Establishment of Fund Management Companies with Foreign Equity Participation Rules

外资参股基金管理公司设立规则

A detailed set of rules which governs the establishment of fund management companies with foreign equity participation.

(Promulgated by the China Securities Regulatory Commission on June 1 2002 and effective as of July 1 2002.)

(中国证券监督管理委员会於二零零二年六月一日发布,自二零零二年七月一日起施行。)

Article 1: These Rules are formulated in accordance with the relevant provisions of the Company Law and the Administration of Securities Investment Funds Tentative Procedures (the Tentative Procedures) in order to meet the needs of the opening of the securities market to foreign investment, to strengthen the oversight of fund management companies with foreign equity participation and to clarify the conditions and procedures for the establishment of fund management companies with foreign equity participation.

第一条  为了适应证券市场对外开放的需要,加强对外资参股基金管理公司的监督管理,明确外资参股基金管理公司的设立条件和程序,根据《公司法》和《证券投资基金管理暂行办法》(以下简称《暂行办法》)的有关规定,制定本规则。

Article 2: For the purposes of these Rules, "fund management companies with foreign equity participation" includes domestic fund management companies that have changed as a result of equity therein being assigned to or subscribed for by overseas shareholders as well as fund management companies that have been jointly invested in and established by foreign and domestic shareholders.

第二条  本规则所称外资参股基金管理公司包括境外股东受让、认购境内基金管理公司股权而变更的基金管理公司,或者境外股东与境内股东共同出资设立的基金管理公司。

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