China Securities Regulatory Commission For The Implementation Of Administrative Licensing Procedures

Original Language Title: 中国证券监督管理委员会行政许可实施程序规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201004/20100400253028.shtml

China Securities Regulatory Commission for the implementation of administrative licensing procedures

    (November 16, 2009, China Securities Regulatory Commission announced as of February 1, 2010, 66th) Chapter I General provisions

    First in order to standardize China's securities regulatory Commission (hereinafter referred to as the China Securities Regulatory Commission), the implementation of administrative licensing, perfecting the administrative permission system of securities and futures, in accordance with the administrative licensing law, the securities law, the securities investment fund law, and the laws, administrative regulations on futures trading management regulations, these provisions are formulated.

    Second administrative licensing in these rules refers to the CSRC on the natural persons, legal persons or other organizations (hereinafter the applicant) applications for review by the law, allowed to engage in specific activities of a securities and futures markets.

    Article III the implementation of administrative licensing of the CSRC, which procedures this provision shall be applicable.

    After obtaining the administrative licensing law of the applicant, application for change approvals, extended the administrative license is valid, these provisions shall apply.

    Fourth the CSRC in accordance with legal authority, scope, conditions and procedures for the implementation of administrative licensing, follow the principle of open, fair, just and convenient, efficient, and provide quality service.

    Legal, administrative regulations, the implementation of administrative licensing shall follow the principle of prudent supervision, from its provisions. Fifth CSRC legally authorized agency implementation of the administrative license.

    Authorizes the imposition of administrative license, the administrative licensing decisions are made on behalf of the Agency.

    Article sixth practice of unified acceptance, the implementation of administrative licensing of China Securities serve correction, once informed, reason, publicity and other systems.

    Chapter II general procedure

    Section I accepted

    Article seventh the implementation of administrative licensing of the CSRC, by specialized agencies (hereinafter referred to as accepting sector) conduct administrative permit application processing. Application materials submitted by the applicant under article VIII, receiving Department shall require the applicant to produce a letter of introduction, identification cards and other identity documents, and check. Applicants authorize any other person to submit the application materials, accepting sector should also require the trustee to submit the power of Attorney of the applicant, produce the trustee's identity document.

    Accept Department shall retain the applicant, copies of identification documents of the applicant Trustee.

    Application materials submitted by the applicant should fill out the application form. Article Nineth Department finds that application does not require administrative permission or does not fall within the ambit of China Securities Regulatory Commission, shall immediately inform the applicant inadmissible and issued not to accept notifications.

    Applications not part of the mandate of the CSRC in accordance with law, and shall also inform the applicant to apply to the relevant administrative authorities.

    Article tenth Department receives the application materials should be registered in a timely manner, and receive a voucher issued to the applicant the application materials. 11th the Department responsible for reviewing application materials (hereinafter referred to as examination Department) review of application materials form, require correction of application materials, shall be issued within 5 working days from the received date of the vouchers once all corrections requests made.

    Review of the Department shall not require the applicant to supplement the application many times materials.

    12th require corrections to the application materials, receiving Department shall issue a correction notice correction application needs of applicants have submitted applications for the materials used, application materials should be returned to the applicant and shall be registered.

    The applicant shall, within 30 working days from the date of the notice of correction correction application materials submitted.

    Receiving Department is responsible for receiving, correct application materials submitted by the applicant in accordance with the requirements.

    13th applicants before making the decision accepting the application request for withdrawal, entertain departments should inspect and retain applicant or the trustee's identity documents (or copies), power of Attorney, withdrawal of the report, recovery of application materials receive vouchers, application materials will be returned to the applicant upon registration.

    Application materials will be returned to the applicant, should retain a copy of the application (or a copy).

    14th applications belong to the China Securities Regulatory Commission terms of reference, application materials are complete and in compliance with the statutory form, the notice issued by the receiving Department accepts.

    Decides to accept the application, in accordance with the provisions of laws and administrative regulations, the applicant shall pay the relevant fees, receiving Department shall notify the applicant before paying, pay voucher recipients to accept notifications.

    15th of an applicant under any of the following circumstances, inadmissible applications decision:

    (A) notify the applicant correct application materials, make correction within 30 working days of the applicant failed to submit all application materials;

    (B) submitted within 30 days of the applicant's rectification application materials are still incomplete or not in compliance with the statutory form;

    (C) the laws, administrative regulations and other circumstances as stipulated by the CSRC. Decided not to accept the application, registration Department is not accepting notice, inform the applicant or the Trustees get application materials.

