If the stress test results show that the potential risk exceeds the bearing capacity of the futures company, the futures company shall take effective measures to replenish capital in time or control the business scale to control the risk within the bearing range. Article 6 A futures company shall employ an accounting firm with securities and futures-related business qualifications to audit the annual risk supervision statements of the futures company.
Accounting firms and their certified public accountants shall be diligent, check and verify the authenticity, accuracy and completeness of the documents and materials on which the report is based, and be responsible for the legality and authenticity of the audit report. Article 7 The China Securities Regulatory Commission and its dispatched offices shall, in accordance with the provisions of laws, administrative regulations and these Measures, supervise and manage whether the risk supervision indicators of futures companies meet the standards, and the related activities of futures companies in compiling and submitting risk supervision statements. Chapter II Risk Supervision Index Standards and Calculation Requirements Article 8 A futures company shall continuously meet the following risk supervision index standards:
(a) the net capital is not less than 30 million yuan;
(2) The ratio of net capital to the company's risk capital reserve is not less than100%;
(3) The ratio of net capital to net assets shall not be less than 20%.
(4) The ratio of current assets to current liabilities shall not be less than100%;
(5) The ratio of liabilities to net assets shall not be higher than150%;
(6) Minimum settlement reserve requirements. Article 9 The China Securities Regulatory Commission shall formulate early warning standards for risk supervision indicators. "Not lower than" the risk supervision index of a certain standard, the early warning standard is 120% of the specified standard, and "not higher than" the risk supervision index of a certain standard, and the early warning standard is 80% of the specified standard.
There is no warning standard for the minimum settlement reserve. Article 10 The net capital of a futures company is a comprehensive risk supervision index which is based on net assets and adjusts the risks of assets, liabilities and other items according to liquidity.
The calculation formula of net capital is: net capital = net assets-asset adjustment value+liability adjustment value-/+other adjustment items. Article 11 The risk capital reserve of a futures company refers to the capital that a futures company needs to cope with possible risk losses in the course of carrying out various businesses. Article 12 The minimum settlement reserve refers to the minimum performance bond paid by futures companies with their own funds according to the relevant requirements of exchanges and registration and settlement institutions. Article 13 When calculating the net capital, a futures company shall make full provision for asset impairment and confirm the estimated liabilities in accordance with the provisions of the Accounting Standards for Business Enterprises.
The dispatched office of the China Securities Regulatory Commission may require the futures company to make a special explanation on the adequacy and rationality of the provision for impairment of assets and the completeness of the confirmation of estimated liabilities, and require the futures company to hire an accounting firm with securities and futures business qualifications to issue an authentication opinion; If there is evidence that the futures company fails to make full provision for asset impairment or accurately confirm the estimated liabilities, the agency of China Securities Regulatory Commission shall require the futures company to reduce its net capital accordingly. Article 14 A futures company shall make accounting treatment according to the nature, amount involved, causes of formation, progress, possible losses and expected losses of pending lawsuits and arbitrations at the end of the period, and deduct them according to a certain proportion when calculating the net capital, and explain them in the notes to the risk supervision statement. Article 15 The borrowing of subordinated debts, long-term loans with the nature of subordinated debts from shareholders or their affiliated enterprises, and other debts repaid after ordinary debts by a futures company may be included in the net capital according to regulations.
The futures company shall, within 5 working days after completing the relevant matters, report to the dispatched office of the China Securities Regulatory Commission at its domicile.
Futures companies shall not hold subordinated debts with each other. Article 16 If the China Securities Regulatory Commission and its dispatched offices think that a futures company has the characteristics of unexpected risks in carrying out a certain business, they may determine the required capital scale according to the potential risks, and require the futures company to make supplementary provision for risk capital. Chapter III Preparation and Disclosure Chapter III Preparation and Disclosure Article 17 A futures company shall prepare and submit risk supervision statements in the manner prescribed by the China Securities Regulatory Commission. China Securities Regulatory Commission may, according to the regulatory needs and the development of the industry, adjust the requirements for the preparation and submission of risk regulatory statements.
According to the principle of prudent supervision, the dispatched offices of China Securities Regulatory Commission may require futures companies to prepare and submit risk supervision statements irregularly, or require futures companies to increase the frequency of submitting risk supervision statements within a certain period of time.