证券、期货投资咨询管理暂行办法 INTERIM MEASURES FOR THE ADMINISTRATION OF SECURITIES AND FUTURES INVESTMENT CONSULT

(Approved by the State Council on November 30, 1997 and promulgated by the Securities Commission under the State Council on December 25, 1997)
颁布日期：19971225 　实施日期：19980401 　颁布单位：国务院、 国务院证券委员会

　　Chapter I General Provisions

　　Article 1 These Measures are formulated with a view to strengthening the administration of securities and futures investment consultancy activities and safeguarding the lawful rights and interests of investors and public interest of society.

　　Article 2 These Measures must be complied with in engaging in securities and futures investment consultancy business within the territory of the People's Republic of China.

　　The securities and futures investment consultancy referred to in these Measures means the activities of the agencies and their consultants engaging in the securities and futures consultancy business in providing direct or indirect paid-for consultancy services for securities and futures investors or clients with securities and futures analyses, forecasts or proposals and other services in the following forms:

　　(1)to accept the entrustment of an investor or client and provide securities and futures investment consultancy services;

　　(2)to hold seminars, lectures and analysis meetings on securities and futures investment consultancy;

　　(3)to publish articles, commentaries and reports on securities and futures investment consultancy in newspapers and periodicals, and to provide securities and futures investment consultancy services through such mass media as radio stations, television stations and others;

　　(4)to provide securities and futures investment consultancy services through telephone, fax, computer networks and other telecommunications systems; and

　　(5)other forms authenticated by the China Securities Supervisory and Control Commission(hereinafter referred to as CSSCC).

　　Article 3 A business permit must be obtained from CSSCC in pursuance of the provisions of these Measures for engaging in securities and futures consultancy business. No institution or individual shall engage in securities and futures investment consultancy business in the forms listed in Article 2 of these Measures without the permission of CSSCC.

　　Securities operations agencies, futures brokerage firms and their staff should comply with the provisions of these Measures in engaging in securities and futures investment consultancy business beyond the respective scope of those agencies.

　　Article 4 Relevant provisions of relevant laws, regulations, rules and CSSCC must be complied with and the principle of objectiveness, fairness, honesty and good faith must be adhered to in engaging in securities and futures investment consultancy.

　　Article 5 CSSCC and its authorized local securities and futures supervisory and control departments(here in after referred to as local securities control offices(securities commissions) shall be responsible for the supervision and control of securities and futures investment consultancy business and be responsible for the implementation of these Measures.

　　Chapter II Securities and Futures Investment Consultancy Agencies

　　Article 6 The following qualifications shall be met for application for the operational qualifications of an agency for securities and futures investment consultancy:

　　(1)for an agency engaging in either securities or futures investment consultancy business respectively, there are over five full-time persons with employment qualifications for securities and futures investment consultancy; for an agency engaging in securities and futures investment consultancy business simultaneously, there are over ten full-time persons with employment qualifications for securities and futures investment consultancy; among its high-ranking managerial personnel, there must be at least one person with employment qualifications for secu

rities or futures investment consultancy;

　　(2)has a registered capital of over RMB one million Yuan;

　　(3)has a fixed business site and telecommunications and other information transmission facilities commensurate with the business;

　　(4)has a company constitution;

　　(5)has sound internal management rules; and

　　(6)has other qualifications required by CSSCC.

　　Article 7 Securities operations agencies and futures brokerage firms should conform to the qualifications provided for in Article 6 of these Measures before they may apply for engagement in securities and futures investment consultancy business beyond the respective scope of those agencies.

　　Other agencies engaging in consultancy businesses that conform to the qualifications provided for in Article 6 of these Measures may apply for concurrent operations of securities and futures investment consultancy business.

　　Article 8 An agency applying for operational qualifications for securities and futures investment consultancy shall follow the following procedures of examination and approval:

　　(1)An applicant shall file an application at the local securities control office(securities commission) of the locality authorized by CSSCC(where the local securities control office(securities commission) is not authorized by CSSCC, an applicant shall apply directly to CSSCC, same hereinafter), the local securities control office(securities commission) puts forth preliminary remarks on the examination upon agreement after examination and verification;

　　(2)the local securities control office(securities commission) shall submit the application papers agreed upon to CSSCC, and CSSCC shall issue a business permit to the applicant upon examination and approval and despatch a copy of the approval document to the local securities control office(securities commission); and

　　(3)CSSCC shall release to society the information on the applicants who have obtained the business permits in the form of announcements.

　　Article 9 An agency applying for operational qualifications for securities and futures investment consultancy should present the following documents:

　　(1)an application form uniformly printed by CSSCC;

　　(2)articles of as sociation of the company;

　　(3)business license of the legal entity;

　　(4)list of high-ranking managerial personnel and professional staff engaging in securities and futures investment consultancy of the agency and their educational background, work experiences and certificates of employment qualifications;

　　(5)the mode of investment consultancy business and rules and regulations for internal management;

　　(6)certificate for the business site, address for correspondence, telephone number(s) and fax number(s) of the agency;

　　(7)a capital certification report provided by a certified accountant; and

　　(8)other documents the presentation of which is required by CSSCC.

　　Article 10 A report on the changes shall be submitted to the local securities control office(securities commission)within five working days starting from the date of occurence of the changes when changes occur in the business mode, business site, main person-in-charge and professional staff with employment qualifications for securities and futures investment consultancy and go through the formalities for the changes.

　　Article 11 Securities and futures investment consultancy agencies should apply to local securities control offices(securities commissions) for annual inspection between January 1 and April 30 every year. The following documents should be presented in going through the annual inspection:

　　(1)an application report for annual inspection;

　　(2)Annual business report; and

　　(3)financial accounting statements audited by a certified accountant.

　　Local securities control offices(securities

commissions) should, within 20 working days starting from the date of receipt of the documents listed in the preceding paragraph, put forth remarks of examination and verification on the annual inspection applications; those agreed to upon examination and verification shall be submitted to CSSCC for examination and approval.

　　A securities and futures investment consultancy agency that fails to present the annual inspection report on expiry of the specified time period or fails to pass the annual inspection upon examination and verification must not continue to engage in securities and futures investment consultancy business.

　　Chapter III Securities and Futures Investment Consultants

　　Article 12 A person who engages in securities and futures investment consultancy business must obtain the employment qualifications for securities and futures investment consultancy and join an agency with operational qualifications for securities and futures investment consultancy before he/she may engage in securities and futures investment consultancy.

　　Any person who has no employment qualifications for securities and futures investment consultancy or who has the employment qualifications for securities and futures investment consultancy however has not worked in a securities and futures investment consultancy agency must not engage in securities and futures investment consultancy business.

　　Article 13 A securities and futures investment consultant who applies to obtain employment qualifications for securities and futures investment consultancy must have the following qualifications:

　　(1)has the nationality of the People's Republic of China;

　　(2)has full ability for civil acts;

　　(3)with moral integrity, honesty and has good professi

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