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Interim Measures For The Occupational Pension Fund Management Institution Qualification

Original Language Title: 企业年金基金管理机构资格认定暂行办法

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(December 31, 2004 Ministry of labor and social security announced 24th come into force on March 1, 2005) the first to standardize the corporate pension fund management institution qualification, in accordance with the People's Republic of China administrative licensing law and the administrative examination and approval items really necessary to be retained by the State Council decision of the establishment of an administrative license and relevant regulations of the State, these measures are formulated.     Second pension fund management institution in these measures, refers to pension fund management business, corporate trustee, account manager, custodian and investment manager, supplementary pension insurance agency.     Article bodies engaged in pension fund management business, must, in accordance with the procedure as provided herein, obtain the appropriate status of enterprise annuity fund management.     Ministry of labour and social security is responsible for the corporate pension fund management institution accreditation.     Article fourth eligibility criteria for pension fund management institution (hereinafter applicant) shall, in accordance with the content and format of the approach set out in the annex, apply in writing to the Ministry of labor and social security. Fifth article corporate trustee institutions should has following conditions: (a) by national financial regulatory sector approved, in China territory registered; (ii) registered capital many Yu 100 million Yuan Yuan, and in any when are maintained not less than 150 million Yuan Yuan of net worth; (three) has perfect of corporate governance structure; (four) made Enterprise annuity Fund practitioners qualification of full-time personnel reached provides number; (five) has meet requirements of business places, and     Security facilities and pension fund entrusted with the management of other business-related facilities; (vi) has a comprehensive internal auditing and monitoring system and risk control system; (VII) almost 3 years with no significant violations of and (VIII) other conditions stipulated by the State. Sixth article account management people should has following conditions: (a) by national about sector approved, in China territory registered of independent corporate; (ii) registered capital many Yu 50 million Yuan Yuan; (three) has perfect of corporate governance structure; (four) made Enterprise annuity Fund practitioners qualification of full-time personnel reached provides number; (five) has corresponding of enterprise annuity Fund account management information system; (six) has meet requirements of business places, and     Safety precaution facilities and other facilities related to pension fund management business; (VII) has comprehensive internal auditing and monitoring system and risk control system, (VIII) other conditions stipulated by the State.     (E) provision of occupational pension fund account management system specification, developed separately by the Ministry of labor and social security.     Seventh article managed people should has following conditions: (a) by national financial regulatory sector approved, in China territory registered of independent corporate; (ii) net worth many Yu 5 billion Yuan Yuan; (three) made Enterprise annuity Fund practitioners qualification of full-time personnel reached provides number; (four) has custody Enterprise annuity Fund property of conditions; (five) has security efficient of liquidation, and delivery system; (six) has meet requirements of business places, and security prevention facilities and and Enterprise annuity Fund managed business about of other facilities;     (VII) has comprehensive internal auditing and monitoring system and risk control system, (VIII) other conditions stipulated by the State.     Commercial person, should set up a specific fund managed Department. Eighth article investment management people should has following conditions: (a) by national financial regulatory sector approved, in China territory registered, has trustee investment management, and fund management or assets management qualification of independent corporate; (ii) integrated class securities company registered capital many Yu 1 billion Yuan Yuan, and in any when are maintained not less than 1 billion Yuan Yuan of net worth; fund management company, and trust and investment companies, and insurance assets management company or other professional investment institutions registered capital many Yu 100 million Yuan Yuan,     And in any when are maintained not less than 100 million Yuan Yuan of net worth; (three) has perfect of corporate governance structure; (four) made Enterprise annuity Fund practitioners qualification of full-time personnel reached provides number; (five) has meet requirements of business places, and security prevention facilities and and Enterprise annuity fund investment management business about of other facilities; (six) has perfect of internal audit monitoring system and risk control system; (seven) near 3 years no major illegal violations behavior; (eight) national provides of other conditions. Nineth labor and Social Security Department of the applicant's application should be dealt with separately according to the following conditions: (a) application error can be corrected on the spot, shall permit the applicant to be corrected on the spot, (ii) the application materials are incomplete or do not comply with the statutory format, it shall within 5 business days or inform all applicants need to supplement the content at a time.     Fails to inform the, shall be accepted as of the date of receipt of the application materials and (iii) the application materials are complete and comply with the statutory format, or correction all application materials submitted as requested by the applicant, Ministry of labour and social security shall accept an applicant.     Accepting or not accepting the application for the Department of labor and social security, should be sealed by the Ministry of labour and social security issued by a private seal and dated written confirmation.     Under judicial or regulatory authorities to initiate an investigation of the body, during the investigation period, labor and Social Security Department does not accept the application. Tenth after the Ministry of labor and social security accepts applicants, should set up an expert panel to review the application materials. Review Committee experts in accordance with professional generated randomly from the database.     Experts made up of representatives from relevant government departments and community professionals.     Expert committees review the applications for material staging classification in accordance with the principles, the time required by the Ministry of labor and social security informed the applicant in writing.     11th Ministry of labour and social security shall assign 2 or more staff as it deems necessary, according to the applicant's application materials for applicants for on-site inspection. 12th Ministry of labor and social security based on the expert review Committee review and on-site inspections, consultation in China after the China Banking Regulatory Commission, China Securities Regulatory Commission and China insurance regulatory Commission, qualification of enterprise annuity fund management institutions and identified within 10 working days of the date, the applicants will be issued certificate of the enterprise annuity fund management qualifications.     Certificate format uniformly printed by the Ministry of labor and social security.     