Chapter I General Provisions Article 1 In order to standardize the business activities of futures companies, strengthen the supervision and management of futures companies, protect the legitimate rights and interests of customers and promote the positive and steady development of the futures market, these Measures are formulated in accordance with the Company Law, the Regulations on the Administration of Futures Trading and other laws and administrative regulations. Article 2 These Measures shall apply to futures companies established in People's Republic of China (PRC). Article 3 A futures company shall abide by laws, administrative regulations and the provisions of China Securities Regulatory Commission (hereinafter referred to as China Securities Regulatory Commission), operate prudently, and fulfill its fiduciary duty to customers. Article 4 The controlling shareholder, actual controller and other related parties of a futures company shall not abuse their rights, occupy the assets of the futures company or misappropriate assets such as customer deposits, thereby harming the legitimate rights and interests of the futures company and customers. Article 5 The China Securities Regulatory Commission and its dispatched offices shall supervise and manage futures companies and their branches according to law.

China Futures Association and Futures Exchange shall exercise self-discipline management over futures companies according to law.

The futures margin security depository monitoring institution shall monitor the margin security 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 To apply for the establishment of a futures company, the shareholders shall be qualified as legal persons in China, and the shareholders holding more than 5% of the shares shall meet the following conditions:

(1) Its paid-in capital and net assets are not less than 30 million yuan, it has been operating continuously for more than two complete fiscal years, and it has made profits for at least 65,438+0 fiscal years in the last two fiscal years; Or the paid-in capital and net assets are not less than 200 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;

(3) Accumulated foreign long-term equity investment, including investment in futures companies, shall not exceed its own net assets.

(four) there is no large amount of outstanding debts due;

(5) It has not been subjected to administrative punishment or criminal punishment for illegal business operations in the past three years;

(6) It has not been investigated or taken compulsory measures by the competent authority for suspected illegal business operations;

(7) Being a shareholder or actual controller of a financial institution in the last three years, or being a controlling shareholder or actual controller of a listed company, and not abusing shareholders' rights, evading shareholders' obligations and other dishonest acts;

(8) natural person shareholders, legal representatives or senior managers have not been banned from the securities and futures market, or the ban period has expired for more than 2 years; The qualification of a senior manager or practitioner of securities and futures has not been revoked, or it has been more than 2 years since the date of revocation; There are no circumstances listed in the first paragraph of Article 147 of the Company Law;

(9) There are no other circumstances that China Securities Regulatory Commission deems unsuitable for participating in futures companies according to the principle of prudent supervision. Article 8 For the establishment of a futures company, the shareholders holding 65,438+0,000% of the shares shall meet the conditions stipulated in Article 7 of these Measures, and the net capital shall not be less than 6,543,800 million yuan; If the net capital or similar indicators are not applicable to shareholders, the net assets shall not be less than RMB 654.38+0.5 billion. Article 9 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 Article 7 of these Measures.

Where the total shareholding ratio of related shareholders of a futures company reaches 65,438+000%, the shareholder with the highest shareholding ratio shall meet the conditions as stipulated in Article 8 of these Measures. Article 10 To apply for the establishment of a futures company, the following application materials shall be submitted to the China Securities Regulatory Commission:

(1) An application for the establishment of a futures company;

(2) Draft articles of association;

(3) a business plan;

(four) the list of sponsors and their audit reports;

(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 11 Futures companies established in accordance with these Measures may engage in commodity futures brokerage business; Those who engage in other futures business shall also obtain corresponding business qualifications. Article 12 To apply for the qualification of financial futures brokerage business, a futures company shall meet the following conditions:

(a) the risk supervision indicators of the two months before the date of application have continuously reached the prescribed standards;

(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) Having a detailed plan for engaging in financial futures brokerage business.

(5) Its business facilities and technical systems meet relevant technical specifications and are in good operation;

(6) The senior management personnel have not been subjected to criminal punishment, have been subjected to administrative punishment for illegal business operation, have no bad credit record in the last two years, and are not under investigation by the competent authorities for suspected illegal business operation;

(seven) there is no regulatory measures taken by the China Securities Regulatory Commission and its dispatched offices as stipulated in the second paragraph of Article 59 and Article 60 of the Regulations on the Administration of Futures Trading;

(eight) there is no case of being investigated by the administrative or judicial organs for suspected illegal business operations;

(nine) in the past two years, he has not received criminal punishment or administrative punishment for illegal business operations. 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 the rectification has been completed and passed the acceptance by the dispatched office of the China Securities Regulatory Commission where the futures company is located, it may not be subject to this restriction;

(10) The net assets of the controlling shareholder shall not be less than 30 million yuan;

(11) The controlling shareholder and actual controller have not been subjected to criminal punishment in the last two years, nor have they been subjected to administrative punishment for illegal business operations, and there is no case that they are being investigated by the competent authorities for suspected illegal business operations;

(twelve) other conditions stipulated by the China Securities Regulatory Commission in accordance with the principle of prudent supervision.