证券业从业人员资格管理办法 Order of China Securities Regulat

中国证券监督管理委员会令第14号

颁布日期：20021216 　实施日期：20030201 　颁布单位：中国证券监督管理委员会

　　No.14

　　The Measures for the Administration of the Qualifications of Securities Practitioners² were adopted at the 16th president executive meeting of China Securities Regulatory Commission on October 22， 2002， and are hereby promulgate³ and shall come into force on February 1， 2003.

　　Zhou Xiaochuan， President

　　December 16， 2002

　　Measures for the Administration of the Qualifications of Securities Practitioners

　　Chapter I General Rules

　　Article 1 In order to strengthen the administration of the qualifications of securities practitioners， to promote the normalized development of the securities market and to protect the legitimate⁴ rights and interests of the investors⁵， these Measures are enacted⁶ in accordance with the Securities Law of the People's Republic of China.

　　Article 2 The professionals， who undertake securities business in the institutions engaging in securities business pursuant to law （hereinafter referred to as institutions）， shall obtain the practice qualification and certificate according to these Measures.

　　Article 3 Institutions as used in these Measures refer to：

　　（1） Securities companies；

　　（2） Fund management companies， fund custodian⁷ institutions， and fund sale institutions；

　　（3） Securities investment consulting institutions；

　　（4） Securities credit evaluation⁸ institutions；

　　（5） Other institutions engaged in the securities business as provided for by China Securities Regulatory Commission （hereinafter referred to as CSRC）。

　　Article 4 Securities professionals used in these Measures refer to：

　　（1） Professionals undertaking⁹ proprietary¹⁰ trading， brokerage， underwriting， investment consulting， entrusted¹¹ investment management， etc.， in securities companies， including the managerial personnel of the relevant business departments；

　　（2） Professionals undertaking fund sale， study and analysis， investment management， trading， supervision¹² and auditing¹³， etc.， in fund management companies and fund custodian companies， including the managerial personnel of the relevant business departments； professionals engaging in fund publicity¹⁴， marketing¹⁵， consulting， etc.， in fund sale institutions， including the managerial personnel of the relevant business departments；

　　（3） Professionals undertaking securities investment consulting in securities investment consulting institutions and the managerial personnel thereof；

　　（4） Professionals undertaking securities credit evaluation in securities credit evaluation institutions and the managerial personnel thereof；

　　（5） Other personnel that need to obtain the practice qualification and certificate as provided for by CSRC.

　　Article 5 China Securities Association （hereinafter referred to as Association） is in charge of the practice qualification exam for practitioner¹， issuance of practice certificate and practice registration¹⁶， etc.， pursuant to these Measures.

　　Article 6 CSRC shall direct and supervise the Association's work relating to the administration of qualification for securities practitioner.

　　Chapter II Obtaining of Practice Qualification and Practice Certificate

　　Article 7 Whoever taking part in a qualification exam shall reach the age of 18， have at least a high school degree and have full civil capacity.

　　Article 8 The qualification exam shall be organized by the Association. Those passing the exam will be qualified¹⁷ for practice.

　　Article 9 Classified professional exams will not be employed in the practice qualification exam， which include a basic subject and a professional subject.

　　According to the development of securities market， the Association may organize， aside from the qualification exam， other exams for different specialties¹⁸， which will not be compulsory¹⁹ exams and may be chosen by the practitioners themselves， and the results of such exams will be referred to by the institutions in employment.

　　Article 10 A person that is qualified for practice and meets the following conditions may apply for the practice license²⁰ through the institution：

　　（1） Being employed by the institution；

　　（2） Having not been given criminal punishment in the last three years；

　　（3） Not being in any situation provided for in Article 126 of the Securities Law of the People's Republic of China；

　　（4） Not being prohibited from the securities market by CSRC， or the prohibition²¹ has expired；

　　（5） Behaving well and having good professional ethics²²；

　　（6） Other conditions provided for in laws and administrative²³ regulations and by CSRC.

　　To apply for practicing securities investment consulting and securities credit evaluation， the applicant²⁴ shall， at the same time， meet Article 158 of the Securities Law of the People's Republic of China and other relevant provisions.

　　Article 11 If the applicant meets the conditions provided for in these Measures， the Association shall put on record with CSRC and issue the practice license within 30 days from receiving the application； if the conditions of these Measures are not met， the Association will not issue the practice license， and shall notify the applicant or institution and explain the reasons in written form within 30 days from receiving the application.

