AnnouncementNo. [20 10] of CSRC 1 1

In order to strengthen the supervision of securities brokerage business of securities companies, standardize securities brokerage business activities and protect the legitimate rights and interests of investors, these Provisions are formulated in accordance with the Securities Law, the Regulations on the Supervision and Administration of Securities Companies and other laws and regulations:

Securities companies should establish and improve the management system of securities brokerage business, implement centralized and unified management of securities brokerage business, prevent conflicts of interest between companies and customers, earnestly fulfill their anti-money laundering obligations, and prevent acts that harm the legitimate rights and interests of customers.

2. When engaging in securities brokerage business, a securities company shall objectively explain its business qualifications, service responsibilities and scope, and shall not provide false or misleading information, conduct business by means of unfair competition, or induce investors who have no willingness to invest or risk tolerance to participate in securities trading activities.

Three, securities companies should establish and improve the customer management and customer service system of securities brokerage business, strengthen investor education, and protect the legitimate rights and interests of customers.

(1) Establish and improve the customer account management system. When a securities company signs a securities trading agency agreement with a customer, it shall open a capital account for the customer, and open a securities account for the customer who enters the securities market for the first time on behalf of the securities registration and settlement institution, and handle the deposit procedures of the customer's transaction settlement funds (hereinafter referred to as the customer's funds) in accordance with the regulations. A customer's capital account shall be opened at the scene of the securities business department, and the securities account shall be opened at the scene of the securities business department or the securities registration and settlement institution, except as otherwise provided by laws, regulations and the China Securities Regulatory Commission.

Securities companies should fully understand the customer's situation, check the authenticity of the customer's name and identity when opening an account, register the basic information of the customer's identity, and keep copies or photocopies of valid identity documents or other identity documents. If it is found that the identity of the customer is in doubt, the customer shall be required to supplement the original identity certificate issued by the public security organ where the household registration is located within the validity period, as well as other certification materials sufficient to confirm his identity. If it cannot be confirmed, it shall refuse to open an account for the customer.

Securities companies shall not restrict customers from terminating the trading agency relationship or transferring assets in violation of regulations. Where a customer applies for re-custody, cancellation of designated transactions or cancellation of accounts, it shall be completed within two trading days after accepting the customer's application and completing the settlement of its account transactions (including but not limited to transactions, fund consignment, subscription of new shares, etc.). ), except as otherwise provided by laws and regulations, China Securities Regulatory Commission, stock exchanges and securities registration and settlement institutions.

(2) Establish and improve the customer suitability management system to provide customers with suitable products and services. A securities company shall, according to the financial and income status, securities professional knowledge, securities investment experience, risk preference, age and other factors, make a preliminary risk tolerance assessment of its customers when signing an agency agreement with them, and then conduct a follow-up assessment at least once every two years according to their securities investment, and conduct classified management of their customers. Classification results should be recorded and retained in written or electronic form.

A securities company shall clearly inform its customers of the risk characteristics of the services it provides or the products it sells in advance, and provide services or products suitable for customers' risk tolerance according to the prescribed procedures. The risk characteristics and information of services or products shall be recorded and saved in written or electronic form. If a securities company thinks that a service or product is not suitable for customers or cannot judge its appropriateness, it should remind customers of the situation and let customers choose whether to accept the service or product. The tips of securities companies and customers' choices should be recorded and saved in written or electronic form.

(3) Establish and improve customer transaction safety monitoring system to protect customer assets. A securities company shall cooperate with the regulatory authorities and the stock exchange in the supervision, control and investigation of customers' abnormal trading behaviors, and provide true, accurate and complete customer account information and related transaction descriptions in a timely manner according to the requirements of the regulatory authorities and the stock exchange. In case of suspicious transactions such as theft, trading, etc., the customer shall be informed in time and the retained evidence shall be verified; If it is basically confirmed that there are abnormal trading behaviors such as stealing, buying and selling, measures should be taken immediately to control assets and assist customers to report to the public security organs.

