China Securities Regulatory Commission (hereinafter referred to as "China Securities Regulatory Commission") dispatched offices, offices and special commissioners' offices shall supervise and manage futures brokerage companies and their branches in accordance with these Measures and the authorization of China Securities Regulatory Commission. Article 4 A futures brokerage company shall join the China Futures Association.
China Futures Association shall conduct self-discipline management of futures brokerage companies in accordance with these Measures and the authorization of China Securities Regulatory Commission. Chapter II Establishment, Modification and Termination Article 5 To establish a futures brokerage company, in addition to the conditions stipulated in the Provisional Regulations on the Administration of Futures Trading, it shall also meet the following conditions:
(a) there are senior managers with qualifications;
(2) Having a corporate governance structure that conforms to the modern enterprise system;
(3) Other conditions stipulated by the China Securities Regulatory Commission. Article 6 A futures brokerage company may apply for the following futures business:
(1) Futures brokerage business.
(2) Futures consulting and training business;
(3) Other businesses approved by the China Securities Regulatory Commission. Article 7 A futures brokerage company may, according to its business needs, apply for the establishment of business departments, branches and other branches approved by the China Securities Regulatory Commission.
A futures brokerage company applying for the establishment of a business department shall meet the following conditions:
(1) The applicant has no record of major violations of laws and regulations in the previous year;
(2) The person in charge and employees of the business department to be established are qualified;
(3) The futures brokerage company has a complete management system for the business department to be established;
(4) The business department to be established has business premises and facilities that meet the needs of brokerage business;
(5) Other conditions required by the China Securities Regulatory Commission according to the principle of prudential supervision.
Measures for the administration of branches and other branches of futures brokerage companies shall be formulated separately by the China Securities Regulatory Commission. Article 8 A futures brokerage company shall not set up a business department in disguised form in the name of "representative office" or "office"; No business department may be established in the form of joint venture, cooperation or joint venture; Shall not contract or lease the business department. Article 9 The establishment, merger and division of a futures brokerage company shall be subject to preliminary examination by the agency dispatched by the China Securities Regulatory Commission and reported to the China Securities Regulatory Commission for approval.
The establishment of a business department by a futures brokerage company shall be approved by the dispatched office of the China Securities Regulatory Commission where the business department is to be established and reported to the China Securities Regulatory Commission for the record. Article 10 Where a futures brokerage company changes items (1), (2), (4), (5) and (6) of Article 26 of the Interim Regulations on the Administration of Futures Trading, or changes its shareholders who hold more than 65,438+00% of the shares of a futures brokerage company or have actual control rights, it shall be approved by the agency of China Securities Regulatory Commission and reported to China Securities Regulatory Commission for the record. However, if the shareholders who hold more than 65,438+00% of the shares of the futures brokerage company or have actual control rights change, the shareholder qualification shall be approved by the China Securities Regulatory Commission in advance. Article 11 If a futures brokerage company has any of the following changes, it shall file with the agency of China Securities Regulatory Commission within 10 working days after the change:
(1) Amending the Articles of Association.
(2) Change the equity below10%;
(3) Other changes stipulated by the China Securities Regulatory Commission.
The dispatched office of China Securities Regulatory Commission has the right to request the futures brokerage company to correct the above-mentioned changes that do not conform to laws, regulations, rules and policies. Article 12 When a futures brokerage company is dissolved, a liquidation group shall be established according to law for liquidation. During the liquidation period, the liquidation group is responsible for formulating the liquidation plan, clearing the property, preparing the balance sheet and property list, handling the creditor's rights and debts, settling taxes and disposing of the remaining property.
China Securities Regulatory Commission dispatched agencies to supervise the liquidation team in handling investors' positions and deposits. Chapter III Basic Rules of Futures Brokerage Article 13 A futures brokerage company shall follow the principle of good faith, execute the entrustment of investors with appropriate skills, prudence and diligence, and safeguard the legitimate rights and interests of investors. Article 14 A futures brokerage company shall consciously avoid conflicts of interest with investors and ensure that investors are treated fairly when it is inevitable. Article 15 A futures brokerage company shall explain the risks of futures trading to investors, and keep the relevant laws and regulations on futures trading, trading rules of futures exchanges, brokerage business rules and their detailed rules in the business premises for investors to consult. Article 16 Unless otherwise stipulated by the China Securities Regulatory Commission, investors must hold China citizenship certificate or legal certificate of China legal person or other economic organization qualification when opening an account. Article 17 Before opening an account for an investor, a futures brokerage company shall present a futures trading risk statement to the investor, and the investor shall sign to confirm that he has understood the contents of the futures trading risk statement and sign a futures brokerage contract. A futures brokerage company may not open an account for an investor who has not signed a written futures brokerage contract.
The format and content of the risk statement of futures trading shall be uniformly formulated by the China Securities Regulatory Commission.