Article 1 These Guidelines are formulated in accordance with the Securities Law, the Regulations on the Supervision and Administration of Securities Companies, the Measures for the Administration of the Appropriateness of Securities and Futures Investors (hereinafter referred to as the Measures) and the provisions of the China Securities Regulatory Commission in order to urge and guide the securities industry to effectively implement the requirements for appropriateness management and safeguard the legitimate rights and interests of investors.
Article 2 These Guidelines apply to securities companies, their subsidiaries and securities investment consulting institutions (hereinafter referred to as "securities operating institutions") selling financial products to investors, or providing financial services such as securities brokerage, investment consulting, margin trading, asset management and over-the-counter trading for investors to purchase financial products.
Article 3 A securities operating institution may know the basic information of investors as stipulated in Article 6 of the Measures by filling in the basic information form of investors.
Article 4 Securities institutions may require investors who meet the conditions in Items (1), (2) and (3) of Article 8 of the Measures to provide business licenses, securities, fund and futures business licenses, other financial business licenses, registration certificates of foundation legal persons, QFII, RQFII, registration materials of private fund managers and other certification materials, and wealth management products shall also provide product establishment or filing documents and other certification materials. Investors who meet the above conditions, if verified, can be directly recognized as professional investors by securities institutions, and the recognition results will be informed to investors in writing.
Article 5 A securities operating institution may require investors who meet the conditions in Items (4) and (5) of Article 8 of the Measures to provide the following materials:
(1) Financial statements of the latest year, certificates of financial assets and certificates of investment experience of more than two years provided by investors of legal persons or other organizations;
(2) The financial assets or income certificate, investment experience or work certificate or professional qualification certificate provided by the natural person investor in the last three years.
Investors who meet the above conditions, if verified, can be directly recognized as professional investors by securities institutions, and the recognition results will be informed to investors in writing.
Article 6 Where an ordinary investor applies to become a professional investor, a securities institution may require him to provide the following materials:
(a) the application of professional investors to confirm the risks and consequences independently undertaken;
(2) Financial statements of the latest year, certificates of financial assets and more than one year's investment experience provided by investors of legal persons or other organizations;
(3) Financial assets certification documents provided by natural person investors, or income certification of investment experience or work experience in the last three years or more.
After completing the verification of the application materials, the securities institutions shall also carefully evaluate the investors in accordance with the provisions of Article 12 of the Measures. Where an ordinary investor turns into a professional investor, it shall explain the differences in the performance of appropriate obligations by different types of investors, warn of possible investment risks, and inform the examination results and reasons in writing; If it does not meet the requirements for turning into a professional investor, it shall also inform it in writing of the review results and reasons.
Securities institutions shall, in accordance with the provisions of Article 25 of the Measures, record or video the whole process of notification and warning of review results, or make electronic confirmation in accordance with the requirements of laws and administrative regulations.
Article 7 Where a professional investor who meets the requirements of Item (4) and Item (5) of Article 8 of the Measures applies to be converted into an ordinary investor, the securities operating institution shall promptly convert him into an ordinary investor, and comprehensively evaluate the investor's risk tolerance according to the provisions, determine his risk tolerance level, and perform corresponding obligations of appropriateness.
Article 8 A securities operating institution shall comprehensively evaluate the risk tolerance of ordinary investors by filling in an investor risk tolerance assessment questionnaire based on the information of ordinary investors. The design of investor risk tolerance assessment questionnaire should be scientific, reasonable, comprehensive and easy to understand.
Article 9 Securities institutions may divide ordinary investors into at least five grades according to their risk tolerance levels from low to high, namely, C 1 (including investors with the lowest risk tolerance), C2, C3, C4 and C5. Specific classification standards, methods and their changes should be informed to investors.
Securities institutions shall confirm the results of their risk tolerance level with ordinary investors and record them in writing.
