Measures for the Administration of Suitability of Securities and Futures Investors
Article 1 These Measures are formulated in accordance with the provisions of the Securities Law, the Securities Investment Fund Law, the Regulations on the Supervision and Administration of Securities Companies, the Regulations on the Administration of Futures Trading and other relevant laws and administrative regulations. Standardize the appropriate management of securities and futures investors and safeguard the legitimate rights and interests of investors.
Article 2 These Measures shall apply to investors selling public or private bank securities, publicly or privately issuing securities investment funds and equity funds (including venture capital funds, hereinafter referred to as funds), publicly or privately transferring derivatives such as futures, or providing related business services.
Article 3 Securities and futures investors shall abide by laws, administrative regulations, these Measures and other relevant provisions when selling securities and futures products or service institutions (hereinafter referred to as management institutions). Provide services, be diligent and conscientious, be prudent, fully understand investors, conduct in-depth investigation and analysis of product or service information, make scientific and effective evaluation, fully reveal risks, and put forward clear suitability matching opinions based on the following factors. Because investors have different risk tolerance and the risk degree of products or services is different, they sell or provide appropriate products or services to appropriate investors and bear legal responsibility for illegal acts.
Article 4 On the basis of knowing the products or services and listening to the opinions of operating institutions on their appropriateness, investors should make prudent decisions according to their own abilities and independently undertake investment risks.
The suitability matching opinion of the operating organization does not mean that it makes substantive judgment or guarantee on the risks and benefits of products or services.
Article 5 China Securities Regulatory Commission (hereinafter referred to as China Securities Regulatory Commission) and its dispatched offices shall supervise and manage the performance of corresponding obligations by operating institutions in accordance with laws, administrative regulations, these Measures and other relevant provisions.
Securities and futures trading places, registration and settlement institutions and self-regulatory organizations such as China Securities Industry Association, China Futures Industry Association and China Asset Management Association (hereinafter referred to as industry associations) implement self-regulatory management for operating institutions to perform appropriate obligations.