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Decision of China Securities Regulatory Commission and People's Republic of China (PRC) Ministry of Finance on Amending the Interim Measures for the Administration of Futures Investor Protection Funds
Decision of China Securities Regulatory Commission and People's Republic of China (PRC) Ministry of Finance on Amending the Interim Measures for the Administration of Futures Investor Protection Funds (20 16) 1. Delete "temporary" in the title and change it to "Measures for the Administration of Futures Investor Protection Funds". Two. Article 4 is amended as: "The guarantee fund shall be raised according to the principle of taking it from the market and using it for the market. The scale of the protection fund should be compatible with the development of the futures market and the level of market risk. " Three. Item (1) of Paragraph 2 of Article 9 is amended as: "A futures exchange shall charge a certain percentage of transaction fees to the members of a futures company", and item (2) is amended as: "A futures company shall charge a certain percentage of transaction fees to its agents". At the same time, one paragraph is added as the third paragraph: "The proportion of follow-up funds paid by the guarantee fund shall be determined by the China Securities Regulatory Commission and the Ministry of Finance, and may be adjusted according to the development of the futures market and the market risk level." Four. Article 10 is amended as: "Futures exchanges and futures companies shall pay the deposit annually. The futures exchange shall pay the guarantee that should be paid in the previous year within 30 working days after the end of each year, and withhold and remit the guarantee that should be paid by the futures company according to the proportion determined by the China Securities Regulatory Commission and the Ministry of Finance. " Article 11 is amended as: "In any of the following circumstances, with the approval of the China Securities Regulatory Commission and the Ministry of Finance, futures exchanges and futures companies may suspend the payment of protection funds:

"(a) the total amount of the guarantee fund is sufficient to cover market risks;

"(2) Futures exchanges and futures companies encounter major sudden market risks or force majeure.

"After the status quo is eliminated, payment can only be resumed with the approval of the China Securities Regulatory Commission and the Ministry of Finance." 6. One article is added as Article 12: "After the newly established futures company generates brokerage business income, it shall be included in the scope of deposit payment; If the company stops operating, it shall notify the futures exchange and withhold the share of the protection fund that should be paid in the current year. " Seven. Article 25 is renumbered as Article 26 and amended as: "If a futures company has a margin gap due to serious violation of laws and regulations or poor risk control, the China Securities Regulatory Commission will punish it according to Articles 66 and 67 of the Regulations on the Administration of Futures Trading and revoke its futures business license. Those suspected of committing a crime shall be transferred to judicial organs according to law. " Eight. Article 26 is renumbered as Article 27 and amended as: "If a futures exchange or futures company violates the provisions of these Measures, delays or refuses to pay the protection fund, and fails to save and submit relevant information and materials as required, the China Securities Regulatory Commission will punish it according to Articles 64 and 66 of the Regulations on the Administration of Futures Trading." Nine, this decision shall come into force 30 days after the date of promulgation.

The Interim Measures for the Administration of Futures Investor Protection Fund shall be revised according to this decision and the order of the provisions shall be adjusted accordingly, and shall be re-promulgated.