Article 10 The investor's basic information form and the investor's risk tolerance assessment questionnaire shall be filled in by the investor himself or his legal authorized person. Securities institutions and their staff members shall not induce, mislead or deceive investors in an express or implied way, which will affect the reporting results.
Article 11 A securities operating institution shall timely input the investor information into the investor evaluation database, and continuously evaluate the investor's risk tolerance according to the updated information. The investor evaluation database shall at least contain the following information:
(a) the investor information as stipulated in Article 6 of the Measures and the certification materials as stipulated in these Guidelines;
(2) Content, evaluation time, evaluation results, etc. Previous "Investor Risk Tolerance Assessment Questionnaire";
(3) Application forms, notices and warning signs for examination results. The investor's application to become a professional investor or to become an ordinary investor;
(4) Records of investors' investment transactions, including but not limited to products or services and their risk levels, trading authority, trading frequency, etc. ;
(five) the record of the investor's dishonesty in the securities business institution;
(6) Other information deemed necessary by China Securities Regulatory Commission, China Securities Association (hereinafter referred to as the Association) and securities institutions.
Item (4) does not apply to securities investment consulting institutions.
Article 12 A securities institution may take a natural person who meets one of the following circumstances in C 1 as an investor with minimum risk tolerance:
(a) does not have full capacity for civil conduct;
(two) no risk tolerance or unwilling to bear investment losses.
(3) Other circumstances stipulated by laws and administrative regulations.
Article 13 A securities operating institution shall, according to the factors specified in Articles 16 and 17 of the Measures, make a comprehensive evaluation of products or services through scientific and reasonable methods to determine their risk levels.
Article 14 A securities operating institution may divide the risk level of products or services from low to high into at least five levels, namely, R 1, R2, R3, R4 and R5. The specific division methods, standards and their changes should be informed to investors.
Securities institutions shall list the corresponding products or services according to the risk grade list of products or services.
Article 15 Where the sale of products or provision of services to investors involves investment portfolio or asset allocation, a securities operating institution shall assess the risk level of products or services according to the overall risk of investment portfolio or asset allocation and determine its risk level.
Article 16 When selling products or providing services to ordinary investors, securities institutions shall, on the premise of observing laws, administrative regulations, provisions of the China Securities Regulatory Commission and investors' access requirements, put forward appropriate matching opinions to investors and perform appropriate obligations according to the principle that the risk tolerance level of investors matches the risk level of products or services.
Article 17 A securities operating institution shall, according to the actual situation of the institution and ordinary investors, determine the specific methods for appropriately matching its risk tolerance level with the risk level of products or services, or refer to the following methods:
(a) C 1 investor matching R 1 product or service;
(2) C2-level investors match R2 and R 1 level products or services;
(3) C3-level investors match the products or services of R3, R2 and R 1;
(4) C4 investors match products or services of R4, R3, R2, R 1;
(5) C5 level investors match R5, R4, R3, R2 and R 1 level products or services.
Professional investors can buy or accept products or services of all risk levels. Where laws, administrative regulations, provisions of the China Securities Regulatory Commission and the market, products or services have requirements for investor access, such provisions and requirements shall prevail.
Article 18 A securities institution's advice on the appropriateness matching of investors does not mean that it makes a substantive judgment or guarantee on the risks and benefits of products or services. On the basis of soliciting opinions on the suitability matching of securities operating institutions, investors make prudent and independent decisions according to their own abilities and independently undertake investment risks.
Article 19 Where a securities operating institution informs an investor that it is not suitable to buy related products or receive related services, and the investor voluntarily requests to buy products or receive related services with a risk level higher than his risk tolerance, the securities operating institution shall, after confirming that he is not an investor with the lowest risk tolerance, give a special written risk warning to the products or services with a risk higher than his risk tolerance. If investors still insist on buying, they can sell related products or provide related services to them.
Article 20 If the risk tolerance level of investors matches the risk level of products or services, securities institutions shall sign with investors to confirm the matching results. If it is inconsistent, it shall sign a risk warning with the investor.
