A lawyer who applies to engage in securities legal business shall meet the following conditions:
1. More than three years experience in economic and civil legal business, familiar with securities legal business; Or have more than two years of securities law business, research and teaching experience;
2. Have good professional ethics and have not been disciplined in the past three years;
3 after the Ministry of Justice, China Securities Regulatory Commission or the Ministry of Justice, China Securities Regulatory Commission designated or entrusted by the training institutions to hold specialized business training and assessment (training and assessment provisions shall be formulated separately. Article 5 To engage in securities legal business, a law firm must have at least three full-time lawyers (including this number, the same below) who have obtained the qualification certificates for securities legal business. The application of a law firm shall be submitted to the Ministry of Justice by the judicial departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government, and approved by the Ministry of Justice in conjunction with the CSRC, and a license to engage in securities legal business shall be issued.
An application report in triplicate, including the following contents:
1. Name, address and competent department of the applicant;
2. Name and position of the legal representative;
3. A copy of the registration document;
4. Number and structure of professionals;
5. Main business scope;
6. Details of stocks held by professionals;
(7) Resumes and copies of qualification certificates of three or more lawyers who have obtained the qualification certificates of securities legal business;
8. Other documents deemed necessary by the Ministry of Justice and the China Securities Regulatory Commission. Article 6 A law firm that has obtained a license to engage in securities legal business must withdraw professional liability risk reserve or purchase professional liability insurance in accordance with regulations, and the annual withdrawal ratio of professional liability risk reserve shall not be less than 65,438+00% of the net income from engaging in securities legal business. Provisions for purchasing insurance shall be formulated separately. Article 7 If a lawyer provides false, misleading contents or major omitted legal documents (including legal opinions) to the China Securities Regulatory Commission and the public and refuses to correct them, the China Securities Regulatory Commission shall, jointly with the Ministry of Justice, revoke or cancel his qualification to engage in securities legal business for 1 to 3 years.
When a law firm has less than three full-time lawyers holding securities legal business qualification certificates due to reasons such as transfer, revocation of qualification certificates and suspension of professional qualifications, it shall report to the Ministry of Justice and the CSRC in a timely manner. Before the number of full-time lawyers with securities legal business qualification certificates is increased to more than three, the Ministry of Justice and the CSRC have the right to require the law firm to stop engaging in securities legal business. Article 8 The Ministry of Justice and the China Securities Regulatory Commission shall supervise the activities of law firms and lawyers engaged in securities law business. Article 9 A foreign law firm that assists China enterprises in overseas stock issuance and listing must file with the Ministry of Justice and the China Securities Regulatory Commission, and submit the main information of the law firm. The Ministry of Justice and the China Securities Regulatory Commission shall publish it after examination and approval. Recognized foreign law firms need to declare once a year. Article 10 The Ministry of Justice and the CSRC shall be responsible for the interpretation of these Provisions. Article 11 These Provisions shall come into force as of the date of promulgation.