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The main contents of the provisions on the integrity of securities and futures operating institutions and their staff
The main contents of the provisions on the integrity of securities and futures operating institutions and their staff are as follows:
Establish an internal control system for integrity, formulate a specific and effective pre-risk prevention system, in-process control measures and post-event accountability mechanism, and evaluate the types of business, links and related work.
strengthen financial discipline and put an end to irregular behaviors such as off-balance-sheet accounts. Formulate clear internal decision-making processes and specific standards for expenses incurred in business activities to ensure that relevant expenses are legal and compliant.
strengthen risk identification and assessment, and strengthen post checks and balances and internal supervision mechanism.
Sentencing standard for the crime of illegally operating securities and futures:
This crime refers to the unauthorized operation of articles, licenses or approvals that restrict the operation and trading, as well as other illegal operations such as telecommunications, securities and futures industries, which disrupt the market order and have serious circumstances. Article 225 of the Criminal Law Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; ?
If the circumstances are especially serious, the offender shall be sentenced to more than five years, and shall be fined between one and five times of the illegal income or confiscated of his property:
(1) dealing in exclusive or special goods or other goods whose trading is restricted as stipulated by laws and administrative regulations without permission;
(2) buying and selling import and export licenses, import and export certificates of origin and business licenses or approval documents as stipulated by other laws and administrative regulations;
(3) illegally engaging in securities, futures or insurance business without the approval of the relevant competent department of the state;
(4) other illegal business operations that seriously disrupt the city order. Article 231 Where a unit commits the crimes specified in Articles 221 to 23 of this section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of each article of this section.
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