Article 2 The classification of futures companies refers to the classification evaluation and determination of futures companies according to the risk management ability, market competitiveness, the status of cultivating and developing institutional investors and the status of continuous compliance.
Article 3 The China Securities Regulatory Commission shall, in accordance with the principles of market development and prudent supervision, formulate and adjust the classification evaluation indexes and standards of futures companies in a timely manner on the basis of soliciting opinions from the futures industry and other relevant parties.
Article 4 The classified evaluation of futures companies shall be organized and implemented by the China Securities Regulatory Commission and its dispatched offices, and the principles of legality, objectivity and impartiality shall be adhered to.
Article 5 The China Securities Regulatory Commission shall set up a futures company classification supervision review committee (hereinafter referred to as the review committee) to be responsible for the review and other matters.
The review committee consists of China Securities Regulatory Commission, China Futures Association, China Futures Margin Monitoring Center Co., Ltd. (hereinafter referred to as the Futures Margin Monitoring Center) and relevant personnel of the futures exchange. The methods of formation, organizational structure, working procedures and rules of procedure of the IEC shall be formulated separately by the China Securities Regulatory Commission.
Article 6 The personnel participating in the classified evaluation of futures companies shall have corresponding professional quality, professional ability and supervision experience, adhere to principles, be honest and conscientious.
Article 7 The China Securities Regulatory Commission and its dispatched offices shall, according to the classification results, rationally allocate regulatory resources and implement different regulatory policies for different types of futures companies.
Classified evaluation cannot replace the regulatory measures of China Securities Regulatory Commission and its dispatched offices. Article 8 The risk management capability of a futures company is mainly evaluated according to six evaluation indexes, such as customer asset protection, capital adequacy, corporate governance, internal control, information system security and information disclosure, and according to the Evaluation Indicators and Standards for Risk Management Capability of Futures Companies (see Annex), which reflects the control and management capability of futures companies for various risks.
(1) Protection of customer assets. Mainly reflects the futures company's customer asset security mechanism, customer asset security, customer service and customer management level, reflecting its operational risk management ability.
(2) Sufficient capital. It mainly reflects the risk supervision indicators and management of futures companies with net capital as the core, and reflects their capital strength and liquidity.
(3) Corporate governance. It mainly reflects the governance and standardized operation of futures companies and their compliance risk management capabilities.
(4) Internal control. It mainly reflects the effective operation of the internal control system of futures companies and their internal control management level.
(5) Information system security. It mainly reflects the stability, security and technical risk management ability of the information system of futures companies.
(6) information publicity. It mainly reflects the timeliness, authenticity, accuracy and completeness of information disclosure of futures companies, and reflects their integrity risk management ability.
Article 9 The market competitiveness of a futures company is mainly evaluated according to its business scale, cost management ability and profitability during the evaluation period, including the following contents:
(1) Total daily average customer equity;
(2) Income from futures business;
(3) Cost management ability;
(4) net profit;
(5) Return on net assets.
Article 10 The training and development of institutional investors by futures companies shall be evaluated mainly on the basis of their services to industry customers and their role in optimizing the structure of investors in the futures market, including the following contents:
(1) Average daily positions held by institutional customers.
(2) Average daily rights and interests of institutional customers;
(3) The daily average rights and interests of institutional customers increased.
Article 11 The continuous compliance status of a futures company is mainly evaluated according to the illegal behaviors of the futures company during the evaluation period, the disciplinary action by the self-regulatory organization of the futures industry, the regulatory measures and administrative punishment by the China Securities Regulatory Commission and its dispatched institutions, or the criminal punishment by the judicial organs. Article 12 The benchmark for futures companies operating normally is 100. On the basis of the benchmark score, according to the evaluation indicators and standards of the futures company's risk management ability, market competitiveness, the status of cultivating and developing institutional investors, and the continuous compliance status, the corresponding score is added or deducted to determine the evaluation score of the futures company.
