Article 2 The securities investment consulting business as mentioned in these Provisions is the basic form of securities investment consulting business, which refers to the business activities in which securities companies and securities investment consulting institutions accept clients' entrustment to provide clients with investment consulting services related to securities and securities-related products, assist clients in making investment decisions, and directly or indirectly obtain economic benefits. Investment consulting services include the selection of investment varieties, investment portfolio and financial planning suggestions.
Article 3 Securities companies and securities investment consulting institutions engaged in securities investment consulting business shall abide by laws, administrative regulations and these Provisions, strengthen compliance management, improve internal control, prevent conflicts of interest, and earnestly safeguard the legitimate rights and interests of customers.
Article 4 Securities companies, securities investment consulting institutions and their personnel shall follow the principle of good faith and provide securities investment consulting services to their clients diligently and prudently.
Article 5 Securities companies, securities investment consulting institutions and their personnel shall be faithful to the interests of customers when providing securities investment consulting services, and shall not harm the interests of customers for the benefit of the company and its related parties; Do not harm the interests of clients for the interests of securities investment consultants and their stakeholders; Do not harm the interests of other customers for the benefit of specific customers.
Article 6 The China Securities Regulatory Commission and its dispatched offices shall supervise and manage the securities investment consulting business of securities companies and securities investment consulting institutions according to law.
China Securities Industry Association implements self-discipline management of securities companies and securities investment consulting institutions engaged in securities investment consulting business, and formulates relevant professional norms and codes of conduct in accordance with relevant laws, administrative regulations and these Provisions.
Article 7 A person who provides securities investment consulting services to clients shall have the qualification of securities investment consulting and be registered as a securities investment consultant in China Securities Industry Association. A securities investment consultant may not be registered as a securities analyst at the same time.
Article 8 Securities companies and securities investment consulting institutions shall formulate a management system for securities investment consultants, and strengthen the management of the registration, post responsibilities and practice of securities investment consultants.
Article 9 Securities companies and securities investment consulting institutions shall establish and improve the management system, compliance management and risk control mechanism of securities investment consulting business, covering business promotion, agreement signing, service provision, customer return visits, complaint handling and other business links.
Article 10 When engaging in securities investment consulting business, securities companies and securities investment consulting institutions shall ensure that the number, professional ability, compliance management and risk control of securities investment consulting personnel are suitable for the service mode and business scale.
Article 11 When providing securities investment consulting services to clients, securities companies and securities investment consulting institutions shall, in accordance with the procedures and requirements formulated by the company, know the identity, property and income status, securities investment experience, investment demand and risk preference of clients, evaluate their risk tolerance, and record and save them in the form of written or electronic documents.
Article 12 When providing securities investment consulting services to clients, securities companies and securities investment consulting institutions shall inform clients of the following basic information:
(1) company name, address, contact information, complaint telephone number, securities investment consulting business qualification, etc. ;
(2) The name of the securities investment consultant and its qualification code for securities investment consulting;
(3) Contents and methods of securities investment consulting services.
(4) Investment decisions are made by customers, and investment risks are borne by customers;
(5) A securities investment consultant shall not make investment decisions on behalf of clients.
Securities companies and securities investment consulting institutions shall publicize the information in Items (1) and (2) of the preceding paragraph through their business premises, China Securities Industry Association and the company's website to facilitate investors' inquiry and supervision.
Article 13 Securities companies and securities investment consulting institutions shall provide customers with risk disclosure statements, which shall be signed by the customers for confirmation. The content and format requirements of risk disclosure shall be formulated by China Securities Association.
Article 14 When providing securities investment consulting services, securities companies and securities investment consulting institutions shall sign securities investment consulting service agreements with customers and manage the agreements by numbers. The agreement shall include the following contents:
(a) the rights and obligations of the parties;
(2) Contents and methods of securities investment consulting services.
(3) Responsibilities and prohibited acts of securities investment consultants.
(4) charging standards and payment methods;
(5) Disputes or dispute settlement methods;
(6) Conditions and methods for terminating or dissolving the agreement.
The Securities Investment Consulting Service Agreement shall stipulate that within 5 working days from the date of signing the agreement, the client may propose to terminate the agreement by written notice. When a securities company or securities investment consulting institution receives a written notice from the customer to terminate the agreement, the securities investment consulting service agreement shall be terminated.
Article 15 A securities investment consultant shall provide appropriate investment consulting services to clients on the basis of understanding their situations and evaluating their risk tolerance and service needs.
Article 16 A securities investment consultant shall reasonably provide investment advice to clients. The basis of investment advice includes securities research reports or investment analysis opinions based on securities research reports, theoretical models and analysis methods.
Article 17 Securities companies and securities investment consulting institutions shall provide necessary research support for securities investment consulting services. If the securities research of securities companies and securities investment consulting institutions is insufficient to support the demand for securities investment consulting services, they should purchase securities research reports from other securities companies or securities investment consulting institutions with securities investment consulting business qualifications to enhance their securities investment consulting service capabilities.
Article 18 Where a securities investment consultant makes an investment proposal based on the securities research report of this company or other securities companies or securities investment consulting institutions, he shall explain the publisher and date of the securities research report to the client.