    Applicants or their trustees having application materials, entertain departments should inspect and retain applicant or the trustee's identity documents (or copies), power of Attorney, registration applications will be returned to the applicant.

    16th accept or not to accept an application for a decision, shall from the date of application materials receive vouchers issued by 5 working days or receive all the corrections made within two working days from the date of application, fails to make a decision or correction does not inform the applicant of the application materials and material receiving the certificate date of the vouchers shall be accepted.

    Section II reviews Article 17th review departments in the process of review of application material, that requires the applicant to provide a written description, explain, and roll up into a problem should in principle be written feedback.

    The applicant shall review within the period specified by the Department to submit a written response; it is really difficult, you can submit a written report for the delayed reply, and explain the reasons.

    Needed further clarification by the applicant, interpretation, review Department written feedback can be asked a second time, and requires the applicants to feedback in writing within 30 working days from the date of issue to submit a written response.

    Applicant's reply in writing ambiguous, complex, censors is difficult to make accurate judgments, head of the China Securities Regulatory Commission approved, you can increase the number of written feedback, and requires the applicants to feedback in writing within 30 working days from the date of issue to submit a written response. Written feedback by the receiving sectors informed, the applicant.

    Written responses submitted by the applicant, by the receiving Department is responsible for receiving, registration.

    Review staff of the Department is responsible for reviewing applications for the first time written feedback to inform, but before the applicant may not, applications, initiate contacts with the applicant or the Trustees. 18th requires applicants to submit written reply comments made, interpretation, review departments should assign more staff in the Office and applicants, applicants, hire intermediaries or the applicant Trustee meeting.

    Involve significant matters, censors shall prepare documents, and by the review staff, participation in the talks of the applicants, applicants hire intermediaries or trustee applicant signature confirmation.

    Written responses submitted by the applicant on its clarification, interpretation, simple to review staff either by telephone, fax, e-mail or any other means to handle and produce, retirement-related call, fax or email.

    Article 19th review departments in the process of review of application materials, in accordance with the statutory conditions and procedures, to direct or authorize the Agency about the content of the application materials for on-site verification.

    To report the material, the China Securities Regulatory Commission and its agencies can be verified in the following ways:

    (A) require the applicant to make written statements;

    (B) requested written clarification from relevant agencies with statutory responsibilities;

    (C) commissioned a field verification agency;

    (D) direct in situ verification;

    (E) the laws, administrative regulations and other verification methods prescribed by the CSRC.

    Need verification on the ground, the China Securities Regulatory Commission and its agencies shall be assigned more staff for verification.

    Section III of decision

    20th in the process of review of application materials, the applicant has one of the following situations, should be made to terminate the review decision, notify the applicant accordingly:

    (A) the applicant requested for withdrawal;

    (B) the applicant is a natural person, the death or incapacity of the natural person;

    (C) the applicant is a legal person or other organization, the legal person or other organization shall terminate;

    (D) the applicant fails to reply in writing within the prescribed time limit, and not report to the delayed reply, or having submitted a draft reply to the report, but did not state any reasons or reasons not adequate;

    (E) the applicant is not in the article 17th second and third paragraph within 30 business days to submit a written response.

    Article 21st asked for withdrawal of the applicant, shall submit a written report to accept departments receiving Department shall issue a termination notice for review, inspection and retained the identity document of the applicant or the trustee (or a copy of it), power of Attorney, retained a copy of the application (or a copy), applications will be returned to the applicant after registration.

    22nd article in the process of review of application materials, any of the following circumstances, suspension of examination should be made of the decision, notify the applicant accordingly:

    (A) the applicant for investigation into alleged violations by the Executive or judicial organs investigation closed yet, great influence on the administrative licensing items;

    (B) the applicant is the CSRC limit business activities, to order the rectification, other specified agencies managed, taken regulatory measures such as, have not been lifted;

    (C) the provisions of the relevant laws, administrative regulations and rules, needs to further clarify the specific meaning, asking the Agency for an explanation;

    (D) the applicant requested suspension of examination, justified.
Laws, administrative regulations and rules to cases otherwise provided in the preceding paragraph, from its provisions.

    22nd 23rd due to the provisions of article paragraphs (a) to (c) to discontinue consideration of the circumstances prescribed, the disappeared, the China Securities Regulatory Commission resume review, notify the applicant accordingly. The applicant requested suspension of examination, shall submit a written application to accept departments. Agreed to discontinue the review, accepting suspension issued by the Department shall review the notice. Applicant resume review, shall submit a written application to accept departments.

