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UPDATED: August 29, 2007 NO.34 AUG.23, 2007

境外证券交易所
驻华代表机构管理办法 (4)

Measures for the Administration of Foreign Stock Exchanges' Representative Offices in China

2007年05月20日中国证券监督管理委员会颁布,
自2007年7月1日起施行

Promulgated by the China Securities Regulatory Commission on May 20, 2007 and effective as of July 1, 2007

 
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Article 7 The CSRC will accept and examine the application materials for establishment as filed by the applicant. Where the CSRC decides to approve an application, it shall produce an approval document.

Article 8 Within 90 days upon approval of the CSRC, a representative office shall handle the procedures for industrial and commercial registration as well as taxation registration upon the approval document, move into a fixed office, and report the matters as follows to the CSRC in written form:

(1) Certificates on industrial and commercial registration and taxation registration;

(2) A certificate for the lawful right to use the office;

(3) The telephone number, fax number and post address of the office; and

(4) The mobile phone number and email address of the chief representative.

In case the representative office, within the time limit provided above, fails to file a written report with the CSRC, the original approval document shall be automatically abated.

Article 9 The name of a representative office shall be composed of the following contents in an order as: "the name of the country or region where the foreign stock exchange is located," "the name of the foreign stock exchange," "the name of the local city" and "the representative office."

Article 10 Other main staff members of a representative office shall be referred to as "representatives" or "deputy representatives" except for the chief representative.

Article 11 The qualification for the chief representative of a representative office to hold the post shall acquire the approval of the CSRC. A chief representative shall satisfy the requirements as follows:

(1) Well knowing the finance laws and regulations of China;

(2) Having a bachelor's degree or above, 10 years or more of experience in finance or economy, and three years or more of experience in undertaking Chinese-related business in the latest five years; and

(3) Having a good character and no record of criminal or administrative penalty.

Article 12 To appoint a representative or deputy representative, within five working days as of the date of appointment, a representative office shall report the name, identity certificate and resume of that person to the CSRC for archival purpose.

Chapter III Alteration and Cancellation

Article 13 Where a representative office changes its name, it shall submit an application to the CSRC, and file an application letter signed by the board chairman (governor-general) or general manager of its stock exchange as well as other documents as required by the CSRC.

Article 14 Where a representative office changes its chief representative, it shall submit an application to the CSRC, and file an application letter signed by the board chairman (governor-general) or general manager of its stock exchange as well as the related materials provided in Items (8) up to (11) of Article 6 of these Measures.

Article 15 The CSRC will accept and examine the application materials for changing the name or chief representative submitted by the applicants. It shall reissue an approval document if the CSRC decides to approve an application.

Article 16 Where a representative office changes, adds or reduces a representative or deputy representative, it shall report the name, identity certificate and resume of the person to the CSRC for archival purpose within five working days as of the alteration.

Article 17 A representative office can change its office only inside the city where it is located. Within five working days as of the alteration, the representative office shall report the matters as follows to the CSRC in written form:

(1) A certificate for the lawful right to use the new office; and

(2) The telephone number, fax number and post address of the new office.

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