In terms of legal provisions, according to Article 8 of the Regulations of China Securities Regulatory Commission on the Administration of Customer Account Opening in Futures Market (hereinafter referred to as the Regulations), investors should open futures accounts in accordance with the Regulations on the Administration of Futures Trading and the relevant regulations of China Securities Regulatory Commission, and abide by the requirements of real-name registration system registration, including: (1) If the investor is an individual, he should go through the account opening procedures in person and sign the account opening materials, and may not entrust an agent to handle it on his behalf. (2) If the investor is a unit, it shall issue the certificate of account opening such as the power of attorney of the unit and the ID card of the agent. The valid identification documents of general units are organization code certificate and business license; (3) The names of investors in futures brokerage contracts and futures settlement accounts are consistent with their valid identification documents; (4) Fill in the customer information truly, completely and accurately in the account opening materials such as futures brokerage contracts.
At the same time, the regulations also require futures companies and securities companies (IB) entrusted by futures companies to handle account opening procedures according to law to conduct real-name registration system registration examination on investors. A futures company shall collect and save the image data of investors, and shall not sign futures brokerage contracts with investors who do not meet the requirements of real-name registration system, nor shall it apply for trading codes for investors who have not signed futures brokerage contracts.
In addition, the current laws and regulations also require investors to open accounts in real identity from the perspective of anti-money laundering. The provisions in this respect include Articles 16 and 19 of the Anti-Money Laundering Law, Article 9 of the Anti-Money Laundering Regulations of Financial Institutions, and Article 11 of the Measures for the Administration of Customer Identification and Customer Identity Information and Transaction Records of Financial Institutions. If a futures company finds that an investor borrows another person's name to open an account, it can be considered as suspected of money laundering and report to the People's Bank of China, and the investor may be held accountable for money laundering.
In fact, opening an account in the name of others is not only prohibited by law, but also may bring potential risks to nominal borrowers (investors) and nominal lenders (others) and cause economic disputes. As for the nominal borrower (investor), when the transaction is profitable, the nominal lender (others) may claim the right to the transaction profit, so that the nominal borrower (investor) cannot obtain the profit. At the same time, if a nominal lender (other person) has an economic dispute with a third person, its account funds and positions may be sealed up or frozen by the third person according to law, that is to say, it is unsafe for a nominal borrower (investor) to borrow another person's name to open an account. As for the nominal lender (others), if the nominal borrower (investor) does not admit that the account is his own, then the nominal lender (others) is likely to bear the loss of the position in the end.