China Securities Regulatory Commission, Measures on the Administration of the Qualifications of the Directors, Supervisors and Senior Management Personnel of Futures Companies

中国证券监督管理委员会期货公司董事、监事和高级管理人员任职资格管理办法

September 02, 2007 | BY

clpstaff &clp articles &

The appointment of a chief risk officer required in futures companies.

Clp Reference: 3700/07.07.04 Promulgated: 2007-07-04 Effective: 2007-07-04

Promulgated: July 4 2007
Effective: As of date of promulgation

Applicability: The term "senior management personnel" refers to the general manager, deputy general manager, chief risk officer (hereinafter, Management Personnel), person in charge of finance, person in charge of the sales department and personnel who actually perform the above duties (Article 2).

Main Contents: A person applying to be an independent director, the chairman of the board of directors, the chairman of the supervisory board or a member of Management Personnel of a futures company shall pass the qualification test recognized by the China Securities Regulatory Commission (CSRC). A person applying to be the chairman of the board of directors, chairman of the supervisory board, general manager or deputy general manager shall also have at least three years of experience in the futures business or at least four years of experience in another financial business or at least five years of experience in practising law or accounting. A person intending to be the general manager or deputy general manager shall also have assumed the position of the person in charge of a department or a higher level position of a financial institution such as a futures company or a securities company for no less than two years or have management work experience in equivalent positions (Articles 8, 10-12).

Article 15 states that the legal representative of a futures company shall have futures practitioner's qualifications. The percentage of foreign Management Personnel in a futures company may not exceed 30% of the total number of Management Personnel in the company (Article 32).

Related Legislation: PRC Company Law (Amended), Oct 27 2005, CLP 2005 No.10 p.21; and Regulations for the Administration of Futures Trading, Mar 6 2007, CLP 2007 No.7 p.11

Repealed Legislation: Measures for the Administration of the Qualifications of Senior Management Personnel of Futures Brokerages (Revised), Jan 23 2002; Circular on Issues Relevant to the Review of the Qualifications of Senior Management Personnel of Futures Brokerages, 2004; Working Rules for the Annual Inspection of the Qualifications of Senior Management Personnel of Futures Brokerages, 2003; and Circular on Implementing the Pursuit of Liability of Senior Management Personnel and Related Personnel of Futures Companies that are Suspected of Violating Laws or Regulations, 2005

clp reference:3700/07.07.04promulgated:2007-07-04effective:2007-07-04

This premium content is reserved for
China Law & Practice Subscribers.

  • A database of over 3,000 essential documents including key PRC legislation translated into English
  • A choice of newsletters to alert you to changes affecting your business including sector specific updates
  • Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
For enterprise-wide or corporate enquiries, please contact our experienced Sales Professionals at +44 (0)203 868 7546 or [email protected]