Fund sales institutions refer to fund managers and other institutions recognized by China Securities Regulatory Commission (hereinafter referred to as China Securities Regulatory Commission).
These Measures shall apply to the participation of relevant fund sales institutions in fund sales business. Fund sales related institutions include institutions that provide payment and settlement services, fund sales settlement fund supervision, registration services and other services related to fund sales business. Article 3 When engaging in fund sales activities, a fund sales institution shall abide by laws and regulations and the provisions of the China Securities Regulatory Commission, and shall not harm the interests of the state, the public and the legitimate rights and interests of fund investors. Article 4 When engaging in fund sales activities, a fund sales institution shall abide by the provisions of the fund contract and the fund sales agreement, follow the principles of openness, fairness and impartiality, be honest and trustworthy, be diligent and conscientious, and abide by professional ethics and codes of conduct. Article 5 Fund sales settlement funds are the transaction settlement funds of fund investors, and institutions participating in the opening, use and supervision of special accounts for fund sales settlement shall not include the fund sales settlement funds into their own property. It is forbidden for any unit or individual to misappropriate the fund sales settlement funds in any form. When the relevant institution goes bankrupt or liquidates, the fund sales settlement funds do not belong to its bankruptcy property or liquidation property.
The fund sales settlement fund refers to the fund purchase (subscription), redemption, cash dividend and other funds collected by the fund sales institution, the fund sales payment settlement institution or the fund registration institution and transferred between the fund investor settlement account and the fund property custody account. Article 6 The China Securities Regulatory Commission and its dispatched offices shall supervise and manage fund sales activities in accordance with laws and regulations and these Measures. Article 7 The fund industry association shall, in accordance with laws, regulations and self-discipline rules, conduct self-discipline management of fund sales activities and qualification management of fund sales personnel.
Fund sales institutions and fund sales related institutions shall join the fund industry association and accept the self-discipline management of the industry association. Chapter II Fund Sales Institutions Article 8 A fund manager may handle the sales of the fund products raised by him. Commercial banks (including domestic and foreign-funded corporate banks, the same below), securities companies, securities investment consulting institutions, independent fund sales institutions and other institutions stipulated by the China Securities Regulatory Commission may apply to the China Securities Regulatory Commission for the qualification of fund sales business. Article 9 Commercial banks, securities companies, securities investment consulting institutions, independent fund sales institutions and other institutions specified by the China Securities Regulatory Commission shall meet the following conditions when applying for the qualification of fund sales business:
(1) It has a sound governance structure, internal control and risk management system, and has been effectively implemented;
(two) the financial situation is good, and the operation is standardized and stable;
(3) Having business premises, safety precautions and other facilities suitable for the fund sales business;
(4) It has safe and efficient technical facilities for fund sales, subscription and redemption, and meets the relevant requirements of the China Securities Regulatory Commission on the information management platform for fund sales business. The technical system of fund sales business has been networked with the corresponding technical systems of the fund manager and China Securities Depository and Clearing Company, and the test results meet the national standards;
(5) It has formulated a perfect fund settlement process, and the fund management meets the relevant requirements of the China Securities Regulatory Commission on the fund sales settlement fund management;
(6) Having a method system for evaluating the risk tolerance of fund investors and the risk grade of fund products;
(7) It has formulated a sound fund sales business management system such as business process, professional ethics of sales personnel and emergency measures, which meets the relevant requirements of the China Securities Regulatory Commission on the internal control of fund sales institutions;
(8) Having an anti-money laundering internal control system that meets the requirements of laws and regulations;
(9) Other conditions stipulated by the China Securities Regulatory Commission. Article 10 A commercial bank applying for the qualification of fund sales business shall meet the following conditions in addition to those stipulated in Article 9 of these Measures:
(1) Its capital adequacy ratio complies with the relevant provisions of the the State Council Banking Regulatory Authority;
(2) Having a department specially responsible for the fund sales business;
(3) It has not been subjected to administrative punishment or criminal punishment in the last three years;
(4) The department in charge of the fund sales business of the company is not less than 65,438+0/2 of the employees in this department, and the managers in charge of the fund sales business have obtained the qualification of fund business, are familiar with the fund sales business, and have worked in the fund business for more than 2 years or worked in other financial related institutions for more than 5 years; The persons in charge of the fund sales business of the company's main branches have all obtained the qualification of fund practice. Article 11 A securities company applying for the qualification of fund sales business shall meet the following conditions in addition to those stipulated in Article 9 of these Measures:
(a) there is a department responsible for the fund sales business;
(2) The financial risk monitoring indicators such as net capital comply with the relevant provisions of the China Securities Regulatory Commission;
(3) There has been no misappropriation of clients' assets or other acts that harm clients' interests in the last two years;
(4) It has not been put on file for investigation by the regulatory authorities or is undergoing rectification due to violations of laws and regulations, and has not been subjected to administrative or criminal punishment in the last three years;
(5) There are no major changes that have affected or may affect the normal operation of the company, or other major events such as litigation and arbitration;
(6) The department in charge of fund sales of the company shall not be less than 65,438+0/2 of the number of employees in this department, and the manager of the department in charge of fund sales has obtained the qualification of fund business, is familiar with fund sales, and has been engaged in fund business for more than 2 years or worked in other financial related institutions for more than 5 years; The persons in charge of the fund sales business of the company's main branches have all obtained the qualification of fund practice.