Article 21 When selling products and providing services, securities institutions shall fully disclose product or service information and other information that is helpful for investors to make investment analysis and judgment. The information disclosed shall not contain false, misleading statements or major omissions, and shall not defraud investors.
Article 22 When selling products and providing services, securities institutions shall fully disclose to investors the main risks that may affect investors' rights and interests, such as credit risk, market risk and liquidity risk of products or services, as well as the special risks of specific products or services, which shall be signed by investors for confirmation.
Twenty-third securities institutions should establish and improve the investor return visit system. For investors who buy products or receive services, they will pay a return visit at an annual rate of not less than 65,438+00% of the total number of investors who buy products or receive services at the end of last year (including investors who buy or accept products or services at a risk level higher than their risk tolerance, excluding investors with dormant accounts and suspended trading accounts). The contents of the return visit include but are not limited to:
(1) Whether the interviewee is the investor himself;
(2) Whether the interviewee has filled in the Basic Information Form for Investors and the Risk Tolerance Assessment Questionnaire for Investors and signed them as required;
(3) Whether the interviewee is aware of the risks of products or services and related risk warnings;
(4) Whether the interviewee understands the business rules of the products purchased or the services received;
(5) Whether the interviewees know their own risk tolerance level, the risk level of products purchased or services received, and their opinions on appropriate matching;
(six) whether the interviewee knows the expenses and possible investment losses;
(seven) whether the securities institutions and their staff have prohibited acts as stipulated in Article 22 of the Measures.
Article 24 A securities operating institution shall, according to the actual needs, regularly or irregularly provide relevant training on appropriateness management to relevant post personnel, so as to improve their knowledge and skills required for fulfilling their appropriateness obligations.
Article 25 A securities operating institution shall include the personnel who perform appropriate obligations, handle customer complaints and disputes and other related positions in the scope of performance appraisal.
Securities institutions shall not take assessment and incentive measures to encourage inappropriate sales or services.
Article 26 A securities operating institution shall supervise and inspect the behaviors of personnel in relevant positions in fulfilling their obligations of appropriateness, and shall be held accountable for those who violate the provisions on investor appropriateness management.
Article 27 A securities operating institution and its staff shall strictly keep confidential the basic information of investors, rating results of investors' risk tolerance and other information obtained in the process of fulfilling their obligations of appropriateness, so as to prevent leakage or abuse.
Article 28 Securities institutions shall properly handle investor complaints and disputes arising from the performance of appropriate obligations, keep relevant records, make timely analysis and summary, and improve relevant mechanisms and systems.
Article 29 A securities operating institution shall conduct an appropriateness self-examination in accordance with Article 30 of the Measures, including but not limited to the construction and implementation of an appropriateness management system, personnel training and evaluation, handling of investor complaints and disputes, finding problems and rectification.
Thirtieth securities institutions and investors in disputes related to appropriateness, can apply to the association for mediation in accordance with the relevant provisions.
Article 31 The Association shall conduct self-discipline management on the performance of appropriateness obligations by securities operating institutions, and take self-discipline and disciplinary measures against securities operating institutions and personnel who violate the provisions on appropriateness management according to law.
Article 32 The written form mentioned in these Guidelines includes paper form and electronic form.
Article 33 The China Securities Association shall be responsible for the interpretation of these Guidelines.
Article 34 These Guidelines shall come into force on July 20 1 July 71July, and the Guidelines on Investor Suitability System of Securities Companies and the Notice on Issuance shall be abolished at the same time.
Attachment: 1, basic information table of investors
2. Application Form for Professional Investors
3. Notification and confirmation of professional investors
4, investors' risk tolerance assessment questionnaire
5. Evaluation results of investors' risk tolerance.
6. List of product or service risk levels
7. Confirmation of appropriate matching opinions
8. Product or service risk warning and investor confirmation.
Attachment 1:
Basic information table of investors (natural persons)
Date of filling in the form: year month day fund account number:
Basic information of investors (to be filled in by the applicant)
(full name)
gender
date of birth
nationality
A natural person who actually controls investors.
