340 000 securities practitioners pay attention!The red line will let you practice being banned for life

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340 000 securities practitioners attention!The red line will let you practice being banned for life!Financial corruption introduction of new regulations, regulators have also applied new regulations agitation honest business industry-wide regulation of securities and futures industry implemented from today!  This means that hiding in the industry, all kinds of unspoken rules will be concentrated blow, not only industries and institutions from the level of internal control to prevent the transfer of benefits, individuals must avoid bribery or bribery situations arise from honest level。  Increasingly stringent regulation of capital markets, financial corruption, to rectify the chaos has become the basis for stable development of the securities and futures industry specific point of view, this rule include the following: 1, the securities and futures business institutions to establish internal controls incorruptibility system, the development of specific and effective advance risk prevention system, a matter of control measures and afterwards accountable mechanisms to assess engaged in the types of business sectors and related work, including a business contract, undertook, sales, trading, clearing, settlement, investment, procurement, business cooperation, recruitment and applying for administrative license, under supervision of law enforcement and self-regulation, etc.。  2, the securities and futures business institutions should strengthen financial discipline, put an end to extra accounts and other irregularities。Establish clear internal decision-making process and specific criteria for expenses business activities generated to ensure legal compliance-related expenses。  3, potential customer securities and futures business institutions and their staff in carrying out securities and futures business and related activities, not public officials, customers, under negotiation or other stakeholders transport illegitimate interests: including the provision of gifts, gift, estate, automobile, securities, shares, commission refund and other belongings, tourist, dinner, entertainment, fitness, working arrangements, arrangements deviate significantly from the fair value of structured, high-yield, guaranteed financial products trading, provided directly or indirectly to others insider information, non-public information, trade secrets, etc.。  4, the securities and futures business institutions staff shall not seek illegitimate interests, including the acceptance obtain property or interests of others; use of inside information provided by others or actively acquired directly or indirectly, undisclosed information, trade secrets, etc.。  5, the investment banking business focus norms, "hunting" prison staff, snoop confidential information, interference audit, instigate or assist others to bribery and other outstanding issues detailed provisions。Securities and futures business institutions and their staff in carrying out investment banking, not a non-fair price for their own or improper manner or stakeholders intends to acquire shares of listed companies; the proposed merger and reorganization of listed equity shares or underlying assets; placing bonds or agreement repurchase bonds; the issuance of securities leak inquiry and pricing information, price manipulation and other securities issuance。  6, securities and futures business institutions shall regularly or irregularly honest business internal inspection, timely rectification of problems found, the responsible person dealt with severely。April 30 of each year, submit the annual report on honest business management to the Commission about the agency。  7, the securities and futures business institutions working personnel carriers in carrying out securities and futures business and related activities to public officials and stakeholders illegitimate interests, or instigating, assisting others to public officials and stakeholders transport illegitimate interests, the circumstances are especially serious, the Commission may take measures according to the law of their life market exclusion。  8, should abide by the independent securities company assumed responsibility, diligence obligation, in accordance with regulations and the objective needs of the rational use of third-party services will not be outsourced statutory duties。Securities companies should bear responsibility not to hire a third party due to reduce or waive。Securities companies sound internal control system to increase control efforts on the behavior of individuals to hire third-party organization or compliance review, and effectively guard against the risk of illegal transfer of benefits by a third-party organization or individual。  9, clearly related securities companies hire the behavior of disclosure requirements, requires securities firms to hire key elements related to the type of organization, services, fees and other continuous disclosure standards。  10, the relevant securities company hired investment bank projects its clients and their legal compliance verification and comment, from today, to submit an application to the China Securities Regulatory Commission and the various self-regulatory organization of investment banking projects, the first to be hired tripartite。  Financial corruption of the wind to the capital market, now on the implementation of financial corruption of the wind to the capital market, to form a system of two rules, one for "securities and futures business institutions and their staff honest business requirements" (referred to as "provisions "), is a" clean business to strengthen risk prevention and control of securities companies hire third-party investment banking business and other opinions "(hereinafter" opinion ")。  Both documents have been consulted earlier, May 4, 2018 and December 29, 2017, the SFC for comments to the public on the "rule" and "opinion"。  As of the end of the comments, "provides" received a total of 68 observations and recommendations of 12 units and 13 individuals, "opinions" were received 45 comments and suggestions 16 units and an individual。From the feedback situation, the Commission spokesman Changde Peng introduced, all parties to the basic idea of "rule" and "opinions", the overall framework and main content agreed and gave a high evaluation。At the same time, the parties also made some specific proposed changes。Commission on the basis of considering the actual situation and industry regulation, the adoption of reasonable and feasible opinions and suggestions, modify the "opinions" of the title, and the "rule" and "comments" related content was perfect。  