Asset Management: A Pilot Approach To Futures Company'S Asset Management Business
The third chapter
business
Standard
The customers of the ninth asset management businesses should have strong financial strength and risk bearing capacity.
The initial client assets of a single customer shall not be less than 1 million yuan RMB.
Futures Company can raise the requirement for initial entrustment assets.
Tenth Futures Company directors, supervisors, senior managers, employees and their spouses shall not be clients of the company's asset management businesses.
The shareholders of the Futures Company, the actual controllers and their associated parties, and the parents and children of the directors, supervisors, senior managers and employees of the Futures Company shall become clients of the asset management business of the company. They shall, within 5 working days from the date of signing the asset management contract, file a record with the dispatched offices of the CSRC at their domicile and disclose their affiliation or kinship on the company's website.
Eleventh article
Futures Company
We should sign a written asset management contract with the client, provide asset management services to clients in accordance with the contract, and assume the accountability of asset management.
The Futures Company should diligently, professionally and professionally formulate and implement asset management investment strategies for clients, manage entrusted assets and control investment risks in accordance with the contract.
The investment scope of the twelfth asset management businesses includes:
(1) futures, options and other financial derivatives;
(two) stocks,
bond
Securities investment funds, collective asset management plans, central bank bills, short term financing bonds, asset backed securities, etc.
(three) other investment types approved by the China Securities Regulatory Commission.
The scope of investment in asset management business shall be in accordance with the contract stipulates, and shall not exceed the scope specified in the preceding paragraph, and shall be matched with the customer's risk perception and affordability.
Thirteenth, Futures Company should keep client's entrusted assets independent from Futures Company's own assets, and establish independent accounts, independent accounting and separate account management for entrusted assets of different clients.
If an asset management business invest in a futures variety, the Futures Company and the client shall manage and access the entrusted assets in accordance with the relevant provisions of the futures margin security custody.
When a dispute occurs between Futures Company and the third party, Futures Company is bankrupt or liquidation, the client's entrusted assets shall not be used to settle the debts of the Futures Company, and it shall not belong to its bankrupt property or liquidation property.
The fourteenth Futures Company shall not publicize and publicize asset management business or attract customers through public media such as television, newspapers and radio.
Futures Company should not publicize the expected revenue from asset management business, nor cheat customers by exaggerating asset management performance.
The fifteenth customer shall entrust the Futures Company with the real identity for asset management. The source and use of the entrusted assets shall comply with the provisions of laws and regulations, and shall not raise funds to the public in violation of regulations.
The client shall make a written commitment to the legality of the source and purpose of the entrusted assets.
Sixteenth, Futures Company should fully disclose the risks of asset management business to customers, explain and explain the relevant asset management investment strategies and contract terms, and make the risk disclosure book to the customer to sign or seal in person.
The seventeenth customers should have a proper understanding of market and product risks, take the initiative to understand the risk return characteristics of asset management investment strategies, and conduct self-assessment in combination with their own risk tolerance.
Futures Company should conduct a careful assessment of customer Appropriateness.
The eighteenth asset management contract shall clearly stipulate that the investment risk shall be borne by the client independently.
The Futures Company shall not promise or guarantee the lowest income or share loss of the entrusted assets to the customer.
The customer commitments, risk disclosures and asset management contract texts used by the Futures Company should include the necessary terms of the contract, and the agency of the China Securities Regulatory Commission (CSRC) at the domicile of the times.
In the nineteenth asset management business investing in futures varieties, the Futures Company shall open or revoke the accounts under its management in accordance with the provisions of the futures market opening account (hereinafter referred to as the futures asset management account), apply for or cancel the paction code, and separately identify and manage the futures asset management account and its paction code separately.
If an asset management business investing in a non futures variety, the Futures Company shall comply with the relevant account opening regulations, open or cancel joint account and other accounts for asset management.
The Futures Company shall file a record with the monitoring center within 5 working days from the date of opening an account.
The Futures Company shall not carry out asset management pactions until the account is opened for record.
The twentieth Futures Company shall clearly stipulate the time limit for entrustment, the method of adding or drawing up the entrusted assets and the time of the client in the asset management contract.
The twenty-first Futures Company should provide daily information on profit and loss and net value of client entrusted assets to the monitoring center investor inquiry system.
The Futures Company and the monitoring center should ensure that customers can check the profit and loss and net value information of the entrusted assets in time.
The twenty-second Futures Company can collect a certain proportion of management fees with clients, and may agree to collect the corresponding remuneration based on asset management performance.
Twenty-third, Futures Company should clearly stipulate the risk warning mechanism with customers. Futures Company should prompt customers to prompt risks according to the loss of entrusted assets.
The Futures Company shall clearly stipulate with the customer that when the assets loss is entrusted to a certain proportion of the initial entrusted assets, the Futures Company shall inform the client promptly in accordance with the contract's time and manner, and the customer shall have the right to terminate the asset management entrust in advance.
Twenty-fourth, when Futures Company is engaged in asset management business and changes in investment manager and other major matters that may affect the rights and interests of customers, the Futures Company shall inform the customers promptly in accordance with the contractual terms and time, and the customer has the right to terminate the asset management delegation in advance.
Twenty-fifth, when a client is entrusted with an important change in the ownership of the assets and other major situations that may affect the normal operation of the asset management business, the Futures Company shall have the right to terminate the asset management entrust in advance according to the contract.
Twenty-sixth, Futures Company should clearly stipulate the specific reasons for the termination of assets management, subsequent handling and responsibility bearing in the asset management contract with clients.
Where the asset management is terminated, the Futures Company shall, in accordance with the contract, go through the following procedures:
(1) clearing the related expenses in time and returning the remaining entrusted assets to the customers;
(two) timely withdrawal of the futures asset management account;
(three) timely withdrawal of non futures investment accounts.
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