Chinese except for items 4, 5, 6 and 7; Items 4, 5, 6 and 7 should be provided in Chinese. In case of conflict, the Chinese version shall prevail. The Business License or Company Registration Document of an overseas investor 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.