Article 13 If the evaluation indicators of six types of risk management capabilities of a futures company, such as customer asset protection, capital adequacy, corporate governance, internal control, information system security and information disclosure, fail to meet the specific evaluation criteria, 0.5 point will be deducted for each item.
Article 14 If the market competitiveness of a futures company meets the following conditions, it shall be given corresponding bonus points according to the following principles:
(1) During the evaluation period, the total daily average customer equity of futures companies ranked among the top five in the industry, 6- 10,1-20, 2 1-30, 3 1-40 and 4/kloc. During the evaluation period, if the turnover rate of futures companies' positions is lower than the average level of the whole industry by 50%, no index will be added.
(2) If the income of futures business of futures companies in the evaluation period is before the industry 10, 1 1 to 20, 2 1 to 30, 3 1 to 40, 4 1 to 60, 6/kloc respectively. If the commission rate of commodity futures or financial futures in the evaluation period of a futures company is lower than the average level of the whole industry by 50%, the index will not be increased.
(3) If the cost management ability of futures companies is among the top five in the industry during the evaluation period, it will be increased respectively from 6 to 10, 1 20, 2 1 30, 3 1 40 and 4 1 50. If the profit of futures business of futures companies is lower than the average level of the whole industry during the evaluation period, the index will not be increased.
(4) The net profit of futures companies is among the top five in the industry during the evaluation period, including 6- 10,1-20, 2 1-30, 3 1-40, 4 1-50. If the average fee income of the business department of the futures company is lower than the average level of the whole industry during the evaluation period, the index will not be increased.
(5) If the return on net assets of the futures company is in the top 65,438+00, 65,438+065,438+0 to 20,265,438+0 to 30,365,438+0 to 40,465,438+0 to 50 in the evaluation period, increase 0.5 respectively.
If the futures company's risk management ability and continuous compliance status index score is lower than the prescribed score, the market competitiveness index will not be added.
Fifteenth futures companies to cultivate and develop institutional investors who meet the following conditions, according to the following principles to give corresponding points:
(1) The average daily positions of institutional customers are in the top five in the industry, 6- 10, 1 1-20, 2 1-30, 3 1-40 and 4/kloc.
(2) 6- 10, 1 1-20, 2 1-30, 3 1-40, and 4 1-50, which are the top five in the industry, respectively.
(3) If the average daily equity growth of institutional customers is in the top 65,438+00, 65,438+065, 438+0 to 20,265,438+0 to 30,365,438+0 to 40,465,438+0 to 50, increase by 0.5 respectively.
Article 16 A futures company shall deduct points according to the following principles when the following situations occur during the evaluation period:
(1) If the risk supervision index fails to meet the supervision standard, 1 point will be deducted each time; Early warning of risk supervision indicators, 0.5 points each.
(two) the major warning of the futures margin monitoring center, which is verified as the cause of the futures company, will be deducted 0.5 points each time; The general early warning of the futures margin monitoring center, which is verified to be due to the futures company, will be deducted 0.25 points each time, with a maximum deduction of 3 points.
(three) illegal use of its own funds, or to provide financing for shareholders, actual controllers or other related parties, external guarantees, deducted 2 points each time.
(four) allow customers to open positions in the case of insufficient margin, and deduct 2 points each time.
(5) 2 points will be deducted if the amount of loss due to wrong order or warehouse penetration exceeds 65,438+00% of the risk reserve drawn in the current period.
(six) if the audit report and the review report are issued with non-standard audit opinions or review opinions, 3 points will be deducted each time.
(seven) the appointment of personnel who do not have the qualification of futures business, each 0. 1 point, the maximum deduction of 2 points.
(eight) the appointment of directors, supervisors and senior management personnel who have not obtained the qualifications, each person will be deducted 2 points.
