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Regulations of Nanjing Municipality on the Administration of Brokers
Chapter I General Provisions Article 1 In order to strengthen the management of brokers, standardize brokerage behavior, safeguard the legitimate rights and interests of the parties involved in brokerage activities and promote the healthy development of the brokerage industry, these Regulations are formulated in accordance with the relevant provisions of laws and regulations and in light of the actual situation of this Municipality. Article 2 The term "broker" as mentioned in these Regulations refers to individual industrial and commercial households, legal persons and other economic organizations that engage in brokerage activities such as intermediary, brokerage and agency for the purpose of collecting commissions in economic activities. Article 3 All brokers engaged in brokerage activities within the administrative area of this Municipality shall abide by these Regulations. Where there are other provisions in laws and administrative regulations on brokerage activities in finance, insurance, securities, futures and other industries, those provisions shall prevail. Article 4 Brokers engaged in brokerage activities shall abide by laws and regulations and follow the principles of equality, voluntariness, fairness, honesty and credibility. Article 5 The administrative department for industry and commerce is the competent department for the registration of brokers and the supervision and management of brokerage activities.

Other relevant administrative departments shall supervise and manage brokers and brokerage activities within the scope of their duties. Article 6 Brokers may establish brokers' associations according to law, implement industry self-discipline management in accordance with the articles of association, and safeguard the legitimate rights and interests of members. Chapter II Registration Administration Article 7 A brokerage qualification certificate is a necessary qualification certificate for engaging in brokerage activities.

Persons who meet the following conditions may apply for a brokerage qualification certificate:

(1) Having full capacity for civil conduct;

(2) Having a fixed residence in this Municipality;

(3) Having a legal identity certificate;

(4) Having business knowledge and skills suitable for brokerage activities;

(five) familiar with the relevant laws and regulations of the state.

The following persons shall not apply for the brokerage qualification certificate:

(1) Being sentenced to punishment for fraud, and less than three years have passed since the date of completion of execution;

(2) Persons whose brokerage qualification certificate has been revoked for less than two years;

(3) Persons who are prohibited from engaging in profit-making activities by laws and administrative regulations. Article 8 Where a person who meets the requirements specified in the second paragraph of Article 7 of these Regulations needs to obtain a brokerage qualification certificate, he shall apply himself and be approved by the administrative department for industry and commerce or issue a brokerage qualification certificate in accordance with the relevant provisions of the state.

It is forbidden to transfer, forge or alter the brokerage qualification certificate or defraud the brokerage qualification certificate by illegal means such as submitting false certificates. Article 9 The personnel engaged in brokerage business must hold the Brokerage Qualification Certificate to the administrative department for industry and commerce to handle their employment records. The "Brokerage Qualification Certificate" for handling employment records is the practice certificate for brokers to engage in brokerage business.

The administrative department for industry and commerce shall implement the annual inspection system for the employment records of brokerage practitioners. Article 10 The establishment of brokerage organizations such as individual brokers, sole proprietorship brokerage enterprises, partnership brokerage enterprises and brokerage companies shall apply to the local administrative department for industry and commerce at or above the county level for obtaining a business license. Article 11 The establishment of an individual broker shall meet the following conditions:

(1) Holding a brokerage qualification certificate;

(two) meet other conditions stipulated in the Interim Regulations on the Administration of Urban and Rural Individual Industrial and Commercial Households in the State Council.

Individual brokers engage in brokerage activities in their own names and bear unlimited liability for debts with their personal property. Article 12 The establishment of a sole proprietorship brokerage enterprise shall meet the following conditions:

(1) Having more than one full-time staff member holding the Brokerage Qualification Certificate;

(2) Meet other conditions stipulated in the Law of People's Republic of China (PRC) Municipality on Wholly Owned Enterprises.

Investors bear unlimited liability for the debts of enterprises. Article 13 The establishment of a partnership brokerage enterprise shall meet the following conditions:

(1) Having two or more persons with brokerage qualification certificates as partners;

(two) there are more than three full-time personnel (including partners) holding brokerage qualification certificates;

(3) It meets other conditions stipulated in the Partnership Enterprise Law of People's Republic of China (PRC).

Partners shall bear unlimited joint and several liabilities for the debts of the enterprise. Article 14 The establishment of a brokerage company shall meet the following conditions:

(a) the registered capital of more than one hundred thousand yuan;

(two) there are more than four full-time personnel holding the "brokerage qualification certificate";

(3) Meet other conditions stipulated in the Company Law of People's Republic of China (PRC).

Brokerage companies bear limited liability for their debts. Fifteenth other economic organizations engaged in brokerage activities shall meet the following conditions:

(1) It has funds suitable for its business scale;

(two) there are more than three full-time personnel holding the "brokerage qualification certificate";

(3) Other conditions stipulated by relevant laws and regulations. Article 16 If a broker needs to change or cancel the registered items, he shall go through the relevant formalities at the original registration department. Chapter III Brokerage Activities Article 17 Brokers shall enjoy the following rights in brokerage activities:

(a) require the client to truthfully provide the relevant information necessary to carry out brokerage activities;

(2) collecting commissions in accordance with the provisions of laws and regulations or the brokerage contract;

(3) If the brokerage contract is dissolved or the brokerage activity cannot be completed due to reasons not attributable to the broker, the client shall pay the broker a reasonable fee. Unless otherwise agreed by both parties, such agreement shall prevail;

(4) Other rights stipulated by laws and regulations.