The applicant has not obtained the status of enterprise annuity fund management, written notice by the Ministry of labor and social security, state the reasons and inform the applicant apply for administrative reconsideration or bring an administrative suit right.     13th Ministry of labor and social security, in conjunction with the China Banking Regulatory Commission, China Securities Regulatory Commission, the China insurance regulatory Commission, notices in national newspapers obtain the qualification for pension fund management institution.     14th Enterprise annuity Fund Manager certification is valid for 3 years, 3 months before the expiry of an application shall be submitted to the Ministry of labor and social security continues.     15th article has following case one of of, labor guarantees Department should handle enterprise annuity fund management institutions qualification of cancellation procedures: (a) Enterprise annuity fund management institutions qualification validity expires not continued of; (ii) Enterprise annuity fund management institutions law dissolved, and was law revoked, and was law declared bankruptcy or was law took over of; (three) Enterprise annuity fund management institutions qualification was law revoked of; (four) national provides of should cancellation Enterprise annuity fund management institutions qualification of other case.     Ministry of labour and social security to handle after the cancellation status of enterprise annuity fund management institutions, in conjunction with the China Banking Regulatory Commission, China Securities Regulatory Commission and China insurance regulatory Commission, notices in national newspapers.     16th the applicant concealed relevant information or provide false materials, labor and Social Security Department of inadmissible or not found status of enterprise annuity fund management institutions and warned applicants allowed to re-apply within the 1-year status of enterprise annuity fund management institutions.     17th claimant by bribery, fraud or other improper means to obtain the qualification for pension fund management institution, consult the labor and Social Security Department of the China Banking Regulatory Commission, China Securities Regulatory Commission, the China insurance regulatory Commission later disqualified; once again, the 3-year eligibility criteria for pension fund management institution constitutes a crime, judicial organs shall investigate the criminal liability.     Article 18th establishing and perfecting Enterprise annuity Fund of the Department of labor security supervision system, regular or irregular to relevant bodies of enterprise annuity fund management operations carried out supervision and inspection.     19th article this way come into force on March 1, 2005.     Annex: pension fund management institution eligible for contents and formats of material attachment: pension fund management institution eligible for material content and format, list of applications and content (a) the application form prepared by the labor and Social Security Ministry qualified to fill out the application form (can be downloaded from the Ministry of labor and social security website at www.molss.gov.CN).     (B) resource configuration instructions 1. pension fund management, private location safety instructions 2. equipment and systems related to pension fund management; 3. pension fund management information system processes, system test report (only for account management of eligible candidates); 4. company senior management, pension fund management and professional staffing and resume.     (Three) management system and process 1. basic system (1) company articles; (2) company governance structure and the organization structure description, if application more items qualification must on the business independence made description; (3) Enterprise annuity audit and risk control system; (4) Enterprise annuity management full-time personnel behavior specification; (5) Enterprise annuity management business post set and the post duties; (6) Enterprise annuity management business records and the archives management system; (7) crisis event report system and processing process.     2. the corporate trustee qualifications the applicant to provide supplementary material (1) select, monitor, evaluate, replace account manager, trustee, investment management and other agency systems and processes, (2) systems and processes strategic asset allocation and investment decisions.    3. account management qualifications the applicant to provide supplementary material (1) account management organization, (2) account management policies and procedures, and (3) customer service policies and procedures. 4. managed people qualification applicants added material (1) funds liquidation, and paid capacity and the electronic of level, basic situation overview, ensure funds liquidation security, and shortcut of system and the measures; (2) trading data and the financial data management system; (3) Fund managed business duties, and permission and business division; (4) investment management risk assessment program, and risk warning system and the investment operation monitoring system.     5. investment management and qualification of the applicant additional materials (1) occupational pension fund investment and risk management systems, (2) independent operation and management system of corporate pension fund assets, (3) occupational pension fund investment management system of risk reserves.     (Iv) self-regulation of the applicant undertaking 1. commitment application is true, accurate and complete; 2. commitment when you qualify, will strictly abide by the relevant laws and regulations, integrity and lawfulness, diligence in corporate pension fund management business. (Five) related proved material 1. national business administration sector issued of enterprise corporate license (copy) copies; 2. national business regulatory sector issued of business license (copy) copies; 3. national business regulatory sector issued of agreed letter original (limited to corporate trustee institutions or investment management people qualification applicants); 4. national business regulatory sector issued of managed business record accepted proved material original (limited to managed people qualification applicants); 5.     Issued by the accounting firm of applicants in recent 3 years financial audit report no reservations; 6. law firm applicants are independent legal persons, articles and other materials issued by the authenticity of the legal opinion.     These proof copies must be stamped with the company seal.     (F) operational feasibility report, paper, cover and the second number (a) paper A4 size paper and hardback clip binding of 245x315 mm specifications.     (B) the front and side 1. cover: "pension fund management institution-XXX (such as corporate trustee, account manager, trustee, or investment manager) eligible materials", applicant name, date of application, etc; 2. side: "XXX XXX corporate annuity fund management institutions eligible to apply for materials". (C) apart from the fixed format, font and page numbers, title font is fourth in imitation of remaining materials, main content font smaller fourth, imitation, 1.5 times the line spacing. Main material should be printed on both sides, centered page number on each page bottom, character size for the fifth.     According to the content sections the order page, for example: 1-4, 2-26, 3-58, or 1-4-1, 3-1-2, 3-4-21......, chapters should have separate pages. (D) the application materials by mail or through the Ministry of labour and social security Web site declared.  Submitted for the first time in 12 copies, one for the original.