In order to strengthen the management of intermediary institutions, standardize the intermediary market behavior, establish a good market order, improve the investment environment, and promote the healthy development of the economy, these measures are formulated in accordance with the provisions of relevant laws and regulations and the actual situation in Chengdu. Article 2 (Scope of Application)
Intermediary agencies engaged in intermediary activities within the administrative area of this Municipality shall abide by these measures. Article 3 (Meaning of Terms)
The term "intermediary institutions" as mentioned in these Measures refers to legal persons and other organizations that are registered and established according to law, provide paid services to clients by using professional knowledge and skills, and should bear corresponding responsibilities. Including:
(1) Independent audit institution;
(two) assets, land, mineral resources, guarantees, real estate and other assessment agencies;
(3) detection, inspection, certification, supervision and auction institutions;
(four) legal, archival and other service institutions;
(five) information, credit, technology, engineering, market (commodity) survey and other consulting institutions;
(six) occupation, talent, marriage, education (tutor) and other intermediaries;
(seven) industrial and commercial registration, advertising, trademarks, patents, taxation, real estate, bidding, private entry and exit agencies;
(8) Financial intermediaries such as insurance, securities, futures and guarantees;
(nine) all kinds of brokerage institutions;
(ten) other organizations in accordance with the provisions of these measures. Article 4 (Principles of Practice)
Intermediary institutions and practitioners should follow the principles of voluntariness, equality, fairness, impartiality and good faith. Article 5 (deliberative bodies)
This Municipality establishes a joint meeting system to standardize the development of intermediary institutions, and organizes and coordinates the supervision and management of intermediary institutions in the city. The Municipal Administration for Industry and Commerce is responsible for the daily work of the joint meeting.
The administrative departments of industry and commerce, development and reform, construction, labor, personnel, justice, finance, state-owned assets, housing management, quality supervision, land, civil affairs, public security, taxation, education, commerce, price, safety supervision and auditing shall strengthen the supervision and management of intermediary institutions. Article 6 (Management Principles)
The management of intermediary institutions shall be carried out in accordance with the principles of the administrative department in charge, the self-discipline of industry associations and the self-discipline of intermediary institutions. Article 7 (Complaints and Reports)
The relevant departments shall establish a complaint reporting system, and citizens, legal persons and other organizations may complain to the relevant departments when they find illegal acts of intermediary agencies. Article 8 (Information System)
The municipal administrative department shall establish an intermediary supervision information collection and submission system, timely collect the intermediary supervision information of this system (including district [city] county) and submit it to the Municipal Administration for Industry and Commerce. Article 9 (Clear Content)
Intermediary institutions shall clearly state their qualification certificates, practice norms, practice disciplines, procedures, charging standards, names of practitioners, service items, self-discipline supervision telephone numbers, complaints and supervision telephone numbers of administrative departments, etc. At the place of business. Article 10 (Intermediary Contract)
In addition to the intermediary business of instant settlement, the intermediary institution shall sign a written contract with the client in the name of the intermediary institution to provide intermediary services. Article 11 (Records of Practice)
Intermediary institutions shall keep practice records. The internship record shall record the following contents:
(a) the entrusted matters and the specific requirements of the client;
(2) Fees collected and payment methods;
(three) the relevant requirements of the business norms that should be observed in the performance of the contract;
(four) the performance of the entrusted matters, including the acceptance, completion process and termination procedures of the entrusted matters. Article 12 (System Construction)
Intermediaries should enhance the transparency of practice through system construction and accept social supervision. Intermediary institutions shall keep original vouchers, practice records, account books and intermediary contracts in accordance with relevant regulations. Article 13 (Prohibited Acts)
Intermediaries and practitioners shall not have the following acts:
(a) to carry out intermediary activities without registration according to law;
(2) Concealing important matters related to the client from the client;
(3) divulging the business secrets of customers;
(four) engaged in intermediary activities of goods or services prohibited by the state;
(five) to collect service fees or other fees from the client, and not to issue invoices;
(6) Forging or altering transaction documents and vouchers and issuing false reports.
(seven) take fraud, coercion, bribery, malicious collusion and other improper means to harm the interests of the parties to undertake business;
(eight) publishing false information, inducing others to sign contracts and defrauding agency fees;
(9) making false propaganda on services or commodities;
(10) employing persons without professional qualifications to practice;
(eleven) other acts prohibited by laws, regulations and rules. Article 14 (Examination and Publicity)
Intermediaries and practitioners who violate the provisions of Article 13 of these measures, if the circumstances are serious, the relevant administrative departments shall report to the joint meeting of the city to regulate the development of intermediaries for examination and determination, and announce it to the public. Article 15 (Selection of Intermediaries)
Intermediary institutions and employees who have been listed in the list of publicity to the public after examination shall not accept the entrustment of government departments, institutions, state-owned and state-holding enterprises and government investment projects to engage in intermediary business within three years.