Article 1 In order to strengthen the supervision and management of futures companies and promote their internal control, risk prevention and steady development, these Measures are formulated in accordance with the Regulations on the Administration of Futures Trading. Article 2 Futures companies shall prepare and submit risk supervision statements in accordance with the provisions of these Measures. Article 3 A futures company shall establish an internal control system suitable for risk supervision indicators, and establish a dynamic risk monitoring and capital replenishment mechanism to ensure that risk supervision indicators such as net capital continue to meet the standards. Article 4 Before a futures company expands its business scale or makes a decision that may have a significant impact on its net capital, such as distributing profits to shareholders, it shall conduct a sensitivity test on the corresponding risk supervision indicators. A futures company shall, according to the regulatory requirements and market changes, conduct stress tests on the company's risk regulatory indicators in a timely manner. Article 5 A futures company shall employ an accounting firm with securities and futures-related business qualifications to audit the annual risk supervision statements of the futures company. Accounting firms and their certified public accountants shall be diligent, check and verify the authenticity, accuracy and completeness of the documents and materials on which the report is based, and be responsible for the legality and authenticity of the audit report. Calculation of risk supervision index
Article 6 The risk supervision indicators of futures companies include the net capital of futures companies, the ratio of net capital to company risk capital reserve, the ratio of net capital to net assets, the ratio of current assets to current liabilities, the ratio of liabilities to net assets and the minimum settlement reserve requirements. There are risks that may lead to net capital loss when futures companies carry out various businesses and set up branches. Calculate the risk capital reserve according to certain standards, establish the corresponding relationship between risk capital reserve and net capital, and ensure that all risk capital reserves are supported by corresponding net capital. Article 7 The term "net capital" as mentioned in these Measures refers to a comprehensive risk supervision index which is based on the net assets of a futures company and carries out risk adjustment on assets, liabilities and other items according to liquidity. The calculation formula of net capital is: net capital = net assets-adjusted value of assets+adjusted value of liabilities-margin not fully added by customers-/+other adjusted items. Article 8 A futures company shall adjust the risk of assets in different proportions according to their classification, liquidity, aging and recoverability. Article 9 The financial assets held by a futures company shall be subject to risk adjustment in different proportions according to their categories and liquidity. Article 10 A futures company shall adjust the risk of accounts receivable in different proportions according to the age and specific accounting contents of accounts receivable. If the classification meets two or more criteria at the same time, the highest proportion shall be adopted for risk adjustment. Article 11 When calculating the net capital, a futures company shall, in accordance with the provisions of the Accounting Standards for Business Enterprises, make adequate provision for impairment of assets for related items. The dispatched office of the China Securities Regulatory Commission may require the futures company to make a special explanation on the adequacy and rationality of the provision for asset impairment; If there is evidence that the futures company fails to make full provision for asset impairment, the agency of China Securities Regulatory Commission shall require the futures company to reduce its net capital accordingly. Article 12 When calculating the net capital, a futures company may add back "futures risk reserve" and other debt items that are helpful to enhance its ability to resist risks. In addition to the "futures risk reserve", if a futures company thinks that a liability needs to be adjusted when calculating its net capital, it shall add a note to explain in detail the specific content reflected by the liability; China Securities Regulatory Commission and its dispatched offices may decide whether to agree to adjust liabilities according to the principle of prudent supervision. Article 13 A futures company shall confirm its estimated liabilities in accordance with the provisions of the Accounting Standards for Business Enterprises. The dispatched office of the China Securities Regulatory Commission may require the futures company to make a special explanation on the estimated liabilities; If there is evidence that the futures company fails to accurately confirm the estimated liabilities, the agency of China Securities Regulatory Commission shall require the futures company to reduce its net capital accordingly. Article 14 If the customer's margin is not increased in full, the futures company shall reduce its net capital accordingly. The customer margin that has not been fully added shall be calculated according to the margin standard stipulated by the futures exchange, excluding the