(nine) the chairman and senior management personnel are absent for more than 3 months, and each person will be deducted 2 points; If the independent director is absent for more than 3 months, each person will be deducted 1 point; Directors (including independent directors) and supervisors (including the chairman of the board of supervisors) do not meet the provisions of the Articles of Association, and are absent for more than 3 months, each person will be deducted 0.25 points.
(10) If the equity is changed without permission or filing, 10 will be deducted each time.
(eleven) the establishment and change of business premises without permission, each deduction 10 points.
(12) If the classified evaluation results are not used as required, 1 point will be deducted each time.
(thirteen) to carry out innovative business such as futures investment consulting does not meet the relevant business rules, each deduction of 0.5 points.
Seventeenth futures companies in the evaluation period by the China Securities Regulatory Commission and its dispatched institutions to take regulatory measures, administrative punishment or criminal punishment by judicial organs, according to the following principles:
(1) If a rectification notice is issued, or directors, supervisors and senior managers are held accountable for the company's illegal behavior, 2 points will be deducted each time.
(2) Where regulatory measures are taken in Item (2) to Item (7) of Paragraph 2 of Article 59 of the Regulations on the Administration of Futures Trading, 3 points will be deducted each time.
(3) If a director, supervisor or senior manager is warned or fined for being responsible for the company's violation of laws and regulations, 3 points will be deducted each time; Suspended, disqualified or identified as inappropriate candidates, deducted 5 points each time; Prohibited from entering the market for a certain period of time, deducted 8 points; Take permanent market ban measures, each deduction 10 points.
(4) If the regulatory measures in Item (1) of Paragraph 2 of Article 59 of the Regulations on the Administration of Futures Trading are taken, 10 will be deducted each time.
(five) was warned, each time 12 points; Impose a fine or confiscate the illegal income, and deduct 15 points each time.
(6) If part of the business license is revoked, branches are closed, and criminal punishment is imposed, 20 points will be deducted each time.
Article 18 Where the business department of a futures company is subject to the regulatory measures listed in Article 17 of these Provisions, the agency of China Securities Regulatory Commission where the business department is located shall promptly inform the agency of China Securities Regulatory Commission where the futures company is domiciled.
The business department of a futures company shall deduct points according to the principle mentioned in Article 17 of these Provisions.
Article 19 If a futures company is reprimanded, publicly condemned or suspended by the China Futures Association, 0.5 points will be deducted each time; Suspension of membership, each deduction 1 point; Cancel the membership, and deduct 2 points each time. Employees of futures companies who are disciplined by China Futures Association will be deducted 0.25 points each time. If a futures company and its employees are disciplined for the same violation, they shall be given a heavier punishment.
If a futures company is issued a regulatory opinion by a futures exchange, 0.25 points will be deducted each time; Be warned, given a written warning, informed criticism, publicly condemned, forced liquidation (except for futures companies that fail to execute forced liquidation within the prescribed time limit with justifiable reasons), fined and confiscated illegal income, 0.5 points will be deducted each time; Suspend or restrict business, suspend or adjust membership, and deduct 1 point each time; Cancellation of membership, banned from the market, deducted 2 points each time.
Article 20 If a futures company is subject to disciplinary action, regulatory measures, administrative punishment or criminal punishment due to violations, or if it is subject to disciplinary action, regulatory measures, administrative punishment or criminal punishment for the same violation for many times, it will be deducted according to the item with the highest deduction, and the deduction will not be repeated; Different violations are subject to the same disciplinary action, regulatory measures, administrative punishment or criminal punishment, which shall be calculated separately and deducted in total.
If a futures company is subject to disciplinary action, regulatory measures, administrative punishment or criminal punishment for the same matter in different evaluation periods, it will be deducted according to the highest score; If the same matter has been deducted in the previous evaluation period but has not reached the highest score, it will be deducted according to the difference between the highest score and the deduction value.
Where a futures company is subject to disciplinary action, regulatory measures, administrative punishment or criminal punishment, it shall be deducted according to the corresponding provisions regardless of whether the controlling shareholder or actual controller has changed.