Changde Peng said that each of the securities and futures business institutions should strictly implement the "Regulations" and "advice" requirement, effectively strengthen the main responsibility for honest business risk prevention, and to establish relevant internal control system, conscientiously perform their duties。The SFC will strengthen information disclosure by the audit, carry out on-site inspections, etc., to supervise the securities and futures business institutions to seriously implement, and in violation of "regulations", "opinions" of behavior dealt with severely。  Business expenses need to improve the standard rules after the China Securities Regulatory Commission should strengthen the clear and honest practitioners of supervision and administration of securities and futures business institutions and their staff。Securities Association of China, China Futures Association, the China Securities Investment Fund Association and other self-regulatory organizations honest business self-regulation of securities and futures business institutions and their staff in accordance with the articles of association, related self-regulatory rules, the securities and futures business institutions bear the risk of anti incorruptibility control the main responsibility。  According to "require", the securities and futures business institutions should appoint a special department for honest business case of this institution and its staff supervision, inspection, give full play to force discipline inspection and supervision, compliance, audit and other departments, identify problems in time, timely and significant case report。At the same time should be established honest business internal control system, the development of specific and effective advance risk prevention system, a matter of control measures and post-accountable mechanism, are engaged in business types, links and related work and honest risk assessment of scientific and systematic, incorruptibility identify risk points。  Which types of business sectors including business contract, undertook, sales, trading, clearing, settlement, investment, procurement, business cooperation, personnel recruitment, as well as applying for administrative license, under supervision of law enforcement and self-regulation, etc.。Securities and futures business institutions should be included in the staff of honest business personnel management system, in the case of hiring personnel, when the situation promotion, promotion, termination and assessment, audit, audit, etc., to be honest practitioner case study assessment of its。  "Regulations" also requires that securities and futures business institutions should strengthen financial discipline, put an end to extra accounts and other irregularities。Establish clear internal decision-making process and specific criteria for expenses business activities generated to ensure legal compliance-related expenses。  A number of prohibitions baked "provision" clearly a number of prohibitions。Among them, the potential customer securities and futures business institutions and their staff in carrying out securities and futures business and related activities, in the following manner not public officials, customers, under negotiation or other stakeholders transport improper benefits: First, to provide gifts, gifts, real estate, cars, securities, shares, commission refund and other property, or to provide support for the above acts on behalf of other convenience; second is to provide benefits tourism, banquets, entertainment and fitness, work arrangements; the third is scheduled deviate significantly from the fair price structured, high-yield, guaranteed financial products, trading; Fourth, directly or indirectly, to provide inside information to others, non-public information, trade secrets and customer information, express or implied others to engage in related transactions; Fifth other transport illegitimate interests case。  For the securities and futures business institutions and their staff in accordance with the internal regulations of the securities and futures business institutions to develop and define standards in accordance with law, shall be reasonable marketing, the above provisions do not apply。  Securities and futures business institutions staff shall not seek illegitimate interests in the following ways, including: First, directly or indirectly, in the form of acceptance listed above, to obtain property or interests of others; the second is the use of insider information provided by others or actively acquired directly or indirectly , non-public information, trade secrets and customer information to seek benefits; three is to induce customers to engage in unnecessary transaction, using client assets entrusted unnecessary transactions, etc. to benefit; Fourth illegal activities engaged in profit-making business, which may affect their illegal part-time the independence of their duties or engage in activities with the institution or the legitimate interests of investors in conflict; Fifth, illegal use of powers to close relatives or other stakeholders engaged in profit-making business activities provide convenient conditions; six other circumstances seek illegitimate interests。  "Rules" also clearly run institutions and their staff shall not interfere with or abetting securities and futures in the following ways to help others or interfere with the securities and futures supervision and management of self-management, including improperly influence Regulatory or self-management decisions; and supervision or self-management personnel working arrangements; obtaining inside information; assisting stakeholders, refuse, interfere with, hinder or not with regulators to exercise supervision, inspection and investigation powers, etc.。  For investment banking, business rules require institutions and their staff shall not exist seven types of securities and futures scenarios, including: one's own or stakeholders intends to acquire shares of listed companies of unfair prices or improper way; the second is non-fair prices or improper means to obtain the proposed merger and reorganization of listed equity or equity underlying assets for their own or stakeholders; three is a non-placement bonds at fair prices stakeholders or agreement to repurchase bonds; Fourth leak inquiry securities issuance and pricing information, manipulate stock issue price; Fifth transfer benefits directly or indirectly through third parties or hire a personal way; Sixth, with supervisors or other persons familiar with, or commitment to price ,, received approval and obtain approval time is soliciting project, agreed service charge; seven other transport or seek illegitimate interests of the。  