debts caused to the futures company by customers who have been recorded in the subject of "risk loss receivable". Article 15 A futures company shall fully disclose the nature, amount involved, causes of formation, progress, possible losses and accounting treatment of expected losses of contingent liabilities such as pending lawsuits and arbitrations at the end of the period in the notes to the net capital calculation table, and deduct them according to a certain proportion when calculating the net capital. China Securities Regulatory Commission and its dispatched offices may require futures companies to adjust the deduction ratio according to the principle of prudent supervision. Article 16 Where a futures company borrows subordinated debts, it may include the borrowed subordinated debts into its net capital according to the proportion stipulated by the China Securities Regulatory Commission. Long-term loans with the nature of subordinated debts borrowed by futures companies from shareholders or their affiliated enterprises can be included in the net capital according to the proportion stipulated by the China Securities Regulatory Commission when calculating the net capital. Article 17 If the customer's margin is not increased in full, the futures company shall deduct it when calculating the settlement reserve that reaches the prescribed minimum amount. If the customer's margin has been fully increased before the reporting date, the futures company may explain it in the notes to the statement. Risk supervision index standard
Article 18 A futures company shall continuously meet the following risk supervision index standards: (1) The net capital shall not be less than RMB 6,543,800+0,500; (2) The ratio of net capital to the company's risk capital reserve is not less than100%; (3) The ratio of net capital to net assets shall not be less than 40%. (4) The ratio of current assets to current liabilities shall not be less than100%; (5) The ratio of liabilities to net assets shall not be higher than150%; (6) Minimum settlement reserve requirements. Article 19 A futures company shall calculate the risk capital reserve of various businesses and the risk capital reserve of the company according to the standards stipulated by the China Securities Regulatory Commission. The risk capital reserve of each business is calculated by multiplying the business scale by a certain proportion (that is, the risk coefficient) or according to a certain standard. The risk capital reserve of a futures company is obtained by adding all the risk capital reserves. Article 20 According to the principle of prudent supervision, combined with the market development situation and the risk management ability of futures companies, and on the basis of soliciting opinions from the industry, China Securities Regulatory Commission may adjust the calculation standards and minimum requirements of net capital of futures companies, risk supervision index standards, risk capital reserve calculation standards, etc. Article 21 The China Securities Regulatory Commission shall set early warning standards for the risk supervision indicators specified in Article 18. "Not lower than" the risk supervision index of a certain standard, the early warning standard is 120% of the specified standard, and "not higher than" the risk supervision index of a certain standard, and the early warning standard is 80% of the specified standard. Compilation and disclosure
Article 22 A futures company shall submit monthly and annual risk supervision statements. A futures company shall, within 7 working days after the end of each month, submit a monthly risk supervision report to the agency of the China Securities Regulatory Commission where the company is domiciled, and submit an annual risk supervision report audited by an accounting firm with securities and futures-related business qualifications within 4 months after the end of the year. According to the principle of prudent supervision, the dispatched offices of China Securities Regulatory Commission may require futures companies to prepare and submit risk supervision statements irregularly. Article 23 A futures company shall designate a special person to be responsible for the preparation and submission of risk supervision statements. Article 24 The legal representative, main person in charge of operation and management, chief risk officer, person in charge of finance, person in charge of settlement and tabulator of a futures company shall sign the risk supervision report for confirmation and ensure its truthfulness, accuracy and completeness. If the above-mentioned personnel have any objection to the contents of the risk supervision statement, they shall explain their opinions and reasons in writing and submit them to the dispatched office of China Securities Regulatory Commission where the company is domiciled. Article 25 A futures company shall submit risk supervision statements in the manner prescribed by the China Securities Regulatory Commission. A futures company shall keep a written risk supervision statement, and the corresponding responsible person shall sign the written statement and affix the company seal. The preservation period of this statement shall not be less than 5 years. Article 26 A futures company shall submit a written report to the board of directors of the company every six months. Article 27 If the ratio of net capital to risk capital reserve