Article 21 When a futures company is subject to the regulatory measures in Item (1) of Article 17 of these Provisions, if it can complete the rectification within the specified time and pass the acceptance by the agency dispatched by the China Securities Regulatory Commission, the corresponding regulatory measures may not be deducted, but it still needs to be deducted according to the violations.
If a futures company voluntarily reports an illegal act, which does not belong to the illegal situation listed in the first paragraph of Article 29 of these Provisions, it may deduct half of the points after approval by the review committee.
Twenty-second futures companies meet the following conditions, according to the following principles to give corresponding points:
(1) If it is associated with other futures companies during the evaluation period and has been recognized by the China Securities Regulatory Commission during the evaluation period, 4 points can be added.
(2) If the remaining net capital of a futures company reaches an integer multiple of 1 100 million yuan, 0.5 points will be added for each multiple of 1, with a maximum of 2 points. However, if the risk supervision indicators of futures companies appear early warning or fail to meet the standards during the evaluation period, no extra points will be given.
Article 23 The dispatched office of the China Securities Regulatory Commission may deduct points at its discretion according to the futures company's cooperation with daily supervision, implementation of special supervision and completion of rectification during the evaluation period, with a maximum deduction of 2 points.
Article 24 The informatization construction and self-owned fund management of futures companies shall be incorporated into the relevant provisions of classified evaluation, and shall be formulated separately according to the development and supervision needs of the futures market. Article 25 According to the evaluation scores of futures companies, futures companies are divided into five categories: A(AAA, AA, A), B(BBB, BB, B), C(CCC, CC, C), D and E, and 1 1 level.
(1) The comprehensive evaluation of risk management ability, market competitiveness, institutional investor cultivation and development, and continuous compliance of Class A companies are the highest in the industry, and they can control business risks well;
(2) The comprehensive evaluation of risk management ability, market competitiveness, institutional investors' cultivation and development, and continuous compliance of Class B companies is relatively high in the industry, which can control business risks;
(3) The comprehensive evaluation of the risk management ability, market competitiveness, institutional investor cultivation and development, and continuous compliance of Class C companies is average in the industry, and the risk management ability basically matches the business scale;
(4) The comprehensive evaluation of risk management ability, market competitiveness, institutional investor cultivation and development, and continuous compliance of Class D companies is low in the industry, and the potential risks may exceed the tolerable range of the company;
(V) The potential risks of Class E companies have become real risks, and risk disposal measures have been taken.
Article 26 A(AAA, AA, A), B(BBB, BB, B), C(CCC, CC, C) and D companies with the level of 65,438+00 shall be determined by the China Securities Regulatory Commission according to the development of the industry and the classification results in previous years, and according to the distribution of evaluation scores of various futures companies.
Article 27 A futures company shall not be rated as a Class A company if its total daily average customer equity does not reach the average level of the total daily average customer equity of the national futures companies.
Twenty-eighth futures companies that have been ordered to suspend business for rectification, designated other institutions for custody, takeover and other risk disposal measures according to law are classified as Class E companies.
Article 29 During the evaluation period, a futures company will be downgraded by three levels if it has false capital contribution by shareholders, shareholders withdrawing capital contribution, misappropriating customer's margin, operating beyond the scope, the information system does not meet the regulatory requirements, and submitting false materials to China Securities Regulatory Commission, its dispatched offices and the futures margin monitoring center. If the circumstances are serious, directly rated as D. ..
In the self-assessment, if the futures company fails to truthfully mark the problems, omissions or concealment, the points will be doubled.
Article 30 If a futures company fails to report the self-evaluation results before the specified date, the company category will be reduced by 1 level; If the self-assessment results are not reported before the deadline for determining the classification results, they will be directly rated as Grade D. ..
