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CATALOGUE OF THE ADMINISTRATIVE APPROVAL ITEMS ABOLISHED BY CHINA SECURITIES REGULATORY COMMISSION (27 ITEMS) (SECOND BATCH)
 
(Announcement of China Securities Regulatory Commission on Canceling the Second Group of Administrative Approval Items and on Changing the Management Methods of Some Administrative Approval Items, April 1, 2003:

According to the requirements of the Decision of the State Council on Canceling the Second Group of Administrative Approval Items and on Changing the Management Methods of a Group of Administrative Approval Items (Docket No.5 [2003] of the State Council), the relevant matters concerning this commission's cancellation of the second group of administrative approval items and the change of management methods of some administrative approval items are hereby notified as follows:

1. Since the day of issuance of the decision of the State Council, February 27, 2003, China Securities Regulatory Commission (CSRC) has cancelled the second group of administrative approval items (27 items, see the appendix for the specific item names and the basis of establishment).

2. CSRC and the agencies thereof will no longer accept the relevant applications filed by the parties according to the administrative approval items that have been cancelled, and will no longer make examination and approval of such applications that have been accepted.

3. CSRC will issue special circulars with respect to the subsequent management methods and follow-up work related to the cancelled administrative approval items.

4. CSRS will start to sort out the departmental regulations and regulatory documents related to the second group of administrative approval items that have been cancelled, and the result will be publicized.

5. CSRC has decided to change the management methods of 7 administrative approval items, namely: "ratification of the qualification of securities practitioners", "ratification of the qualification of securities investment consultation practitioners", "record of information of stock underwriters", "assessment of the qualification of fund practitioners", "ratification of the qualification of futures practitioners", "ratification of the texts of futures brokerage contracts", as well as "ratification of the qualification of futures investment consultation practitioners". The above 7 administrative approval items shall be transferred to the Securities Association of China and the China Futures Association for self-regulation. CSRC will issue special circulars concerning the relevant transfer and subsequent management work.

6. After the second group of administrative approval items are abolished and the management methods for some administrative approval items are changed, CSRS will, according to the principle of prudent regulation and through enactment of the management criteria and standards, improve the regulatory means and strengthen the in-process inspection and ex post facto investigation and punishment to further strengthen the protection of the investors and the supervision and management of the relevant business activities)

     
     
SUBJECT : ADMINISTRATIVE APPROVAL ITEMS; ABOLISHMENT
ISSUING DEPARTMENT : CHINA SECURITIES REGULATORY COMMISSION
ISSUE DATE : 04/01/2003
IMPLEMENT DATE : 02/27/2003
LENGTH : 1,246 words
TEXT :
CATALOGUE OF THE ADMINISTRATIVE APPROVAL ITEMS ABOLISHED BY CHINA SECURITIES REGULATORY COMMISSION (27 ITEMS) (SECOND BATCH)

No.1
Item: Ratification of A share settlement bank
Establishment Basis: Measures of the Administration of Client Transaction Settlement Fund (Order No.3 of 2001 of CSRC)

No.2
Item: Record of the contracts signed between securities companies and depository banks, or chief depository banks
Establishment Basis: Measures of the Administration of Client Transaction Settlement Fund (Order No.3 of 2001 of CSRC)

No.3
Item: Record of the contracts signed between settlement companies and settlement banks
Establishment Basis: Measures of the Administration of Client Transaction Settlement Fund (Order No.3 of 2001 of CSRC)

No.4
Item: Record of the documents of the members' assembly of Stock Exchanges
Establishment Basis: Measures of the Administration of Stock Exchanges (Order No.4 of 2001 of CSRC)

No.5
Item: Record of the business agreements between securities registration and settlement institutions and Stock Exchanges
Establishment Basis: Measures of the Administration of Stock Exchanges (Order No.4 of 2001 of CSRC)

No.6
Item: Record of the suspension or restoration of the trading of listed securities by Stock Exchanges
Establishment Basis: Measures of the Administration of Stock Exchanges (Order No.4 of 2001 of CSRC)

No.7
Item: Approval of the suspension or restoration of the trading of listed securities by Stock Exchanges
Establishment Basis: Measures of the Administration of Stock Exchanges (Order No.4 of 2001 of CSRC)

No.8
Item: Record of listing agreements
Establishment Basis: Measures of the Administration of Stock Exchanges (Order No.4 of 2001 of CSRC)

No.9
Item: Record of the internal administrative systems and work procedures of securities registration and settlement institutions on business, finance and security etc
Establishment Basis: Measures of the Administration of Stock Exchanges (Order No.4 of 2001 of CSRC)

No.10
Item: Approval of the period for keeping of original business proofs fixed by securities registration and settlement institutions
Establishment Basis: Measures of the Administration of Stock Exchanges (Order No.4 of 2001 of CSRC)

No.11
Item: Examination and approval for the services provided by Stock Exchanges for the transaction types that are not listed by them
Establishment Basis: Measures of the Administration of Stock Exchanges (Order No.4 of 2001 of CSRC)

No.12
Item: Examination and acceptance of the preparation for establishment of securities companies
Establishment Basis: Circular of CSRC on distributing the Several Opinions on Further Strengthening the Regulation of Securities Companies (Docket No.14 [1999] of CSRC)

