(1) internal control system
1. The collective asset management business shall be subject to centralized and unified management, and a strict business isolation system shall be established. The company's senior management personnel responsible for customer asset management business and self-operated business shall not be concurrently held by the same person, and it is strictly forbidden for branches to independently carry out collective asset management business. 2. Establish an investment sponsor system for collective asset management plans, that is, designate special personnel to be responsible for the investment management of each collective asset management plan. Investment promoters must have more than three years of experience in securities self-management, asset management or securities investment funds, and should have good professional ethics and no record of bad behavior. During the existence of the collective asset management plan, its investment promoters shall not manage other collective asset management plans. 3. Strictly implement the requirements of relevant accounting systems, establish independent and complete collective asset management plan accounts, accounting, reporting, auditing and file management systems, set clear liquidation paths and capital transfer channels, ensure that risk control departments and supervision and inspection departments can effectively monitor the operation and management of collective asset management business, and effectively prevent off-balance sheet operations, misappropriation of collective asset management plan assets and other illegal situations.
(2) Promotion arrangement
1. Securities companies can promote the collective asset management plan on their own, or entrust other commercial banks or securities companies with the qualification of securities investment fund consignment business to promote the collective asset management plan on their behalf, and sign a written agency promotion agreement. Securities companies have the obligation to supervise and inspect the promotion activities of agency promotion agencies, and should stop them if they find that the agency promotion agencies violate the provisions of the Trial Measures; If the circumstances are serious, the agency recommendation agreement shall be terminated as agreed, and a report shall be made to the China Securities Regulatory Commission and the dispatched office of the China Securities Regulatory Commission where it is registered. 2. Securities companies and promotion agencies shall promote the collective asset management plan in strict accordance with the approved description of the collective asset management plan and the collective asset management contract. 3. It is strictly forbidden to publicize the collective asset management plan through public media such as radio, television and newspapers. 4. Securities companies and promotion agencies shall ensure that the amount of each collective asset management contract is not less than the minimum amount stipulated in the Trial Measures, and prevent customers from illegally pooling other people's funds to participate in the collective asset management plan. 5. During the promotion of the collective asset management plan, the custodian bank shall be responsible for keeping all accounts and funds related to the promotion of the collective asset management plan, and the securities company and the promotion agency shall deposit the client's funds into the special account opened by the custodian bank during the promotion period. Before the establishment of the collective asset management plan is completed and the investment operation begins, no one may use the funds of the collective asset management plan. 6. After the promotion of the collective asset management plan, the securities company shall hire an accounting firm with securities-related business qualifications to verify the collective asset management plan and issue a capital verification report. 7. Securities companies, custodian banks and promotion agencies shall clarify the division of follow-up services for customers, establish and improve the file management system, and properly keep the contracts, agreements, customer information, transaction records and other documents of the collective asset management plan.
(3) Investment risks and capital participation of securities companies
A securities company shall make a clear risk warning to investors in the description of the collective asset management plan, the collective asset management contract and other related materials, indicating that the investment risk of the collective asset management plan shall be borne by the investors.
Where a securities company participates in the establishment of a collective asset management plan with its own funds, it shall obtain the approval of the company's board of directors, shareholders' meeting or other internal authorization procedures in accordance with the provisions of the company's articles of association. When calculating the company's net capital, it shall truthfully deduct the company's net capital according to the responsibility of the invested capital.
(4) Registration, custody and settlement
In the pilot stage, a securities company shall choose a commercial bank with the qualification of securities investment fund custody business to custody the assets of the collective asset management plan.
Securities companies shall handle the collective asset management and settlement business in accordance with the settlement method of securities investment funds; If the customer's transaction settlement funds are kept strictly independently and approved by the China Securities Regulatory Commission, the settlement business of the collective asset management plan can be handled in accordance with the brokerage settlement mode. Securities companies and custodian banks shall, in accordance with the relevant provisions of the securities registration and settlement institutions, bear the final settlement responsibility for the transaction settlement of the collective asset management plan.
The custodian bank shall, in accordance with the provisions of the Trial Measures, open a special fund account for each agent of the collective asset management plan, and the name of the account shall be the name of the collective asset management plan; At the same time, each collective asset management plan will open a special securities account in the securities registration and settlement institutions (Shanghai and Shenzhen branches), and the name of the securities account will be "securities company-custodian bank-collective asset management plan name".
A securities company shall be responsible for the accounting business such as the valuation of the net asset value of the collective asset management plan, and shall be reviewed by the custodian bank.
(5) Seats
The investment and trading activities of the collective asset management plan in the stock exchange shall be concentrated in the special seats, and shall be filed with the stock exchange and the securities registration and settlement institution.
The bonds in the assets of the collective asset management plan shall not be used for repurchase.
(vi) Portfolio
The investment scope and portfolio arrangement of the collective asset management plan shall conform to
There is no upper limit for the subscription of new shares in the collective asset management plan, but the declared amount shall not exceed the total assets of the plan, and the declared amount shall not exceed the total amount of shares to be issued by the company this time. The collective asset management plan, as the sponsor (lead underwriter) to invest in the stocks of securities companies, shall comply with the restrictions on related party transactions in the Trial Measures.
Custody banks and stock exchanges shall monitor the investment scope and portfolio of the collective asset management plan, and report to the China Securities Regulatory Commission in a timely manner if major violations are found.
(vii) Liquidity requirements
1. The securities company shall, according to the situation of the collective asset management plan, reserve necessary cash or government bonds with a maturity of less than one year in case of paying dividends to customers or withdrawing funds; 2. The collective asset management contract may stipulate that when the amount of withdrawal applied by the customer on a single open day exceeds a certain proportion of the assets of the collective asset management plan, the securities company may apply for withdrawal in proportion, and suspend the acceptance of the withdrawal application for the excess or suspend payment, but the suspension or suspension period shall not exceed 20 working days; 3. Securities companies and their promotion agencies shall not handle the transfer of collective asset management contracts for customers, except as otherwise provided by laws and administrative regulations.
(8) Information disclosure
After the operation of the collective asset management plan, securities companies and custodian banks shall provide customers with a management report and a custody report of the collective asset management plan at least once every three months, and report them to the China Securities Regulatory Commission and its dispatched office of the China Securities Regulatory Commission for the record.
A securities company shall, in accordance with the provisions of the Trial Measures, conduct a separate annual audit of the operation of the collective asset management plan, provide audit opinions to customers and custodian banks, and report to the China Securities Regulatory Commission and its dispatched office in China where it is registered for the record.
(9) expenses
The expenses during the promotion of the collective asset management plan shall not be charged from the assets of the collective asset management plan.
The expenses incurred in the operation of the collective asset management plan may be charged in the collective asset management plan, but they shall be clearly stipulated in the collective asset management contract.
Securities companies, custodian banks and promotion agencies shall not charge fees below the cost to conduct unfair competition.