Article 31 If the situation of a futures company changes significantly or is abnormal enough to cause the classification adjustment of the company, the review committee has the right to dynamically adjust the classification of the relevant futures company in a timely manner according to the relevant situation. Changes in business scale, financial status and shareholding structure during the continuous operation of futures companies. Not within the dynamic adjustment range.
If the above-mentioned classification adjustment belongs to the category of futures companies with higher prices, the evaluation indicators of futures companies shall meet the standards corresponding to the category with higher prices for more than 6 months after the evaluation results are determined. Class E companies can be adjusted to Class C and Class C, Class D companies can be adjusted to Class C CCC, and Class A, B and C companies will not be upgraded.
Where a futures company applies for dynamic adjustment, it shall be submitted to the audit committee after preliminary examination by the agency dispatched by the China Securities Regulatory Commission where the company is domiciled.
Article 32 Where a futures company is merged, the surviving company after the merger did not have any violations listed in the first paragraph of Article 29 of these Provisions during the evaluation period of the previous year, and all violations have been rectified by the date of application. The merged surviving company may apply to adjust its classification result of the previous year to the higher classification result of the original merging parties from the date of receiving the approval document of the China Securities Regulatory Commission for the merger of futures companies. If the merged surviving company applies for adjusting the classification results, it shall be submitted to the audit committee after preliminary examination by the agency dispatched by the China Securities Regulatory Commission where the company is domiciled. Article 33 The classified evaluation of futures companies adopts the methods of self-evaluation of futures companies, preliminary examination by the agency dispatched by China Securities Regulatory Commission, review by the evaluation committee and confirmation of evaluation results by China Securities Regulatory Commission.
Article 34 The classified evaluation of futures companies is conducted 1 time every year, and the evaluation period is from April 1 day of the previous year to March 3 1 day of this year. In principle, the financial data and operating data involved shall be subject to the audited statements of the previous year.
Article 35 A futures company shall conduct self-assessment in accordance with these Provisions, and truthfully reflect the existing problems, disciplinary actions, regulatory measures, administrative penalties, criminal penalties, etc. After the self-evaluation results are signed and confirmed by the legal representative of the company, the person in charge of the company's operation and management, and the chief risk officer, they shall be reported to the dispatched office of the China Securities Regulatory Commission at the company's domicile before April 15 every year.
Article 36 The dispatched office of the China Securities Regulatory Commission shall, on the basis of the self-evaluation of futures companies and according to the daily supervision, conduct preliminary examination and evaluate the results of the self-evaluation of futures companies, and report the preliminary examination results to the review committee before May 15 every year.
Thirty-seventh in the process of preliminary examination, the agency of China Securities Regulatory Commission shall check the relevant issues, and check the situation with the futures company to confirm the facts.
Article 38 The review committee shall organize the review on the basis of preliminary examination by the agency dispatched by China Securities Regulatory Commission, and determine the category of futures companies according to the review results. The classification results of futures companies shall take effect after being confirmed by China Securities Regulatory Commission.
Article 39 Where a futures company considers it necessary to apply for exemption and deduction due to force majeure or other special circumstances, it shall submit corresponding supporting materials, which shall be reviewed by the review committee after the preliminary examination by the agency dispatched by the China Securities Regulatory Commission.
Article 40 The China Securities Regulatory Commission shall inform the futures company of the specific scores and categories in writing before July 15 every year.
Article 41 If a futures company disagrees with the evaluation results, it may file a written complaint within 1 month from the date of receiving the notification of the classification results. Where a futures company makes a written complaint, it shall be submitted to the review committee after preliminary examination by the agency dispatched by the China Securities Regulatory Commission where the company is domiciled.
Article 42 Where a futures company conceals important matters in its self-evaluation, or the information and materials submitted contain false records, misleading statements or major omissions, the dispatched office of the China Securities Regulatory Commission shall take corresponding regulatory measures against the legal representative and management personnel of the company who signed the confirmation opinions, and record them in the credit files.