Securities companies should require customers to set their own passwords when opening capital accounts, remind customers to modify their passwords in time and enhance their password strength, and remind customers to strengthen the protection of identity documents, account numbers and passwords in the business premises of securities business departments, company websites, online securities clients and self-service securities trading clients.

A securities company shall, in accordance with laws and regulations, the provisions of the China Securities Regulatory Commission and the contract, ensure that customers can inquire about their entrustment, transaction records, securities and fund balances at least during the business hours of the securities company through letters, emails, short messages, online inquiries or other means agreed with customers.

(four) to establish and improve the customer return visit system, timely find and correct irregular behavior. Securities companies should organize customers to pay a return visit in a unified way, and complete the return visit to new customers within 1 month. The proportion of return visits by existing customers shall not be less than 65,438+00% of the total customers at the end of last year (excluding customers with dormant accounts and suspended trading accounts). The contents of the return visit shall include, but not limited to, customer identity verification, customer account change confirmation, whether the securities business department and securities practitioners illegally operate accounts on behalf of customers, whether the risks are fully revealed to customers, and whether there is discretionary behavior. The customer should leave a mark on the return visit, and the relevant information should be kept for at least 3 years.

(five) establish and improve the customer complaint handling system, properly handle customer complaints and disputes with customers. Securities companies and securities business departments shall publicize the customer's complaint telephone number, fax number and e-mail address in a prominent position on the company's website and business premises to ensure that the complaint telephone number is answered at least during business hours. Securities companies and securities business departments shall establish written or electronic files of customer complaints for a period of not less than 3 years. Before the end of April each year, securities companies and securities business departments shall summarize the complaints and handling of securities brokerage business in the previous year and report them to the securities regulatory bureau where the securities company is domiciled and the securities regulatory bureau where the securities business department is located for the record.

(six) establish and improve the customer data management system to ensure the safety and integrity of customer data. A securities company shall establish a separate paper or electronic file for each customer, and the customer file shall include the names, addresses, communication contact information of the customer and the agent, photocopies of the identity documents of the customer and the agent, photocopies of the securities account card, securities trading entrustment agreement, customer fund depository agreement, power of attorney, risk disclosure statement and other information specified by the China Securities Regulatory Commission. A securities company shall properly keep the clients' files and materials and keep them confidential.

Four, securities companies should establish and improve the management of securities brokerage business personnel and scientific and reasonable performance appraisal system, standardize the behavior of securities brokerage business personnel.

(1) Personnel engaged in technology, risk monitoring and compliance management are not allowed to engage in business activities such as marketing, customer accounts and deposit of customer funds; Marketing personnel shall not handle customer accounts and customer funds depository business; Technicians are not responsible for risk monitoring and compliance management.

(2) Establish a check-and-balance mechanism between business managers related to changes in customer equity. Businesses directly related to the rights and interests of customers, such as the opening, information modification and cancellation of customer's capital accounts and securities accounts, the establishment and change of customer's fund depository relationship, the transfer of customer's securities accounts to custody and the cancellation of designated transactions, should be operated by one person and rechecked by one person, and the rechecking should leave traces. Unconventional business operations, such as restricting the transfer of customers' assets, changing the corresponding relationship between customers' securities accounts and capital accounts, and incorrect confirmation and adjustment of customer account assets change records, should be approved in advance and rechecked afterwards, and both approval and rechecking should leave traces.

(3) A securities company shall ensure that customers can inquire about the securities company's brokers, their names, practice certificates, certificate numbers and other information at any time during the business hours of the securities company by providing online inquiry, written inquiry or publicity at the business place.

(4) The performance appraisal and encouragement of securities brokers by securities companies should not be simply linked to the number of customer accounts opened and the volume of customer transactions, but should take the compliance of the assessed personnel's behavior, the appropriateness of services and the complaints of customers as important contents of the appraisal, and the appraisal results should be recorded and saved in written or electronic form.