    Agreed to resume review, receiving Department shall issue a recovery notice for review.

    24th the CSRC on the applicant whether the application meets the legal conditions and standards, to grant or not the administrative licensing decision.

    No administrative licensing decision, you should grant administrative licensing decisions in the explanations, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    25th decision approving an administrative license is made under section needs to be issued certificates for administrative license shall be issued to the applicant the following certificates for administrative license:

    (A) approved by the China Securities Regulatory Commission documents;

    (B) the qualification certificate, certificate or other certificate of qualification;

    (C) permit, license or other permit book;

    (D) other certificates for administrative license as prescribed by law or administrative regulations.

    Chapter III summary procedure

    Article 26th matters simple, standard clear, applications using rich text administrative license and its implementation procedures applicable provisions of this chapter.

    Summary proceedings of administrative licensing items and make an announcement by the China Securities Regulatory Commission. 27th summary proceedings of administrative license, the accepted forms review of the sector, and make a decision on whether to accept or request for correction application materials.

    Application errors that can be corrected on the spot, receiving Department shall permit the applicant to be corrected on the spot. 28th review departments in reviewing the summary procedure of administrative Licensing application process, could apply to the applicant's oral problems in materials, require an applicant to describe, explain, and shall make the relevant records to sign to save.

    Written feedback is needed, in accordance with the provisions of the present article 17th.

    Article 29th of summary proceedings of administrative license, the censors, according to China Securities Regulatory Commission is responsible for the people authorized to grant or not the licensing, and affix the seal of the China Securities Regulatory Commission.

    The fourth chapter of special procedures

    30th Agency to conduct a preliminary review, the administrative licensing of China Securities Regulatory Commission to review and decide, by the Agency in accordance with the provisions of section I of chapter II the reception, registration materials, make admissibility decisions and the applicant.

    According to China Securities Regulatory Commission review and preliminary review of the Agency, made the decision granting or refusing permission.

    Article 31st of China Securities Regulatory Commission review, written opinion issued by the Agency's administrative license and its matters shall be handled in accordance with the provisions of section I of chapter II.

    According to China Securities Regulatory Commission review of the situation and the views of the Agency, made the decision granting or refusing permission.

    Article 32nd by the CSRC and other executive agencies to make decisions of an administrative license, sponsored by the China Securities Regulatory Commission, its matters shall be handled in accordance with the provisions of section I of chapter II. China Securities Regulatory Commission for review, will be transferred to the relevant administrative body to review the application materials to sign.

    Relevant administrative organs to review checks completed, according to China Securities Regulatory Commission sign to approve or not the licensing.

    Article 33rd by the CSRC and other executive agencies to make decisions of an administrative license, hosted by other administrative bodies, by the receiving Department receives, requests for registration materials.

    The China Securities Regulatory Commission after examining the sign, returned to host the executive authorities or to other administrative bodies of the need to sign.

    Chapter fifth term with service Article 34th except as provided in the fourth chapter of the preliminary review by the Agency of administrative license, the China Securities Regulatory Commission, and other administrative permission of executive agencies to make decisions, the implementation of administrative licensing of the CSRC shall, within 20 working days from the date of acceptance of the application administrative licensing decisions are made. Cannot make a decision on the administrative license within 20 working days, head of the China Securities Regulatory Commission approved, can be extended by 10 working days, and by the receiving Department will inform the applicant of the reasons for such further period.

    However, otherwise stipulated by laws, administrative regulations, and from its provisions. 35th Agency to conduct a preliminary review, administrative licensing of China Securities Regulatory Commission to review and make decisions, Agency shall accept administrative licensing applications within 20 working days from the date of this review has been completed and submitted to the China Securities Regulatory Commission preliminary review comments and all application materials. The CSRC shall receive within 20 working days from the date of the aforesaid material administrative licensing decisions are made.

    However, otherwise stipulated by laws, administrative regulations, and from its provisions.

    Article 36th needed problems in applicants of the application materials for description, explanation, from the date of written feedback sent to receive written submissions of the applicant's time, not counting the time provided in this chapter.

    37th administrative Licensing application need to be on-site verification or to report the material, from the date of verification decisions taken at the end of the verification time, not counting the time provided in this chapter. Article 38th needs specialists in the field of administrative license according to law, from the date of written notifications experts to participate in the Review Conference to the time required to review meeting, not counting the time provided in this chapter.