Article 19 When providing investment advice to clients, securities investment consultants shall prompt potential investment risks and shall not promise or guarantee the return on investment to clients in any way.
Securities investment consultants are encouraged to explain to clients the viewpoints inconsistent with their investment suggestions as a reference to assist clients in evaluating investment risks.
Article 20 A securities investment consultant who provides investment advice to a client and knows that the client has made a specific investment decision-making plan shall not disclose the information of the client's investment decision-making plan to others.
Article 21 When securities companies and securities investment consulting institutions engage in securities investment consulting business, they shall establish a customer return visit mechanism, clarify the procedures, contents and requirements of customer return visits, and designate special personnel to implement them independently.
Twenty-second securities companies and securities investment consulting institutions engaged in securities investment consulting business shall establish a customer complaint handling mechanism to properly handle customer complaints in a timely manner.
Twenty-third securities companies and securities investment consulting institutions shall, in accordance with the principles of fairness, rationality and voluntariness, negotiate with customers and agree in writing on the charging arrangements for securities investment consulting services. They can charge fees according to the service period and the size of customers' assets, or they can charge fees by other means such as differential commission.
Securities investment consulting service fees shall be charged to the company account. Securities companies, securities investment consulting institutions and their personnel are prohibited from charging clients fees for securities investment consulting services in their own names.
Article 24 Securities companies and securities investment consulting institutions shall standardize the promotion of securities investment consulting business and attract customers, and prohibit false, untrue and misleading marketing propaganda on service ability and past performance, and prohibit any way to promise or guarantee investment income.
Twenty-fifth securities companies and securities investment consulting institutions shall abide by the Advertising Law and the relevant provisions on the dissemination of securities information when promoting securities investment consulting business through public media such as radio, television, internet, newspapers and periodicals, and the contents of advertisements shall not contain false, untrue or misleading information.
Securities companies and securities investment consulting institutions shall report their advertising plans and schedules to the Securities Regulatory Bureau where the company is domiciled and the Securities Regulatory Bureau where the media is located five working days in advance.
Article 26 Securities companies and securities investment consulting institutions shall promote securities investment consulting business by holding lectures, reports and analysis meetings to attract customers. Report to the local securities regulatory bureau five working days in advance.
Article 27 Software tools, terminal equipment, etc. As a carrier, providing investment advice or similar services to customers shall implement these provisions and meet the following requirements:
(a) objectively explain the functions of software tools and terminal equipment, and shall not make false, untrue or misleading propaganda on their functions;
(two) to reveal the inherent defects and use risks of software tools and terminal equipment, and not to conceal or have major omissions;
(3) Explain the data and information sources used by software tools and terminal equipment;
(4) If software tools and terminal equipment have the function of selecting securities investment varieties or prompting trading opportunities, their methods and limitations shall be explained.
Twenty-eighth securities companies and securities investment consulting institutions shall conduct retrospective management on the promotion of securities investment consulting business, the signing of agreements, the provision of services, the return visits of customers, and the handling of complaints. Information such as the time, content, method and basis of providing investment advice to customers shall be recorded in written or electronic documents.
The file retention period of securities investment consulting business shall not be less than 5 years from the date of termination of the agreement.
Twenty-ninth securities companies and securities investment consulting institutions should strengthen personnel training to improve the professional ethics, compliance awareness and professional service ability of securities investment consultants.
Article 30 Where a securities company or securities investment consulting institution provides securities investment consulting services to its clients in a cooperative manner, it shall make an agreement on the service mode, remuneration payment, complaint handling and other matters. , and clarify the rights and obligations of all parties.
Article 31 Securities companies and securities investment consulting institutions are encouraged to arrange securities investment consultants to objectively, professionally and prudently comment on macro-economy, industry situation and changes in the securities market through public media such as radio, television, internet, newspapers and periodicals in accordance with the relevant provisions on the dissemination of securities information, so as to provide securities information services for public investors, disseminate securities knowledge, reveal investment risks and guide rational investment.
Article 32 A securities investment consultant shall not make investment suggestions on buying, selling or holding specific securities through public media such as radio, television, internet, newspapers and periodicals.
Article 33 If securities companies, securities investment consulting institutions and their personnel engage in securities investment consulting business and violate laws, administrative regulations and these Provisions, the China Securities Regulatory Commission and its dispatched offices may take regulatory measures such as ordering corrections, supervising talks, issuing warning letters, ordering to increase the number of internal compliance inspections and submit compliance inspection reports, ordering to clean up illegal businesses, ordering to suspend new customers, and ordering to punish relevant personnel; If the circumstances are serious, the China Securities Regulatory Commission shall impose administrative penalties in accordance with laws, administrative regulations and relevant provisions; Anyone suspected of committing a crime shall be transferred to judicial organs according to law.
Article 34 Where a securities company engages in the securities brokerage business and provides investment consulting services for securities and securities-related products to its clients, and collects the securities investment consulting service fee separately without any other agreement with the clients on this service, its investment consulting service shall refer to the relevant requirements of these Provisions.
Article 35 These Provisions shall come into force as of 20111.