Article 43 In the daily supervision work, the dispatched office of China Securities Regulatory Commission shall promptly investigate the illegal acts and abnormal situations of futures companies, take corresponding supervision measures quickly and record them in the supervision files, and on this basis, conduct objective and fair preliminary examination, evaluation and scoring on futures companies.
Article 44 Whether the dispatched offices of China Securities Regulatory Commission (CSRC) timely and fully take corresponding regulatory measures against the illegal acts of futures companies, and the quality of the preliminary classification of futures companies are the important basis for implementing the regulatory responsibility system in the jurisdiction and assessing the futures regulatory performance of the dispatched offices of China Securities Regulatory Commission. Article 45 According to the principle of classified supervision, China Securities Regulatory Commission treats different types of futures companies differently in terms of supervision resources allocation, frequency of on-site inspection and off-site inspection.
Article 46 The classification results of futures companies will serve as prudent conditions for futures companies to apply for increasing business varieties and establishing new business outlets.
Article 47 The classification results of futures companies will be used as the basis for determining the pilot scope and promotion order of new business.
Article 48 The classification results of futures companies will be used as the basis for determining the different investment ratios of futures investor protection funds.
Article 49 The classification results of futures companies are mainly used by China Securities Regulatory Commission and its dispatched offices, futures exchanges, futures margin monitoring centers, China Futures Association and other institutions.
Futures companies shall not use the classification results for commercial purposes such as advertising, publicity and marketing. Article 50 The meanings of the following terms in these Provisions:
(1) The major early warning of the futures margin monitoring center refers to the early warning caused by insufficient self-owned funds or margin gap in the closed margin circle of futures companies, and other major early warning situations identified by the futures margin monitoring center.
(2) The general early warning of the futures margin monitoring center refers to other early warning besides the above-mentioned major early warning.
(3) Income from futures business refers to fee income from futures brokerage business and other futures business income approved by China Securities Regulatory Commission.
(4) Cost management capability refers to the futures business income of futures companies/(business management fee+business tax and surcharge+commission expenses).
(5) ROE refers to net profit/net assets.
(VI) The daily average positions of institutional customers refer to the sum of the daily average positions of institutional customers of futures companies (i.e. non-natural customers, the same below) on various futures products, and are calculated according to the following formula:
1. Average daily positions of futures products held by corporate clients (P): (a1+A2+) ...+AI)/I P = ——————————— (A1+A2+... AI)/I A= the total institutional customer position of the product on that day.
2. The sum of the average daily positions of institutional customers of a company in various futures varieties:
∑Pr
Where, r= futures variety. Soybean No.1 and No.2, hard wheat, strong wheat, rebar and wire rod are all considered as one variety.
(7) The daily average rights and interests of institutional clients refer to the daily average rights and interests of institutional clients of futures companies.
(8) The increase of daily average rights and interests of institutional clients refers to the daily average rights and interests of institutional clients in this evaluation period-the daily average rights and interests of institutional clients in the previous evaluation period.
(9) The closing ratio of positions refers to average daily positions/average daily transactions.
(10) Rate refers to fee income/transaction amount.
(eleven) the profit of futures business refers to the futures business income of futures companies-(business management fees+business taxes+commission expenses).
(12) The average fee income of the business department refers to the fee income/the number of business departments. If the headquarters of a futures company fails to file with the dispatched office of the China Securities Regulatory Commission where the company is domiciled and does not conduct business, it shall be deemed as 1 business department.
(13) Residual net capital refers to the net capital of a futures company after deducting the net capital matching its business scale in accordance with regulations.
Article 51 These Provisions shall come into force as of the date of promulgation. The Regulation on Classified Supervision of Futures Companies (Trial) promulgated on August 17, 2009 (CSRC Announcement [2009] No.22) shall be abolished at the same time.
Appendix: Index and standard for evaluating the risk management ability of futures companies (omitted)