    Accept Department expert review meeting time required should be indicated in the acceptance notice.

    39th discontinue consideration of an application for administrative license in accordance with this article, from the date of written notice to discontinue consideration until the date of written notification to restore review time does not count within the time limit prescribed in this chapter.

    Section 40th decision of granting or refusing permission shall take a decision within 10 working days of administrative license provided for in these provisions shall serve on the applicant a 25th certificates or no written decision of administrative licensing.

    41st in the administrative licensing, examine application materials receive vouchers issued by the link, served notice of correction, receiving notice, refuse to accept administrative licensing documents such as notices, written feedback, administrative license seal shall be affixed to the CSRC.

    Preliminary review by the Agency of an administrative license, issued by the Agency in the acceptance of the administrative permission documents shall be stamped with the seal of administrative licensing of the CSRC's correspondence.

    In the service of the decision on the administrative license link to discontinue consideration of notification, recovery, review the notice, terminate the review notifications, the provisions of this article 25th administrative permits and no written decision of administrative licensing shall be stamped with the seal of the China Securities Regulatory Commission.

    42nd article correction notification, and accepted notification, and not accepted notification, and written feedback views, and suspended review notification, and recovery review notification, and terminated review notification, and this provides 25th article provides of administrative license documents, and not administrative license written decided, administrative license file, by accepted sector according to applicants selected of contact way and served way unified told, and served applicants, accepted sector should on served of situation for records and archive.

    Made pursuant to this article 30th, 31st written decision of administrative licensing should also be copied to the relevant agencies.

    Article 43rd administrative license files can be sent by mail, the applicant voluntarily receive, applicant, authorize any other person to receive notice, such as the applicant. 44th mailing administrative license files at the request of the applicant, accepting sector shall be served by registered mail or express mail, and shall be attached to the certificate of service, registered letter or express mail cover State administrative license file name.

    Accept Department shall promptly to the postal service requested that the applicant sign the postal receipt. 45th applicants receive their own administrative license files, processing Department shall require the applicant to produce letters, ID cards and other identification documents and to sign for it. Applicants authorize any other person to receive, receiving Department shall require the trustee to produce the applicant's Attorney, trustee of the identity document and sign for it.

    Accept Department shall retain the applicant, copies of identification documents of the applicant Trustee. Article 46th received within 5 business days of receiving notice of the applicant did not receive an administrative license file and accepting sector cannot be served by mail, service by public announcement.

    From the date of notice, after 60 days, the service shall be considered.

    The sixth chapter publicity

    47th administrative licensing matters, quantity, basis, conditions, procedures, deadlines, and require the applicant to submit all application materials catalog and model text of the application should be publicized, to facilitate inspection.

    According to law to hold national exams, and empowering citizens to engage in securities and futures-related business-specific qualification shall first public examination registration conditions, measures, subjects and syllabus.

    48th article of China Securities Regulatory Commission to take publicity in the following ways:

    (A) published in the China Securities Regulatory Commission Internet site;

    (B) the manual format of administrative licensing, and placed in the workplace;

    (C) the post office site;

    (D) other convenient modes of publicity.

    49th applicant request publicized description, interpretation, review departments identify, explain.

    50th decision on granting or not of an administrative license is made, shall take a decision within 20 working days from the date of the China Securities Regulatory Commission made public on the Internet website; however, involves State secrets, business secrets and personal privacy exception.

    The China Securities Regulatory Commission published bulletins on a regular basis, including the China Securities Regulatory Commission and its agencies to make the decision of granting or refusing to license.

    The seventh chapter by-laws

    51st laws, administrative rules and regulations relating to the implementation of administrative licensing procedures otherwise provided, from its provisions.

    Principle of these regulations stipulates that CSRC regulations and regulatory documents have a specific program requirements, in accordance with specific procedures shall apply.
Third, fourth chapter of these provisions not provided for by other programs, apply the provisions of chapter II.

    52nd receiving departments, review of the CSRC departments, agencies and their staff in the implementation of administrative licensing activities in violation of the provisions of the processing in accordance with the relevant provisions of the administrative permission law enforcement and supervision. 53rd these provisions come into force on February 1, 2010. The China Securities Regulatory Commission for the implementation of administrative licensing procedures (trial implementation) (Jian FA [2004]62) repealed simultaneously.