(Jian Zheng FA [2007] No.56, April 20, 2007)
Chapter I General Principles
Chapter II Qualification and Business Scope
Chapter III Business Rules
Chapter IV Supervision and Administration
Chapter V Supplementary Provisions
Chapter I General Principles
Article 1 In order to standardize the intermediary business activities provided by securities companies for futures companies, prevent and isolate risks, and promote the positive and steady development of the futures market, these Measures are formulated in accordance with the Regulations on the Administration of Futures Trading.
Article 2 The term "intermediary business provided by securities companies for futures companies" as mentioned in these Measures refers to the business activities that securities companies accept the entrustment of futures companies to introduce customers and provide other related services for futures companies.
Article 3 A securities company engaged in the introduction business shall obtain the qualification of introduction business in accordance with the provisions of these Measures, operate prudently, and implement unified management of the introduction business carried out through its business department.
Article 4 China Securities Regulatory Commission (hereinafter referred to as China Securities Regulatory Commission) and its dispatched offices shall supervise and manage the introduction business activities of securities companies according to law.
Relevant self-regulatory organizations shall conduct self-regulatory management of the introduction business activities according to law.
Chapter II Qualification and Business Scope
Article 5 A securities company applying for the qualification of introduction business shall meet the following conditions:
(1) All risk control indicators meet the prescribed standards within 6 months before the date of application;
(2) A third-party depository system for customer transaction settlement funds has been established as required.
(3) A wholly-owned or holding futures company, or under the control of the same institution as the futures company, which has the membership of a futures exchange that implements the member grading settlement system, and its risk supervision indicators have continuously met the prescribed standards for two months before the application date;
(four) equipped with the necessary business personnel, the company headquarters at least five, the business department to carry out the introduction business at least two business personnel with the qualification of futures practitioners;
(5) Establish and improve the business rules, internal control, risk isolation and compliance inspection systems related to the introduction business as required;
(6) Having a technical system to meet the business needs;
(seven) other conditions stipulated by the China Securities Regulatory Commission in accordance with the principles of market development and prudent supervision.
Article 6 The risk control index standards mentioned in Item (1) of Article 5 of these Measures refer to:
(a) the net capital is not less than1200 million yuan;
(2) The balance of current assets shall not be less than150% of the balance of current liabilities (excluding customer transaction settlement funds and customer entrusted management funds);
(3) The sum of external guarantee and other forms of contingent liabilities shall not be higher than 65,438+00% of the net assets, except for the counter guarantee provided by the securities company issuing bonds;
(4) Its net capital shall not be less than 70% of its net assets.
China Securities Regulatory Commission may adjust the standards mentioned in the preceding paragraph according to the principles of market development and prudent supervision.
Article 7 A securities company applying for business introduction shall submit the following application materials to the China Securities Regulatory Commission:
(1) An application for introducing business qualifications;
(2) the resolution of the board of directors on engaging in the introduction business. If the articles of association stipulate that a resolution shall be made by the shareholders' meeting or the shareholders' meeting, the resolution shall be provided;
(three) the calculation table of net capital and other indicators and related explanations;
(4) Description of the implementation of the independent depository system for customer transaction settlement funds and the text of the third-party depository system for customer transaction settlement funds;
(5) Resumes of relevant business leaders, resumes of relevant business personnel and qualification certificates of futures practitioners;
(6) Introducing the business rules, internal control, risk isolation and compliance inspection texts of the business;
(seven) a description of the preparation of the technical system;
(8) A statement that the futures company and the futures company are wholly owned or controlled by the same institution, and a statement on the risk supervision of the futures company at the end of two months before the application date;
(9) The text of the entrustment agreement on introduction business signed with the futures company.
Article 8 The China Securities Regulatory Commission shall make a decision on approval or disapproval within 20 working days from the date of accepting the application materials.
