Article 6 of China's "Company Law" stipulates in principle that those who meet the conditions for establishment shall be registered as limited liability companies or joint stock limited companies respectively by the company registration authority. Article 93 of the Company Law stipulates that if a joint stock limited company is established by offering shares to the public, it shall also submit the approval documents of the State Council Securities Regulatory Authority to the company registration authority.
The relevant laws and regulations regulating the operation of fund companies are based on the People's Republic of China (PRC) Securities Investment Fund Law and the Measures for the Administration of Securities Investment Fund Management Companies, supplemented by the People's Republic of China (PRC) Trust Law and the Interim Measures for the Administration of Private Equity Investment Funds.
The extended information (1) shareholders comply with the provisions of the Securities Investment Fund Law and these Measures;
(2) Having articles of association that comply with the Securities Investment Fund Law, the Company Law and the provisions of the China Securities Regulatory Commission.
(3) The registered capital shall be no less than RMB 654.38+0 billion, and the shareholders must make contributions in cash, and the overseas shareholders shall make contributions in freely convertible currencies;
(4) There are no less than 65,438+05 senior managers and business personnel who meet the requirements of laws, administrative regulations and the China Securities Regulatory Commission and engage in research, investment, valuation, marketing and other work, and have obtained the qualification for fund practice;
(5) Having business premises, safety precautions and other business-related facilities that meet the requirements;
(6) Setting up organizations and posts with reasonable division of labor and clear responsibilities;
(7) Having internal control systems such as supervision, auditing and risk control that meet the requirements of the China Securities Regulatory Commission;
(8) Other conditions approved by the State Council and stipulated by the China Securities Regulatory Commission.
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