Chapter 1 General Provisions Article 1 In order to regulate the implementation of administrative licensing by the China Securities Regulatory Commission (hereinafter referred to as the China Securities Regulatory Commission) and improve the implementation procedures and systems for securities and futures administrative licensing, in accordance with the "Administrative Licensing Law", " Securities Law, Securities Investment Fund Law, Futures Trading Management Regulations and other laws and administrative regulations, these regulations are formulated. Article 2 The term “administrative license” as mentioned in these regulations refers to the behavior that the China Securities Regulatory Commission allows natural persons, legal persons or other organizations (hereinafter referred to as applicants) to engage in specific activities in the securities and futures markets based on their application and review in accordance with the law. Article 3 When the China Securities Regulatory Commission implements administrative licensing, these regulations shall apply to its procedures.
After the applicant obtains the administrative license in accordance with the law, if he applies to change the administrative license or extend the validity period of the administrative license, these regulations shall apply. Article 4 The China Securities Regulatory Commission implements administrative licensing in accordance with the statutory authority, scope, conditions and procedures, adheres to the principles of openness, fairness, impartiality and convenience, improves work efficiency and provides high-quality services.
If laws and administrative regulations stipulate that the implementation of administrative licensing should follow the principle of prudent supervision, such provisions shall prevail. Article 5 The China Securities Regulatory Commission may authorize dispatched offices to implement administrative licensing in accordance with the law. To authorize the implementation of administrative licenses, administrative licensing decisions shall be made in the name of the dispatched agency. Article 6 The China Securities Regulatory Commission implements administrative licensing systems such as unified acceptance, unified delivery, one-time notification of supplements and corrections, explanation of reasons, and public announcement. Chapter 2 General Procedures Section 1 Acceptance Article 7 The China Securities Regulatory Commission implements administrative licensing, and a specialized agency (hereinafter referred to as the acceptance department) handles the acceptance of administrative licensing applications. Article 8 When an applicant submits application materials, the accepting department shall require the applicant to produce a letter of introduction from the unit, ID card and other identity documents, and verify them. If the applicant entrusts another person to submit the application materials, the accepting department shall also require the trustee to submit the applicant's power of attorney and produce the trustee's identity document. The accepting department shall retain copies of the identity documents of the applicant and the applicant’s trustee.
Applicants submitting application materials should fill in the "Application Materials Registration Form". Article 9 If the acceptance department finds that the application matter does not require administrative licensing according to law or does not fall within the scope of powers of the China Securities Regulatory Commission, it shall immediately inform the applicant that it will not accept the application and issue a notice of non-acceptance. If the application matter does not fall within the scope of powers of the China Securities Regulatory Commission according to law, the applicant shall also be notified to apply to the relevant administrative agency. Article 10 When receiving application materials, the acceptance department shall handle registration procedures in a timely manner and issue a receipt of application materials to the applicant. Article 11 The department responsible for reviewing application materials (hereinafter referred to as the review department) conducts a formal review of the application materials and requires the applicant to supplement or correct the application materials. It shall submit all supplementary and correction requirements at once within 5 working days from the date of issuance of the receipt of receipt. . The review department shall not require the applicant to supplement or correct application materials multiple times. Article 12 If the applicant needs to supplement or correct application materials, the accepting department shall issue a notice of correction; if the applicant needs to use the submitted application materials to supplement the application materials, the application materials shall be returned to the applicant and registered.
The applicant shall submit supplementary and corrected application materials within 30 working days from the date of issuance of the supplementary and correction notice.
The acceptance department is responsible for receiving and registering the supplementary and corrected application materials submitted by applicants as required. Article 13 If the applicant requests to withdraw the application before making a decision to accept the application, the accepting department shall check and retain the identity document (or copy), power of attorney, and application withdrawal report of the applicant or his trustee, and withdraw the application. Material receipt voucher, application materials will be returned to the applicant after registration.
When the application materials are returned to the applicant, a copy of the application materials (or a copy) should be retained. Article 14: If the application matters fall within the scope of powers of the China Securities Regulatory Commission, and if the application materials are complete and comply with the legal form, the accepting department will issue an acceptance notice.
For an application that is decided to be accepted, if the applicant should pay relevant fees in accordance with the provisions of laws and administrative regulations, the accepting department shall notify the applicant to pay the fee in advance and receive the acceptance notice with the payment voucher. Article 15 If the applicant has any of the following circumstances, a decision will be made not to accept the application:
(1) Notify the applicant to supplement and correct the application materials, and the applicant fails to submit all supplements and corrections within 30 working days Application materials;
(2) The supplementary and corrected application materials submitted by the applicant within 30 working days are still incomplete or do not comply with the legal form;
(3) Prepare, The securities company or securities service institution that issued the relevant application materials has been investigated by the China Securities Regulatory Commission and its dispatched agencies for suspected violations of laws and regulations, or has been investigated by judicial authorities, and the case has not yet been closed, and the conduct involved in the case is in the same type of business as the conduct of providing services to the applicant, or Have a significant impact on the market;
(4) Relevant personnel of securities companies and securities service institutions who prepare and issue relevant application materials for applicants are investigated by the China Securities Regulatory Commission and its dispatched agencies for suspected violations of laws and regulations. Or it is investigated by judicial authorities and the case has not yet been closed, and the conduct involved in the case belongs to the same type of business as the conduct of providing services to the applicant or has a significant impact on the market;
(5) Laws, administrative regulations and the provisions of the China Securities Regulatory Commission Other circumstances.
If it is decided not to accept the application, the accepting department will issue a notice of non-acceptance and notify the applicant or its trustee to retrieve the application materials.
If the applicant or his trustee retrieves the application materials, the accepting department shall check and retain the identity document (or copy) and power of attorney of the applicant or his trustee, and return the application materials to the applicant after registration.