　　Article 12 Qualification certificates are not classified. A person with practice certificate may， upon appointment， carry out securities business on behalf of the institution that has employed him.

　　Chapter III Supervision and Administration

　　Article 13 Where a person with practice certificate hasn't practiced in an institution for 3 consecutive²⁵ years， the Association shall nullify his practice certificate； if the person wishes to practice again， he shall participate in the practice training organized by the Association and apply for the practice certificate over again.

　　Article 14 After a practitioner has obtained the practice certificate， if he resigns or is not employed by the institution that employed him any more， or cancels the labor²⁶ contract with the institution that employed him for other reasons， the said institution shall report to the Association within 10 days after occurrence of the aforesaid situation， and the Association shall alter the practice registration of that person.

　　If a practitioner with practice certificate become employee of another institution， the new employer institution shall report to the Association within 10 days after occurrence of the aforesaid situation， and the Association shall alter the practice registration of that person.

　　Article 15 An institution may not employ any person without practice certificate to carry out securities business.

　　Article 16 Where a practitioner， in the course of practice， violates the relevant securities laws and administrative regulations and the relevant provisions of CSRC and is punished by the employer institution， the institution shall report to the Association within 10 days after the punishment.

　　Article 17 The Association and institutions shall arrange follow-up professional training for the personnel with practice certificates to raise their professional ethics and quality.

　　Article 18 The measures for practice qualification exam， exam outline， administration measures on practice certificate and practice rules etc formulated²⁷ by the Association pursuant to these Measures and the relevant provisions of CSRC shall be submitted to SCRS for approval.

　　Article 19 The Association shall establish an administration database of practitioner qualification to administer the qualification proclamation and practice registration.

　　Chapter IV Rules for Punishment

　　Article 20 If anyone participating in a qualification exam violates the exam room rules or disrupt the exam room order， he may not participate in the qualification exam within 2 years.

　　Article 21 If any person with practice qualification provides false materials in application for practice certificate， he will not be issued the practice certificate； if the practice certificate has already been issued， it will be nullified by the Association.

　　Article 22 If an institution practices fraud， seeks private benefits through wrongful means and willfully creates difficulties for the relevant parties in the application for practice certificate， or fails to perform the obligation of report pursuant to the provisions， the Association shall order it to correct； if it refuses to do so， the Association shall give disciplinary sanctions to the directly responsible personnel； if the circumstances are serious， CSRC will impose separately or concurrently²⁸ a warning and a fine of no more than 30，000 yuan.

　　Article 23 If an institution employs any person without practice certificate to carry out securities business， the Association shall order the institution to correct； if it refuses to do so， it shall be given disciplinary sanctions； if the circumstances are serious， CSRC will impose separately or concurrently a warning and a fine of no more than 30，000 yuan.

　　Article 24 If a practitioner refuses the investigation²⁹ or inspection³⁰ conducted by the Association， or the institution employing that practitioner refuses to cooperate in the investigation， the Association shall order the offender³¹ to correct； if it refuses to do so， it will be given disciplinary sanctions； if the circumstances are serious， CSRC will punish the practitioner by suspending him from practice for 3 to 12 months or revoking³² his practice certificate； and impose on the institution separately or concurrently a warning and a fine of no more than 30，000 yuan.

　　Article 25 For a person whose practice certificate has been revoked³³ by CSRC pursuant to law or nullified by the Association for violation³⁴ of these Measures， the Association may reject his application for practice certificate in 3 years.

　　Article 26 If any staff of the Association fails to perform his duties pursuant to these Measures， seeks private benefits through wrongful means， neglects his duties or willfully creates difficulties for the relevant parties， the Association shall give him disciplinary sanctions.Chapter 5 Supplementary³⁵ Rules.

　　Article 27 Those that hold securities brokerage qualification certificates， qualification certificates for issuing securities as agent， securities investment consulting qualification certificates and fund practice qualification certificates may directly apply for the practice certificates.

　　Those holding two or more aforesaid certificates may obtain professional level certification according to the provisions of the Association.

　　Article 28 Administration of the qualification for senior managerial personnel of the institutions shall be separately provided for by CSRC.

　　Article 29 These Measures shall enter into force on February 1， 2003. The Interim³⁶ Administration Provisions on Qualification for Securities Practitioner shall be repealed³⁷ at the same time.