Article 9 When a securities company accepts the entrustment of a futures company to engage in introduction business, it shall provide the following services:
(1) Assisting in handling account opening procedures;
(2) Providing futures market information and trading facilities.
(3) Other services as stipulated by the China Securities Regulatory Commission.
Securities companies are not allowed to conduct futures trading, settlement or delivery for customers, to receive and pay futures deposits for futures companies and customers, and to access and transfer futures deposits for customers by using securities capital accounts.
Article 10 A securities company engaged in introduction business shall sign a written entrustment agreement with a futures company. The entrustment agreement shall specify the following items:
(1) Introducing the business scope;
(2) Measures to implement the safe deposit system for futures deposits;
(3) Introducing the business docking rules;
(four) the reception and handling of customer complaints;
(5) Payment of remuneration and sharing of relevant expenses;
(6) Liability for breach of contract;
(seven) other matters stipulated by the China Securities Regulatory Commission.
Both parties may agree on other matters other than those mentioned in the preceding paragraph in the entrustment agreement, but they shall not violate the provisions of laws, administrative regulations and these Measures, and shall not harm the legitimate rights and interests of customers.
A securities company shall accept entrustment to introduce business to a futures company in accordance with the entrustment agreement. The responsibility based on the futures brokerage contract shall be borne by the futures company directly to the customer.
Article 11 Where a securities company and a futures company sign, modify or terminate the entrustment agreement, both parties shall report to the local dispatched office of China Securities Regulatory Commission for the record within 5 working days.
Chapter III Business Rules
Article 12 A securities company can only accept the entrustment of a futures company wholly owned, controlled or controlled by the same institution to engage in the introduction business, and may not accept the entrustment of other futures companies to engage in the introduction business.
Article 13 A securities company shall, in accordance with the principle of compliance and prudent operation, formulate and effectively implement the introduction business rules, internal control, compliance inspection and other systems to ensure effective prevention and isolation of the risks of introduction business and other businesses.
Article 14 Futures companies and securities companies shall establish rules for introducing business docking, and clearly stipulate cooperation procedures and rules in account opening, quotation and installation and maintenance of trading systems, and reception and handling of customer complaints.
Article 15 Securities companies and futures companies shall operate independently, and their finance, personnel and business premises shall be separated.
Article 16 A securities company shall, in accordance with the provisions of the internal control and risk isolation system, designate relevant responsible persons and relevant departments to be responsible for the operation and management of the introduction business.
A securities company shall be equipped with sufficient business personnel with futures business qualifications, and shall not employ business personnel without futures business qualifications to engage in the introduction business.
Personnel engaged in the introduction business of securities companies shall not engage in futures trading.
Article 17 A securities company shall disclose the following information in a prominent position in its business premises or website:
(1) The scope of the entrusted referral business;
(two) the name list and photos of the managers and business personnel engaged in the introduction business;
(3) The account information of the futures margin of the futures company and the safe deposit method of the futures margin;
(4) Customer account opening and transaction processes, and deposit and withdrawal processes;
(5) Inquiry method of transaction settlement results;
(6) Other information as stipulated by the China Securities Regulatory Commission.
According to the principle of prudent supervision, China Securities Regulatory Commission and its dispatched offices may require securities companies to adjust the disclosure methods of relevant information.
Article 18 When introducing customers to a futures company, a securities company shall clearly explain the entrustment relationship with the futures company, explain the way, process and risks of futures trading, and shall not make commitments such as capital preservation and risk protection, or make false propaganda to mislead customers.
Article 19 A securities company shall establish a complete system to assist in account opening, examine the information and identity authenticity of customers, fully reveal the futures trading risks to customers, explain the rights and obligations among futures companies, customers and securities companies, and inform the requirements for safe deposit of futures deposits.
A securities company shall submit the customer account opening information to the futures company in a timely manner, and the futures company shall sign a futures brokerage contract with the customer after examination and handle the account opening procedures.
