Encourage overseas RMB funds to be used for domestic securities and futures investment. Article 3 Qualified foreign investors shall entrust qualified domestic institutions as asset custodians, and entrust domestic securities companies and futures companies to handle domestic securities and futures trading activities according to law. Article 4 Qualified foreign investors shall establish and implement effective internal control and compliance management systems to ensure that investment operations and fund management comply with domestic laws, regulations and other relevant provisions. Article 5 China Securities Regulatory Commission (hereinafter referred to as China Securities Regulatory Commission) and China People's Bank (hereinafter referred to as China People's Bank) shall supervise and manage the domestic securities and futures investment of qualified foreign investors, while China People's Bank and State Administration of Foreign Exchange (hereinafter referred to as foreign exchange) shall supervise and manage the domestic bank accounts and fund transfer of qualified foreign investors.
The varieties and methods of financial derivatives and other transactions that qualified foreign investors can participate in shall be announced by the China Securities Regulatory Commission in consultation with the People's Bank of China and the foreign exchange bureau. Article 6 To apply for the qualification of qualified foreign investors, the following conditions shall be met:
(a) financial stability, good credit standing, with securities and futures investment experience;
(2) The main person in charge of the domestic investment business meets the requirements of the overseas country or region where the applicant is located (if any);
(3) The governance structure, internal control and compliance management system are sound and effective, and inspectors are equipped to supervise the legal compliance of the applicant's domestic investment behavior according to regulations;
(4) Its business conduct is standardized, and it has not been severely punished by the regulatory authorities in the last three years or since its establishment;
(5) There is no situation that has a significant impact on the operation of the domestic capital market. Article 7 The applicant shall submit the application documents for the qualification of qualified foreign investors to the China Securities Regulatory Commission through the custodian.
China Securities Regulatory Commission shall, within 10 working days from the date of accepting the application documents, review the application materials and make a decision on approval or disapproval. If it decides to approve, it shall give a written reply and issue a securities and futures business license (hereinafter referred to as the license); If it decides not to approve, it shall notify the applicant in writing. Article 8 A custodian shall, within 5 working days from the date of signing the custody agreement, report to the China Securities Regulatory Commission for the record when it conducts the asset custody business of qualified foreign investors for the first time. Article 9 A custodian shall perform the following duties:
(a) Safe custody of all assets entrusted by qualified foreign investors;
(2) Handling the liquidation, delivery, foreign exchange settlement, sale, receipt and payment and settlement of RMB funds of qualified foreign investors;
(3) Supervise the investment operation of qualified foreign investors, and report to the China Securities Regulatory Commission, the People's Bank of China and the foreign exchange bureau in time if their investment instructions are illegal;
(4) According to the requirements of China Securities Regulatory Commission, the People's Bank of China and the foreign exchange bureau, submit relevant business reports and statements, such as information on expenditure households, information on cross-border receipt and payment of funds, information on asset allocation of domestic securities and futures investment, etc. Qualified foreign investors, and make statistical declaration of balance of payments;
(5) Keeping the records of remittance, remittance, exchange, receipt and payment of foreign exchange and capital transactions of qualified foreign investors for not less than 20 years;
(six) other duties stipulated by the China Securities Regulatory Commission, the People's Bank of China and the foreign exchange bureau according to the principle of prudent supervision. Article 10 A custodian shall continuously meet the following conditions:
(1) Having a special asset custody department and personnel, systems and rules to meet the needs of custody business;
(2) Having the qualification to engage in foreign exchange business and RMB business;
(3) There are no major violations of laws and regulations that affect the custody business;
(four) other requirements stipulated by the China Securities Regulatory Commission, the People's Bank of China and the foreign exchange bureau according to the principle of prudent supervision. Article 11 A custodian shall strictly separate its own assets from entrusted assets, and establish separate accounts for entrusted assets. Article 12 If a qualified foreign investor entrusts more than two custodians, it shall designate 1 chief reporters, who shall be responsible for handling matters such as qualification application, major event report, subject information registration and so on. Qualified foreign investors shall, within 5 working days from the date of appointing the chief reporter, report all custodian information to the China Securities Regulatory Commission and the foreign exchange bureau for the record through the chief reporter.
Qualified foreign investors can change their custodians. China Securities Regulatory Commission and foreign exchange bureau may require qualified foreign investors to change their custodians according to the principle of prudent supervision. Article 13 A qualified foreign investor shall apply for opening a securities and futures account according to law.
When a qualified foreign investor conducts securities and futures trading, it shall entrust an institution with corresponding settlement qualifications for settlement.