Commercial Presence in China
General Commitments
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Representative offices of foreign securities institutions may become Special
Members of all Chinese stock exchanges.
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China has agreed to issue licenses solely on the basis of prudential criteria,
without any economic needs test or quantitative limits on licenses.
Fund Management
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Foreign securities institutions may establish joint ventures, with a maximum
foreign investment of 33 percent, to conduct domestic securities investment
fund management business. By December 11, 2004, foreign investment may
be increased to 49 percent.
Underwriting and Trading
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By December 11, 2004, foreign securities institutions may establish joint
ventures, with a maximum foreign investment of 33 percent, to engage in
(without a Chinese intermediary) the underwriting of A shares, the underwriting
and trading of B and H shares and government and corporate debts, and the
launching of new funds.
Presence of Natural Persons in China
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Managers, executives, and specialists of a representative office, branch,
or subsidiary in China, temporarily moving as intra-corporate transferees,
will be permitted an initial stay of three years.
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Managers, executives, and specialists of foreign-invested enterprises in
China will be granted a long-term stay permit as stipulated in the terms
of contracts concerned or an initial stay of three years, whichever is
shorter.
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Service salespersons who are not based in China, and who meet certain other
conditions set out in China’s services schedule, are limited to a 90-day
stay.
Cross-Border Supply of Services
Fund Management
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China reserves the right to place market access restrictions on the cross
border supply of fund management services.
Underwriting and Trading
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Foreign securities institutions may engage directly (i.e., without a Chinese
intermediary) in the underwriting and trading of B shares.
Consumption of Services Abroad
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The provision of securities services outside of China is not subject to
market access restrictions and is accorded national treatment
Acquired Rights of Foreign Service Suppliers
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The conditions of ownership, operation, and scope of activities for an
existing foreign service supplier, as set out in the supplier’s contract
or shareholders’ agreement or in a license establishing or authorizing
the supplier’s operation or supply of services, will not be made more restrictive
than they were on December 11, 2001.
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