No.13
Item: Examination and approval of the establishment of securities institutions abroad by non-securities institutions
Establishment Basis: Circular of the General Office of the State Council on Distributing the Provisions on the Functions, Internal Structures and Personnel Establishment of China Securities Regulatory Commission (Docket No.31 of the General Office of the State Council), Measures of the Administration of Overseas Financial Institutions (Order No.1 of 1990 of the People's Bank of China)

No.14
Item: Ratification of the change, addition or reduction of representatives, deputy representatives, and staff members of foreign nationalities or from Hong Kong, Macao and Taiwan by the representative offices in China of foreign securities institutions
Establishment Basis: Circular of CSRC on Promulgation of the Measures of the Administration of Representative Offices in China of Foreign Securities Institutions (Docket No. 26 [1996] of CSRC)

No.15
Item: Record of the employment of Chinese citizens to be ordinary staff members by the representative offices in China of foreign securities institutions
Establishment Basis: Circular of CSRC on Promulgation of the Measures of the Administration of Representative Offices in China of Foreign Securities Institutions (Docket No. 26 [1996] of CSRC)

No.16
Item: Ratification of the representatives and deputy representatives of the representative offices in China of foreign securities institutions
Establishment Basis: Circular of CSRC on Promulgation of the Measures of the Administration of Representative Offices in China of Foreign Securities Institutions (Docket No. 26 [1996] of CSRC)

No.17
Item: Examination and approval of the cancellation of securities institutions set up overseas by domestic non-securities institutions
Establishment Basis: Circular of the General Office of the State Council on Distributing the Provisions on the Functions, Internal Structures and Personnel Establishment of China Securities Regulatory Commission (Docket No.31 of the General Office of the State Council), Measures of the Administration of Overseas Financial Institutions (Order No.1 of 1990 of the People's Bank of China), Circular of the People's Bank of China and China Securities Regulatory Commission on Distributing the Scheme on Handover of the Duties of Regulation of Securities Institutions (Docket No.30 [1998] of the People's Bank of China)

No.18
Item: Recommendation for the securities companies entering the Inter-bank borrowing market
Establishment Basis: Circular of the People's Bank of China on Distributing the Provisions on the Administration of the Fund Management Companies' Entering the Inter-bank Borrowing Market and the Provisions on the Administration of the Securities Companies' Entering the Inter-bank Borrowing Market (No.288 [1999] of the People's Bank of China)

No.19
Item: Designation of the training institutions of securities practitioners
Establishment Basis: Circular of the Securities Commission of the State Council on Distributing the Interim Provisions on the Administration of the Qualification of Securities Practitioners (Docket No.6 [1995] of the Securities Commission)

No.20
Item: Record of the personnel employed by securities intermediary institutions
Establishment Basis: Circular of the Securities Commission of the State Council on Distributing the Interim Provisions on the Administration of the Qualification of Securities Practitioners (Docket No.6 [1995] of the Securities Commission)

No.21
Item: Record of the change of employers of securities practitioners
Establishment Basis: Circular of the Securities Commission of the State Council on Distributing the Interim Provisions on the Administration of the Qualification of Securities Practitioners (Docket No.6 [1995] of the Securities Commission)

No.22
Item: Record of the part-time jobs in non-commercial institutions of the managerial personnel and fund managers
Establishment Basis: Circular of China Securities Regulatory Commission on Promulgation of No.6 Rule of Implementation of the Interim Measures of the Administration of Securities and Investment Fund ¨C Interim Provisions on the Administration of the Qualification of Fund Practitioners (No.53 [1999] of CSRC)

No.23
Item: Record of the appointment and dismissal of the assistants to the general manager and department managers of fund management companies and fund trustee departments
Establishment Basis: Promulgation of No.6 Rule of Implementation of the Interim Measures of the Administration of Securities and Investment Fund ¨C Interim Provisions on the Administration of the Qualification of Fund Practitioners (No.53 [1999] of CSRC)

No.24
Item: Record of the relevant materials of establishment of offices within China by fund management companies
Establishment Basis: Circular of CSRC on the Relevant Issues Concerning the Establishment of Branches within China by Fund Management Companies

No.25
Item: Examination and approval for the establishment of futures and investment consultation institutions
Establishment Basis: Circular of the Securities Commission of the State Council on Promulgation of the Interim Measures of the Administration of Securities and Futures Investment Consultation (Docket No.96 [1997] of the Securities Commission of the State Council)

No.26
Item: Review of the letters of legal advice issued by Chinese lawyers concerning the issuing of stocks and listing overseas by overseas companies involving domestic rights and interests
Establishment Basis: Circular of CSRS on the Relevant Issues Concerning the Issuing of Stocks and Listing Abroad by Overseas Companies Involving Domestic Rights and Interests (Docket No.72 [2000] of CSRC)

No.27
Item: Record of the agreements on listing of convertible company bonds
Establishment Basis: Circular of the Securities Commission of the State Council on Promulgation of the Interim Measures of the Administration of Convertible Company Bonds (Docket No.6 [1997] of Securities Commission of the State Council)
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