Current location - Trademark Inquiry Complete Network - Futures platform - Legal characteristics of futures trading
Legal characteristics of futures trading
Legal analysis:

Futures trading has the following characteristics:

1, contract standardization

Futures is a contract, and all the terms in the futures contract are agreed in advance, such as the quantity of goods, the margin ratio, the delivery place and the delivery method. It's just that the price of futures changes with the change of the market.

2. Centralized trading

Futures trading must be conducted in the futures exchange, and off-exchange investors can only entrust brokerage companies to participate in futures trading. All futures transactions are settled through the futures exchange, which becomes the counterparty of any buyer or seller and provides guarantee for each transaction.

3. Two-way transaction

Futures is a T+0 trading system, which can be traded in both directions. Investors can buy up or down, and when they open their positions, they can cancel their performance obligations by trading in the opposite direction to the trading direction.

4. There is leverage.

Futures shall implement the margin system. In futures trading, investors only need to pay a margin of about 10% to obtain trading rights, thus completing the whole futures trading, so futures trading is leveraged and will amplify risks and benefits.

Futures trading refers to the trading activities with futures contracts or options contracts as the trading targets through open centralized trading or other means approved by the the State Council Futures Regulatory Authority.

Legal basis:

Regulations on the administration of futures trading

Article 4 Futures trading shall be conducted in the futures exchange established in accordance with the provisions of the first paragraph of Article 6 of these Regulations and other futures trading places approved by the futures regulatory authority in the State Council or the State Council.

It is forbidden to conduct futures trading outside the futures trading places specified in the preceding paragraph.

Article 5 The futures regulatory authority of the State Council shall exercise centralized and unified supervision and management over the futures market.

The dispatched offices of the State Council futures regulatory agency shall perform their duties of supervision and management in accordance with the relevant provisions of these Regulations and the authorization of the State Council futures regulatory agency.

Derivative problem:

What conditions do you need to set up a futures company?

To apply for the establishment of a futures company, the following conditions shall be met:

(a) the minimum registered capital is 30 million yuan;

(2) The directors, supervisors and senior managers are qualified for the post, and the employees are qualified for the futures business;

(3) Having articles of association that comply with the provisions of laws and administrative regulations;

(4) The major shareholders and actual controllers have sustained profits and a good reputation, and have no record of major violations of laws and regulations in the last three years;

(5) Having qualified business premises and business facilities;

(6) Having a sound risk management and internal control system;

(seven) other conditions stipulated by the the State Council futures regulatory agency.

The State Council futures regulatory agency may raise the minimum registered capital according to the principle of prudent supervision and the risk degree of various businesses. Registered capital shall be paid-in capital. Shareholders shall make capital contribution in monetary or non-monetary property necessary for the operation of the futures company, and the proportion of monetary contribution shall not be less than 85%.

The State Council futures regulatory agency shall, within 6 months from the date of accepting the application for the establishment of a futures company, conduct a review according to the principle of prudent supervision, and make a decision on approval or disapproval.

Without the approval of the State Council futures regulatory authority, no unit or individual may entrust or accept others to hold or manage the shares of futures companies.