Article 58 A securities company shall formulate an internal inspection system for the operation of customer asset management business and conduct self-inspection on a regular basis.
A securities company shall prepare a quarterly report on customer asset management business, and report it to the China Securities Regulatory Commission and the dispatched office of the China Securities Regulatory Commission where it is registered for the record.
Article 59 When a securities company promotes the collective asset management plan, it shall place the formal promotion documents such as the collective asset management contract and the manual of the collective asset management plan in the business premises where the securities company and other promotion agencies promote the collective asset management plan, and report them to the dispatched office of the China Securities Regulatory Commission at the place of registration and promotion for the record.
A securities company shall, within five working days after the establishment of the collective asset management plan, report the establishment of the collective asset management plan to the China Securities Regulatory Commission and its dispatched offices for the record.
Article 60 When conducting an annual audit, a securities company shall also audit the operation of its client asset management business, and require the accounting firm to issue a single audit opinion on each collective asset management plan.
A securities company shall submit the audit results to the China Securities Regulatory Commission and the dispatched office of the China Securities Regulatory Commission where it is registered for the record, and provide individual audit opinions on each collective asset management plan to customers and asset custody institutions.
Article 61 Securities companies and asset custody institutions shall, in accordance with the provisions of relevant laws and administrative regulations, keep accounting books of customer asset management business and properly keep relevant contracts, agreements, transaction records and other documents and materials.
The retention period shall not be less than fifteen years from the date of termination of the asset management contract.
Article 62 The China Securities Regulatory Commission and its dispatched offices shall regularly or irregularly inspect the customer asset management business of securities companies and asset custody institutions, and the securities companies and asset custody institutions shall cooperate with them.
If the senior managers, directly responsible persons in charge and other directly responsible personnel of securities companies and asset custody institutions violate the provisions of these measures, the China Securities Regulatory Commission and its dispatched offices shall take administrative supervision measures such as talking reminders, suspending their duties, recording them in credit files, and determining that they are not suitable for holding relevant positions according to different situations.
Article 63 Securities companies, asset custody institutions, their directly responsible personnel in charge and other directly responsible personnel who engage in customer asset management business in violation of these Measures shall be given administrative punishment by the China Securities Regulatory Commission in accordance with these Measures; Where there are other provisions in laws and administrative regulations, administrative punishment shall be given in accordance with the relevant provisions; If the circumstances are serious and suspected of committing a crime, they shall be transferred to judicial organs according to law and investigated for criminal responsibility.
Securities companies, asset custody institutions and their directly responsible personnel in charge and other directly responsible personnel engage in customer asset management business, which damages the legitimate rights and interests of customers, shall bear civil liability according to law.
Article 64 A securities company that engages in customer asset management business without authorization in violation of these Measures shall be ordered to make corrections, given a warning and fined.
The directly responsible person in charge and other directly responsible personnel shall be warned and fined, and their senior management personnel or securities business qualifications shall be cancelled according to law.
Article 65 A securities company engaged in customer asset management business shall take the initiative to make corrections under any of the following circumstances: if it fails to make corrections, it shall be ordered to make corrections; Refuses to correct, suspend its customer asset management business, or impose a warning or fine; If the circumstances are serious, its customer asset management business qualification shall be cancelled according to law:
(1) Failing to handle the custody of clients' assets in accordance with the provisions of these Measures;
(two) failing to place the relevant materials in the business premises or file with the China Securities Regulatory Commission and its dispatched offices in accordance with the provisions of these Measures;
(three) in violation of the provisions of article thirty-fourth, entrust other institutions or individuals to promote the collective asset management plan;
(four) in violation of the provisions of article thirty-fifth, the use of customers who have not completed the establishment of the collective asset management plan to participate in the capital;
(five) in violation of the provisions of article thirty-sixth, trading without a fixed seat or using the assets of the securities asset management plan for repurchase;
(six) in violation of the provisions of article fourteenth and article thirty-seventh, beyond the scope and proportion of investment;
(seven) in violation of the provisions of article thirty-eighth, not in accordance with the prescribed procedures or engaged in related transactions;
(eight) failing to fulfill the obligation of informing and reporting in accordance with the provisions of article thirty-ninth;
(nine) to engage in the prohibited acts stipulated in Articles 41 and 42 of these Measures;
(ten) in violation of the provisions of article forty-sixth, signed an asset management contract with customers;
(eleven) in violation of the provisions of article forty-seventh of these measures to promote the collective asset management plan;
(twelve) failing to keep the relevant materials in accordance with the provisions of article sixty-first of these measures;
(thirteen) failing to cooperate with the supervision and inspection of the China Securities Regulatory Commission and its dispatched offices in accordance with the provisions of Article sixty-second;
(fourteen) other acts in violation of the provisions of these measures.
The directly responsible person in charge and other directly responsible personnel shall be given a warning or a fine; If the circumstances are serious, the qualification of its senior management personnel or securities practitioners shall be cancelled according to law.
Article 66 An asset custody institution engaged in customer asset management business shall be ordered to make corrections and may be given a warning or a fine under any of the following circumstances:
(a) failing to manage the assets of the collective asset management plan or perform the custody duties in accordance with the provisions of Articles 53 and 54 of these Measures;
(2) Failing to keep relevant information in accordance with the provisions of Article 61 of these Measures;
(three) failing to cooperate with the supervision and inspection of the China Securities Regulatory Commission and its dispatched offices in accordance with the provisions of Article 62 of these Measures.
The directly responsible person in charge and other directly responsible personnel shall be given a warning or a fine; If the circumstances are serious, his securities qualification shall be cancelled according to law.
Sixty-seventh other promotion agencies in violation of the provisions of article forty-seventh of these measures to promote the collective asset management plan, shall be ordered to correct, and impose a warning and a fine.
The directly responsible person in charge and other directly responsible personnel shall be given a warning or a fine; If the circumstances are serious, his securities qualification shall be cancelled according to law.
Article 68 If a securities company is suspended by the China Securities Regulatory Commission for its customer asset management business due to illegal operation or related financial indicators that do not meet the requirements of the China Securities Regulatory Commission, it may not sign a new asset management contract during the suspension period; If the China Securities Regulatory Commission cancels the qualification of customer asset management business according to law, it shall stop asset management activities and terminate the contract in accordance with the provisions of Article 56 of these Measures.