Article 20 Where a securities company introduces its controlling shareholder, actual controller, etc. When a securities company opens an account, it shall report its futures account information to the local agency of the China Securities Regulatory Commission for the record, and perform the obligation of information disclosure in accordance with the provisions of the China Securities Regulatory Commission.
Article 21 A securities company shall not issue trading instructions on behalf of its clients, conduct futures trading by using their trading codes, capital account numbers or futures settlement accounts, or receive, keep or modify trading passwords on behalf of their clients.
Article 22 A securities company shall not directly or indirectly provide financing or guarantee for its clients to engage in futures trading.
Article 23 When there are major changes in the futures and spot markets or risks may occur to customers, securities companies and their business departments may assist futures companies to remind customers of risks.
Article 24 A securities company shall assist in maintaining the stable operation of the futures trading system and ensure the security and independence of the data transmission of futures trading.
Article 25 A securities company shall properly keep vouchers, bills, account books, statements, contracts, data and materials related to business introduction in its business premises.
The period for a securities company to keep the above documents and materials shall not be less than 5 years.
Article 26 A securities company shall establish and effectively implement a compliance inspection system for referral business.
Securities companies shall regularly check the implementation of the introduction business rules, internal control, risk isolation and other systems and the development of the introduction business of the business department, and submit compliance inspection reports to the dispatched offices of the China Securities Regulatory Commission every six months.
When a major event occurs, the securities company shall report to the local agency of China Securities Regulatory Commission within 2 working days.
Chapter IV Supervision and Administration
Article 27 The China Securities Regulatory Commission and its dispatched offices shall conduct on-site inspection and off-site inspection on the introduction business of securities companies according to the principle of prudent supervision.
Article 28 A securities company shall disclose relevant information of business introduction in accordance with the provisions of China Securities Regulatory Commission, and submit relevant documents, materials and data information of business introduction.
Twenty-ninth securities companies that fail to meet the conditions stipulated in Article 5 and Article 6 of these Measures after obtaining the qualification of introduction business shall be ordered by the China Securities Regulatory Commission and its dispatched offices to make rectification within a time limit; If it still does not meet the requirements after rectification within a time limit, the China Securities Regulatory Commission shall revoke its qualification for introduction business according to law.
Article 30 If a securities company violates the business rules in Chapter III of these Measures, the China Securities Regulatory Commission and its dispatched offices may take regulatory measures such as ordering rectification within a time limit, supervising talks, and issuing warning letters; If it fails to make corrections within the time limit, and its behavior may endanger the stable operation of the futures company and damage the legitimate rights and interests of customers, the China Securities Regulatory Commission may order the futures company to terminate the introduction business with the securities company.
Article 31 If the business qualification of a securities company is suspended, restricted or revoked due to other businesses suspected of violating laws and regulations or major risks, the China Securities Regulatory Commission may order the futures company to terminate the introduction business relationship with the securities company.
Article 32 A securities company that commits any of the following acts shall be punished in accordance with Article 70 of the Regulations on the Administration of Futures Trading:
(a) to carry out the introduction business without permission;
(2) Failing to fully disclose the risks of futures trading, making false propaganda and misleading customers.
(3) Acting as an agent for customers in futures trading, settlement or delivery.
(4) Receiving, depositing, withdrawing or transferring futures deposits.
(5) Providing financing or guarantee for clients to engage in futures trading.
(6) Failing to examine the customer's account opening information and identity authenticity as required;
(7) Issuing trading orders on behalf of customers.
(eight) using the customer's trading code, fund account number or futures settlement account for futures trading;
(9) Failing to separate or effectively isolate the introduction business from other businesses;
(10) Failing to separate the finance, personnel and business premises from the futures company;
(eleven) refusing or obstructing the China Securities Regulatory Commission and its dispatched offices from performing their duties according to law.
Chapter V Supplementary Provisions
Article 33 These Measures shall come into force as of the date of promulgation.