(a) soundness: internal control should be unified before, during and after the event; Covers all businesses, departments and personnel of securities companies, permeates all links such as decision-making, execution, supervision and feedback, and ensures that there are no gaps and loopholes in internal control.
(II) Rationality: The internal control shall conform to the relevant laws and regulations of the state and the relevant provisions of the China Securities Regulatory Commission, and adapt to the business scale, business scope, risk status and environment of the securities company, so as to achieve the internal control objectives at a reasonable cost.
(3) Checks and balances: the departments and posts of securities companies should be set with clear powers and responsibilities and contain each other; Proper separation of front-office business operation and back-office management support.
(4) Independence: The department responsible for internal control supervision and inspection shall be independent of other departments of the securities company.
Article 8 A securities company shall establish the concept of legal and compliant operation and the awareness of giving priority to risk control, improve the code of conduct of securities companies and the code of ethics of employees, and create a system and cultural environment for compliant operation.
Article 9 A securities company shall take practical and effective measures to prevent the misappropriation of clients' transaction settlement funds, clients' entrusted assets and clients' entrusted securities, and ensure the safety and integrity of clients' assets.
Article 10 A securities company shall establish a dynamic monitoring mechanism of net capital according to the change of business environment to ensure that the net capital meets the requirements of relevant regulatory indicators.
Article 11 A securities company shall establish and improve its governance structure. The governance structure of securities companies includes scientific decision-making procedures and rules of procedure, efficient and rigorous business operation system, sound and effective internal supervision and feedback system, and effective incentive and restraint mechanism. The board of supervisors and independent directors of securities companies should give full play to their supervisory functions and guard against manipulation by major shareholders and risk control by insiders.
Article 12 A securities company shall maintain the independence of assets, finance, personnel, business and institutions with its shareholders, actual controllers and related parties to ensure the independent operation of the securities company.
Article 13 A securities company shall establish a clear and reasonable organizational structure, and set up three strict and effective business monitoring lines according to its environment and its own operating characteristics, namely, the line of defense based on two important front-line posts, the line of defense for mutual checks and balances between relevant departments and posts, and the line of defense for comprehensive monitoring, inspection and feedback by independent supervision and inspection departments on various businesses, departments, branches and posts.
Article 14 A securities company shall strengthen the unified management of legal persons, establish a specific, clear and reasonable authorization, inspection and accountability system step by step, clarify the objectives, responsibilities and authorities of all departments and branches, and ensure that they exercise their business management functions within the scope of authorization. The business authorization of a securities company shall be in written form.
Article 15 A securities company shall, according to different posts and their nature, give them corresponding responsibilities and authorities, and each post shall have clear post responsibilities and clear reporting relationship.
Article 16 The separation wall system shall be established and improved among the main business departments of a securities company to ensure that brokerage, self-management, entrusted investment management, investment banking, research and consulting and other businesses are relatively independent. The personnel of the computer department, the financial department, the supervision and inspection department and the business department shall not concurrently hold positions with each other, and the fund settlement personnel shall not concurrently hold positions with the personnel of the computer department and the trading department.
Article 17 A securities company should constantly improve its comprehensive information management systems such as business, finance and human resources, strengthen the background management of business operations in light of its own reality, and improve the systems of centralized liquidation, centralized accounting and centralized management of customer data. Improve the ability of real-time early warning, monitoring and risk prevention.
Article 18 A securities company shall establish a complete business risk identification, evaluation and control system, continuously monitor credit risk, market risk, liquidity risk, operational risk, technology risk, policy and regulation risk and moral hazard by using various means such as sensitivity analysis, and define the risk management process and risk resolution methods.
Article 19 A securities company shall establish and improve various internal management systems such as authorization management, post responsibilities, supervision and inspection, assessment, rewards and punishments, etc. Formulate unified business processes and operational norms for brokerage, self-management, investment banking, entrusted investment management, research and consulting, and innovative business, and formulate clear control measures for the main risk points and risk nature of the business.
Article 20 A securities company shall vigorously strengthen the risk control of its own funds and clients' funds, establish a management system that separates decision-making, approval and monitoring of the use of its own funds, strengthen the control of the amount of funds and daily monitoring of the use of funds, and focus on monitoring the abnormal changes of funds and the deposit and withdrawal of large amounts of funds.
Article 21 A securities company shall establish a smooth and efficient information exchange channel and a reporting system for major events, as well as an information feedback mechanism for internal employees and customers, to ensure accurate information transmission, to ensure that the board of directors, the board of supervisors, the managers and the supervision and inspection departments know the operation and risk status of the securities company in time, and to ensure that all kinds of complaints, suspicious events and internal control defects are properly handled.
Article 22 A securities company shall record all businesses in a true, comprehensive and timely manner, give full play to the accounting supervision function of accounting, and ensure the truthfulness and completeness of information.
Article 23 Securities companies should strengthen the management of contracts, bills, seals and secret deposits. In accordance with the principles of special management, mutual restraint, proper examination and approval and strict registration. Important contracts and bills should have special measures, such as serial number control, void control, blank voucher control and application for registration control. The custody, approval and use of the official seal, special seal for contract, special seal for business, special seal for finance and electronic seal of securities companies should be properly separated and restrained.
Article 24 A securities company shall strengthen the proper custody and classified management of all kinds of files, including all kinds of meeting minutes and resolutions, business agreements, customer information, transaction records, vouchers and accounts, complaints and dispute handling records, and all kinds of laws and regulations.
Article 25 A securities company shall establish crisis handling mechanisms and procedures, and formulate effective emergency measures and plans.