changes by more than 20% compared with last month, the futures company shall submit a written report to the dispatched office of China Securities Regulatory Commission where the company is domiciled, explaining the reasons, and submit a written report to all directors within 5 working days. Article 28 If the risk supervision index of a futures company reaches the early warning standard, the futures company shall submit a written report to the dispatched office of the China Securities Regulatory Commission where the company is domiciled on the same day, detailing the reasons, the impact on the company, the specific measures and time limit for solving the problem, and submit a written report to all directors of the company. If the risk supervision index of a futures company fails to meet the prescribed standards, in addition to the above procedures, the futures company shall also report or disclose the information of the day to all shareholders. management by supervision
Article 29 If a futures company fails to submit a risk supervision report on schedule or the risk supervision report submitted contains false records, misleading statements or major omissions, the agency of the China Securities Regulatory Commission shall require the futures company to submit it within a time limit or make supplementary corrections. If a futures company fails to submit or make supplementary corrections within the time limit, the agency of the China Securities Regulatory Commission, where the company is domiciled, shall conduct on-site inspection of the company. If it is found that a futures company violates the accounting standards for business enterprises and the relevant provisions of these Measures, it may be determined that the risk supervision indicators have not reached the prescribed standards. Article 30 If the risk supervision index of a futures company reaches the early warning standard, it will enter the risk early warning period. The dispatched office of the China Securities Regulatory Commission shall, within five working days, verify the situation and reasons why the company's risk supervision indicators touch the early warning standard, evaluate the company's impact, and take the following measures as appropriate: (1) issue a letter of concern to the company and send a copy to its major shareholders; (2) Holding supervisory talks with the company's senior management and asking them to optimize the level of the company's risk supervision indicators; (3) When the company needs to make major business decisions, it shall submit an interim report to the dispatched office of the China Securities Regulatory Commission where the company resides at least five working days in advance, explaining the impact of related businesses on the company's financial status and risk supervision indicators; (4) Ordering the company to increase the frequency of internal compliance inspection and submit compliance inspection reports. Article 31 If the risk supervision index of a futures company is better than the early warning standard for three consecutive months, the risk early warning period will end. Article 32 If the risk supervision index of a futures company fails to meet the prescribed standards, the agency of China Securities Regulatory Commission shall conduct on-site inspection of the company within 2 working days to verify the situation and reasons for failing to meet the prescribed standards, and order the futures company to make rectification within a time limit, which shall not exceed 20 working days at the longest. Article 33 After rectification, if the risk supervision indicators reach the prescribed standards, the futures company shall report to the dispatched office of the China Securities Regulatory Commission where the company is domiciled, and the dispatched office of the China Securities Regulatory Commission shall conduct inspection and acceptance. If the risk supervision indicators of a futures company meet the prescribed standards, the dispatched office of the China Securities Regulatory Commission shall, within 3 working days from the date of acceptance, lift the relevant measures taken against the futures company. Article 34 If a futures company fails to make corrections within the time limit or the risk supervision indicators still fail to meet the prescribed standards after rectification, the China Securities Regulatory Commission and its dispatched offices may take supervision measures according to Article 56 of the Regulations on the Administration of Futures Trading. Supplementary rules
Article 35 The meanings of the following terms in these Measures: (1) Risk supervision statements, including futures company risk supervision indicators summary table, net capital calculation table, asset adjustment value calculation table, risk capital reserve calculation table, customer separation assets table, customer equity change table, business report and customer management report, etc. (2) Assets and current assets refer to the self-owned assets of futures companies, excluding customer deposits. (3) Liabilities and current liabilities refer to the external liabilities of futures companies, excluding customer rights and interests. (4) Major business refers to the business that may lead to more than 65,438+00% changes in risk supervision indicators such as net capital of futures companies. Article 36 These Measures shall come into force as of July 1 day, 2065.