Five, the securities company shall establish and improve the management system of the securities business department, to ensure the standardized, stable and safe operation of the securities business department.

(1) The securities business department shall place the Business License for Securities Operating Institutions in a prominent position in its business premises and engage in business activities within the permitted scope.

(2) The securities business department shall establish and improve the seal management system, register all kinds of seals, and establish internal control processes such as the use, storage and handover of all kinds of seals.

(3) The securities business department shall establish and improve the safety mechanism of the business premises, ensure smooth contact with local public security, fire control and other relevant departments, and maintain a stable trading order; Formulate emergency plans for major emergencies, organize self-inspection on a regular basis, and conduct drills as required. Self-inspection and drills shall be recorded and kept in writing for not less than 3 years.

(4) The person in charge of the securities business department is directly responsible for the standardized, safe and stable operation of the securities business department. A securities company shall conduct an annual assessment of the person in charge of the securities business department every year, and the annual assessment shall be recorded and kept in writing.

(5) The person in charge of the securities business department shall be forced to leave his post at least once every three years, and the period of forced resignation shall not be less than 10 working days. During the compulsory resignation of the person in charge of the securities business department, the securities company shall conduct an on-site audit of the securities business department, and the audit report shall be recorded and kept in writing.

(6) If the person in charge of the securities business department leaves his post, the securities company shall conduct an audit. Before the end of the outgoing audit, the audited entity shall not leave; If illegal business practices are found, the securities company shall investigate its internal responsibilities and report them to the local regulatory authorities or judicial organs for handling according to law. The illegal personnel shall not be transferred to other heads of securities business departments or managers of securities companies with the same position or above for at least 2 years. A securities company shall, within 3 months after the end of the audit, report the outgoing audit report of the person in charge of the securities business department to the securities regulatory bureau where the securities business department is located and where the company is domiciled for the record.

(7) The contents of annual assessment, audit and audit mentioned in items (4) to (6) of this article include the following matters of the securities business department: whether there is misappropriation of customer assets, whether there is sufficient authorization from customers, whether there is improper products and services provided to customers, whether there is illegal financing and guarantee, whether there is promised income to customers, whether there is out-of-scope operation, whether there is illegal account business for customers, whether there is a major information security incident, and whether there is any violation.

Six, securities companies should establish and manage the securities brokerage business customer account management, customer funds deposit, trading agency, clearing and settlement, securities custody, trading risk monitoring and other information systems, all business data should be stored centrally.

A securities company shall uniformly allocate and grant the authority and parameters of the securities brokerage business information system; A securities company shall not grant the securities business department the system authority to charge and discharge customer funds, securities and accounts, transfer funds and securities between customers, and modify liquidation data; The new information system established by the securities business department shall be uniformly organized and implemented by the securities companies.

Seven, the securities business department and securities practitioners in violation of laws, administrative regulations, regulatory agencies and other administrative rules, as well as the self-discipline rules of securities companies, securities brokerage business management system, should be held accountable for securities companies. The annual compliance report of a securities company shall include the compliance of securities brokerage business, the main problems found and internal accountability and other related contents.

Eight, securities companies, securities business departments in violation of these provisions, the China Securities Regulatory Commission and its dispatched offices will, depending on the situation, take regulatory measures according to law, such as ordering corrections, supervising talks, issuing warning letters, temporarily refusing to accept relevant documents of administrative license, ordering to punish relevant personnel, suspending approval of new business, and restricting business activities. Violation of laws and regulations, administrative punishment according to law. If the case constitutes a crime, it shall be transferred to judicial organs for handling.

Nine, the provisions shall come into force as of May 20th, 20 1 year. Notice on Perfecting the Inspection System to Prevent Stock Piracy (Fa Zi [1994] No.78), Notice on Strengthening Risk Prevention in Securities Business Department (Ji Zi [1999] No.56) and Notice on Issues Related to Clearing the Bankbook Stock Trading Business (Zi [65439]).