Investment banks need to hire third parties to comment on the clean air controlled delivery of high-risk areas for investment banking business interests, the Commission also established special rules require securities firms to hire paid all kinds of third-party organizations and individuals in the investment banking business of integrity risk prevention and control practitioners to comment。Including underwriting and sponsorship, mergers and acquisitions of listed companies financial adviser, entrusted with the management of corporate bonds, non-listed public companies with investment recommendations and other characteristics of the banking business, such as asset securitization。Subsidiary to carry out asset securitization business and so need to hire a third party。  "Opinions" that securities companies should effectively enhance the awareness and sense of responsibility of honest business risks, prohibit the transfer of benefits, commercial bribery and other acts in various forms, the rational use of third-party services will not be outsourced statutory duties。Securities companies should bear responsibility not to hire a third party due to reduce or waive。And pointed out that securities companies should establish a sound internal control mechanism, enhance compliance risk control level, the development of rules and norms to hire a third party, the third party should clear the qualifications and selection processes, while strictly perform background checks, contract review, approval, and other expenses process, strengthen the investment banking business in the paid employ all kinds of third-party behavior control efforts, ensure legal compliance-related behavior hire。  Securities investment banking business in the company directly or indirectly paid to hire a third party, to pay only the cost of its own funds to hire。Opinions also clear disclosure requirements for securities firms to hire related behavior, securities companies do not exist in the investment banking business of all kinds should be paid directly or indirectly to hire third-party behavior, project applications described in the disclosure document does not exist Undisclosed hire third-party behavior。  And outside of, the securities company to deal with projects of investment banking clients for special verification service agencies that focus on securities law in such projects need to hire law firms, accounting firms, asset evaluation agencies, rating agencies, whether or not there is a direct or indirectly paid to hire other third-party behavior, and behavior is relevant to hire legal compliance。  Since the submission of the project application to the investment bank continuous supervision, the end of the duration of fiduciary management, securities companies and their clients to hire new hire a third party or the original matter changes occur, the securities company shall timely implementation of the compliance review, information disclosure , verification and comment on other procedures。  Touch the red line, the administrative punishment "serve", "rule" requires securities and futures business institutions shall regularly or irregularly honest business internal inspection, timely rectification of problems found, the responsible person dealt with severely。And require securities and futures business institutions shall submit the annual report to the honest business management agency of China Securities Regulatory Commission before 30 April each year。China Securities Regulatory Commission inspection in the field of securities and futures business institutions and their staff, clean business can be incorporated into the management of the inspection scope。  In terms of administrative punishment, securities and futures business institutions and their staff in violation of regulations, the China Securities Regulatory Commission issued a warning letter can be taken, and ordered to participate in training, and ordered periodic reports, ordered to make corrections, monitor conversations, regarded as improper person, will not be accepted administrative licenses and other relevant documents administrative controls。Securities and futures business institutions and their staff in violation of regulations, and constitutes a violation of the "Securities Law", "Securities Investment Fund Law," "Supervision and Regulation of Securities Companies", "Exchange Management Regulations" provides illegal circumstances, the Commission can take to limit business activities, limit payment of remuneration to the directors, supervisors and senior management personnel, provide welfare, ordered to replace administrative controls directors, supervisors and senior management personnel, and be punished in accordance with the provisions of relevant laws and regulations。  From a disciplinary warning, a fine of 30,000 yuan, the measures to be taken for life Shichangjinru rules have made specific provisions。For direct, indirect or instigating, assisting others to transfer benefits to regulators; continuous or repeated violation of the provisions; large amount of money involved or more involved personnel; produced adverse social impact; in particular, public officials who are regulators, as well as a former securities the case of futures business institutions compliance risk control positions in violation of the provisions of the Commission will be severely dealt with。  For alleged violation of party and government, the China Securities Regulatory Commission related to the situation of the unit in charge of discipline inspection and supervision department; suspected of a crime shall be transferred supervision, judicial organs, be held criminally responsible。  Are subject to regulation from the industry norm is worth noting that the provisions of the alleged securities and futures business institutions refers to securities companies, futures companies, fund management companies and their subsidiaries。The provisions referred to regulators including personnel, issuance examination committee members, members of the committee engaged in mergers and acquisitions supervision of the China Securities Regulatory Commission and its agencies, trade associations, securities and futures exchanges, the country's small and medium enterprises and other units such as share transfer system。Private equity fund managers, other public fund managers, securities and futures investment consultancy, securities credit rating agencies, institutions, fund trustees and fund evaluation ,, information technology services and other types of institutions engaged in securities and futures services reference implementation of the provisions。