The term "representative offices of overseas exchanges in China" as mentioned in these Measures refers to the permanent representative offices established by overseas exchanges in China in accordance with the law and specializing in non-profit activities such as liaison and research, as well as other representative offices recognized by the China Securities Regulatory Commission. Article 3 The China Securities Regulatory Commission shall supervise representative offices according to the principle of prudent supervision. The dispatched office of China Securities Regulatory Commission shall supervise the representative offices within its jurisdiction within the scope authorized by China Securities Regulatory Commission.
Representative offices voluntarily join securities and futures industry organizations and accept self-discipline management. Chapter II Filing of Establishment Article 4 An overseas exchange shall, within five working days after the representative office is registered, submit the following filing materials to the dispatched office of the China Securities Regulatory Commission where it is located, and be responsible for the authenticity, accuracy and completeness of the materials:
(1) An application for filing submitted by an overseas exchange to the China Securities Regulatory Commission;
(2) A copy of the business license or legal business certificate issued by the relevant competent authority of the country or region where it is located and certified by the Chinese embassy (consulate) in that country; Unless otherwise stipulated in the international treaties concluded or acceded to by China;
(3) An explanation of the articles of association, management structure, equity structure chart, business scope, main business rules, management system and internal control mechanism of the overseas exchange, as well as a list and brief introduction of the members and managers of the board of directors (council);
(4) Annual reports for the last three years from the date of filing materials submitted by overseas exchanges;
(5) Power of attorney of the chief representative issued by the overseas exchange;
(6) An explanation of whether the chief representative to be appointed has been punished for major violations of laws and regulations in the last three years;
(seven) the identity certificate, resume, contact information and home address of the chief representative to be appointed;
(8) Letter of Commitment to the China Securities Regulatory Commission signed by the chief representative to be appointed;
(9) A copy of the registration certificate of the representative office;
(10) Basic information of the representative office, including but not limited to its name, domicile, telephone and fax numbers, business scope, management system, internal organization and personnel;
(eleven) other documents required by the China Securities Regulatory Commission.
Except item (4) of this article, all documents written in foreign languages must be accompanied by Chinese translation. Article 5 Where the filing materials are complete, the agency of the China Securities Regulatory Commission where the representative office is located shall submit the filing materials to the China Securities Regulatory Commission in time, and the China Securities Regulatory Commission shall publicize the name, change, cancellation and related materials of the filing representative office within 5 working days; If the filing materials are incomplete, the agency of China Securities Regulatory Commission where the representative office is located shall request the overseas exchange to supplement them. Article 6 The principal responsible person of a representative office is the chief representative. The chief representative shall not be a member of the overseas exchange headquarters or regional headquarters, nor shall he hold a post in any domestic for-profit institution. If the chief representative holds a part-time job, the overseas exchange shall replace the chief representative. Chapter III Change and Cancellation Article 7 Where a representative office changes its name, it shall submit a written report issued by an overseas exchange to the dispatched office of the China Securities Regulatory Commission where it is located, explaining the reasons for the name change, and submit the registration certificate of the renamed representative office and other documents required by the China Securities Regulatory Commission. If the representative office is renamed due to the change, merger, reorganization or acquisition of the controlling right of an overseas exchange, the overseas exchange shall re-record it according to the requirements of Article 4 of these Measures.
Where the chief representative of a representative office changes, he shall submit a written report and the materials specified in Items (5) to (9) of Article 4 of these Measures to the agency of the China Securities Regulatory Commission where he is located after going through the registration formalities for change in the market supervision and management department.
Where a representative office changes its office space, it shall, within 5 working days from the date of change, report the telephone, fax and mailing address of the new office space to the local dispatched office of China Securities Regulatory Commission in writing. Article 8 When a representative office is revoked, it shall report in writing to the local agency of China Securities Regulatory Commission within 20 working days before revocation. The cancellation report shall be issued by an overseas exchange, and shall be reported in writing to the local agency of China Securities Regulatory Commission within 5 working days after the cancellation of registration by the market supervision and management department.
After the cancellation of the representative office, the outstanding matters shall be borne by the overseas exchange. Chapter IV Supervision and Management Article 9 A representative office and its staff shall not sign agreements or contracts with legal persons or natural persons who may bring income to the representative office or its overseas exchanges, engage in any profit-making activities or provide direct access services to domestic units or individuals, or provide trading services to domestic units or individuals in any form through institutions such as members of overseas exchanges and other prohibited acts as stipulated by laws and regulations. Tenth representative offices and their staff can only introduce the market to institutions or enterprises.
Market introduction refers to non-profit activities such as training, meetings and seminars organized by representative offices and their staff to institutions or enterprises. When a representative office holds market promotion activities for institutions or enterprises, it shall submit relevant information to the dispatched office of China Securities Regulatory Commission where the representative office is located within 5 working days after the end of the activities.
The representative office and its staff shall not involve specific products when introducing the market; Do not introduce account opening, transaction methods, transaction fees and other transaction-oriented contents; No offer to buy or sell any securities, futures contracts or other financial products shall be made or accepted.