China Futures Association and Futures Exchange shall exercise self-discipline management over futures companies in accordance with self-discipline rules.
The futures margin depository monitoring institution shall monitor the security of customer margin according to law. Chapter II Establishment, Change and Termination Article 6 An application for the establishment of a futures company shall meet the following conditions in addition to those stipulated in Article 16 of the Regulations on the Administration of Futures Trading:
(1) There shall be no less than 65,438+05 persons with futures business qualifications;
(2) There shall be no less than 3 senior managers with qualifications. Article 7 Where a shareholder holding more than 5% of the shares is a legal person or other organization, it shall meet the following conditions:
(a) the paid-in capital and net assets are not less than 30 million yuan;
(2) The net assets are not less than 50% of the paid-in capital, or the contingent liabilities are less than 50% of the net assets, and there are no other risks that have a significant uncertain impact on the financial situation;
(three) there is no large amount of outstanding debts due;
(four) in the past three years, it has not been subject to administrative punishment or criminal punishment for major violations of laws and regulations;
(five) due to suspected serious violations of laws and regulations, the competent authorities have not filed an investigation or taken compulsory measures;
(6) Being a shareholder or actual controller of the company (including financial institutions) in the past three years, and having no dishonest behaviors such as abusing shareholders' rights and evading shareholders' obligations;
(7) There are no other circumstances that the China Securities Regulatory Commission deems inappropriate to hold shares in a futures company according to the principle of prudent supervision. Article 8 An individual shareholder holding more than 5% of the shares of a futures company shall meet the conditions specified in Items (3) to (7) of Article 7 of these Measures, and his personal financial assets shall not be less than 30 million yuan. Article 9 An overseas shareholder holding more than 5% equity of a futures company shall meet the following conditions in addition to those specified in Article 7 of these Measures:
(1) Financial institutions established and legally existing in accordance with the laws of the country or region where they are located;
(two) the financial indicators and regulatory indicators in the last three years meet the requirements of the laws and regulatory agencies of the country or region where it is located;
(3) The country or region where it is located has a sound futures law and supervision and management system, and its futures regulatory agency has signed a memorandum of regulatory cooperation with the China Securities Regulatory Commission and maintained an effective regulatory cooperation relationship;
(4) The foreign shareholding ratio or equity ratio of a futures company shall not exceed the commitment of China futures industry to open to the outside world or to the Hong Kong Special Administrative Region, the Macao Special Administrative Region and Taiwan Province Province.
Overseas shareholders shall make capital contributions in freely convertible currencies or RMB obtained according to law. Article 10 If the total shareholding ratio of the associated shareholders of a futures company reaches 5%, the shareholder with the highest shareholding ratio shall meet the conditions stipulated in Articles 7 to 9 of these Measures. Article 11 To apply for the establishment of a futures company, the following application materials shall be submitted to China Securities Regulatory Commission:
(1) an application;
(2) Draft articles of association;
(3) a business plan;
(4) List of sponsors and their audit reports or personal financial assets certificates;
(five) the list of senior managers and employees to be employed, resumes and relevant qualification certificates;
(6) The text of the proposed futures business system, internal control system and risk management system;
(seven) the site, equipment, capital documents;
(eight) legal opinions issued by the law firm;
(9) Other application materials as stipulated by the China Securities Regulatory Commission. Article 12 A foreign-funded futures company shall, in accordance with the provisions of laws and administrative regulations, apply to the competent commercial department of the State Council for the approval certificate of foreign-invested enterprises, and apply to the foreign exchange administration department for foreign exchange registration, fund account opening and related fund settlement and purchase procedures. Thirteenth futures companies established in accordance with these measures can engage in commodity futures brokerage business according to law; Those who engage in financial futures brokerage, overseas futures brokerage and futures investment consulting shall obtain corresponding business qualifications. Those who engage in asset management business shall register and put on record according to law.
Upon approval, a futures company may engage in other businesses as stipulated by the China Securities Regulatory Commission. Article 14 To apply for the qualification of financial futures brokerage business, a futures company shall meet the following conditions:
(1) The risk supervision indicators have continuously reached the prescribed standards for two months before the date of application;
(2) Having a sound corporate governance, risk management system and internal control system, which have been effectively implemented.
(3) Conforming to the provisions of the China Securities Regulatory Commission on the safe custody and monitoring of futures deposits;
(4) Its business facilities and technical systems meet the relevant technical specifications and operate well;
(5) The senior management personnel have not been subjected to criminal punishment, administrative punishment for illegal business operation, no bad credit record, and are not being investigated by the competent authority for suspected illegal business operation in the past two years;
(six) there is no regulatory measures taken by the China Securities Regulatory Commission and its dispatched offices as stipulated in the second paragraph of Article 56 and Article 57 of the Regulations on the Administration of Futures Trading;
(seven) there is no case of being investigated by the competent authority for suspected violation of laws and regulations;
(eight) in the past two years, he has not received criminal punishment or administrative punishment for illegal acts. However, if the controlling shareholder or actual controller of the futures company changes, and the change ratio of senior managers exceeds 50%, and the senior managers and business leaders who are responsible for the above situation are no longer in the company, and have completed the rectification and passed the acceptance by the dispatched office of the China Securities Regulatory Commission where the futures company is located, they may not be subject to this restriction;
(9) The net assets or personal financial assets of the controlling shareholder are not less than 30 million yuan;
(ten) other conditions stipulated by the China Securities Regulatory Commission in accordance with the principle of prudent supervision.