A stock exchange shall, in accordance with the relevant provisions of the state and the business rules of the exchange, supervise the securities proprietary business activities of member securities institutions. Article 4 The term "securities institutions" as mentioned in these Measures refers to legally established securities companies and trust and investment companies with legal person qualifications.
The securities franchises mentioned in these Measures refer to the securities companies mentioned in the preceding paragraph; A securities concurrent institution refers to the trust and investment company mentioned in the preceding paragraph. Article 5 The term "securities proprietary business" as mentioned in these Measures refers to the behavior of securities institutions to buy and sell listed securities and other securities recognized by the China Securities Regulatory Commission for themselves.
The listed securities mentioned in the preceding paragraph refer to the following securities listed and traded on the stock exchange:
(1) Renminbi ordinary shares.
(2) Fund bonds;
(3) Warrants.
(4) national debt;
(5) Corporate or enterprise bonds.
RMB ordinary shares, fund bonds, warrants and other securities recognized by China Securities Regulatory Commission as mentioned in the preceding paragraph.
It's equity securities. Chapter II Qualification for Self-operation Article 6 A securities operating institution engaged in self-operation of securities shall obtain the qualification for self-operation of securities recognized by the China Securities Regulatory Commission and the Qualification Certificate for Self-operation of Securities issued by the China Securities Regulatory Commission (hereinafter referred to as the Qualification Certificate).
Securities institutions that have not obtained the qualification of securities proprietary business shall not engage in securities proprietary business.
Securities institutions shall not engage in securities proprietary business other than the securities proprietary business mentioned in Article 5 of these Measures. Article 7 To apply for securities proprietary business, a securities operating institution shall meet the following conditions:
(1) The net assets of a securities monopoly institution shall not be less than 20 million yuan, and the securities operating capital of a securities concurrent institution shall not be less than 20 million yuan.
(2) The net capital of a securities monopoly institution is not less than 654.38+million yuan, and the net working capital of a securities concurrent institution is not less than 654.38+million yuan.
The calculation formula of net capital as mentioned in these Measures is:
Net capital = net assets-(net fixed assets+long-term investment) ×30%- intangible and deferred assets-provision for losses-other long-term or high-risk assets recognized by China Securities Regulatory Commission.
The term "net working capital of securities" as mentioned in these Measures refers to the highly liquid funds specially used by securities institutions for securities business.
(3) More than two-thirds of the senior managers and major business personnel shall meet the following conditions before obtaining the qualification certificates of securities practitioners issued by the China Securities Regulatory Commission:
1. Senior management personnel have the necessary knowledge of securities, finance and law, and have no major violations of laws and regulations in the past two years, of which more than two thirds have more than two years working experience in the securities industry or more than three years financial business experience;
2. The main business personnel are familiar with the relevant business rules and operating procedures, and have no major violations of laws and regulations in the past two years, of which more than two thirds have more than two years of working experience in securities business or more than three years of working experience in financial business.
(4) The securities business institution has not committed any major violation of laws and regulations in the last year, or has not been punished for canceling the qualification of securities proprietary business as stipulated in these Measures in the last two years.
(5) The securities business institution has been established and officially opened for more than half a year; The securities business of a securities operating institution is operated and managed separately from other businesses.
(6) Having a special securities self-operated computer declaration terminal and other necessary facilities.
(seven) other conditions required by the China Securities Regulatory Commission. Article 8 A securities institution that meets the conditions listed in Article 7 shall submit the following documents to the China Securities Regulatory Commission when applying for the qualification to engage in securities proprietary business:
(1) An application form for securities proprietary business qualification uniformly printed by the China Securities Regulatory Commission;
(two) the license for financial business issued by the agency approval authority (copy);
(3) Business License for Enterprise as a Legal Person issued by the administrative department for industry and commerce (photocopy);
(4) The approved articles of association;
(5) An explanation of the internal management system of securities proprietary business.
(6) A certificate of capital verification of net assets or securities operating funds at the end of last year issued by an accounting firm qualified to engage in securities business;
(7) Balance sheet, income statement and statement of changes in financial position at the end of last year audited by an accounting firm with securities practice qualification;
(eight) the legal representative, the main person in charge and the main business personnel of the securities industry qualification certificates or resumes, professional certificates, etc ... ;
(9) Description of the securities business in the previous year. Securities institutions that have officially opened for less than one year shall submit a statement on the securities business from the opening date to the end of the previous year;
(ten) other documents required by the China Securities Regulatory Commission.