Actual beneficiary of the transaction
occupation
□ Staff of Party and government organs □ Employees of enterprises and institutions □ Farmers □ Individual industrial and commercial households □ Certified public accountants □ Lawyers □ Students □ Employees of financial institutions □ Senior managers of financial institutions □ Unemployed people □ Others,
workplace
postal service
degree
□ Doctor □ Master □ Undergraduate □ College
□ technical secondary school □ high school □ junior high school and below
Integrity record
Do you have any bad credit records from the following sources?
□ Credit Information Center of the People's Bank of China □ List of the Supreme People's Court's untrustworthy executors □ Administration for Industry and Commerce □ Tax Administration □ Regulatory agencies and self-regulatory organizations □ Records of securities institutional investors □ Others,
□ None □ Yes (please specify): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Types of identity documents
identifier
Identity document
valid period
fixed-line telephone
mobile phone number
contact address
postcode
I guarantee the legality of the source of funds and the authenticity, accuracy and completeness of the information provided, and take responsibility for it.
Signature of the applicant: Date: MM DD YY.
Signature of manager: signature of reviewer: seal of business outlet:
Signature after audit:
Date: Year Month Day
Basic information table of investors (institutions)
Date of filling in the form: year month day fund account number/customer number. ：
Basic information of investors (to be filled in by the applicant)
institution name
Controlling shareholder or actual controller
Mechanism type
□ General legal person □ Financial institution □ Social welfare fund □QFII□RQFII□ Other organizations _ _ _ _ _ _
residence
scope of business
Organization code
Tax registration certificate number code
Types of licenses that prove that the institution is legally established or can carry out business and social activities according to law.
The license number proves that the institution is established according to law or can carry out business and social activities according to law.
The validity period of the license that proves that the institution is established according to law or can carry out business and social activities according to law.
Agency contact telephone number
contact address
postcode
Name of legal representative
Type of legal representative's identity document
ID number of legal representative
The validity period of the identity certificate of the legal representative
Name of authorized representative
Type of identification document of authorized representative
Authorized representative's ID number
The validity period of the identity certificate of the authorized representative.
Telephone number of authorized representative
authorized representative
mobile phone number
Contact address of authorized representative
postcode
E-mail address
A natural person who actually controls investors.
Name:
Telephone:
Actual beneficiary of the transaction
Name:
Telephone:
Integrity record
Do you have any bad credit records of the following institutions?
□ Credit Information Center of the People's Bank of China □ List of the Supreme People's Court's untrustworthy executors □ Administration for Industry and Commerce □ Tax Administration □ Regulatory agencies and self-regulatory organizations □ Records of securities institutional investors' dishonesty □ Other organizations.
□ None □ Yes
This institution guarantees the legality of the source of funds and the authenticity, accuracy and completeness of the information provided, and assumes responsibility for it.
Signature of authorized representative of institution: signature of legal representative of institution:
Seal of institution: date: year month day.
Signature of manager: signature of reviewer: seal of business outlet:
The auditor then signed:
Date: Year Month Day
Note: Institutional investors include legal persons and other organizations.
Attachment 2:
Application form for professional investors
Investor application column
Name of investor/name
Capital account number
Type and quantity of identification documents
I/the organization voluntarily applied to be listed as a professional investor, and have provided relevant supporting materials such as property status, investment experience and employment experience as required, and promised that the materials provided are true, accurate and complete, and I will be responsible for them. The materials provided meet the requirements of the following corresponding categories, and the risks and consequences shall be borne by myself independently.
I hereby apply.
Investor (signature of natural person/institution, signature of authorized representative):
date month year
Review column of securities institutions
type
View content
Whether it meets
Investors who meet the conditions in Items (4) and (5) of Article 8 of the Measures.
Legal person or other organization
The net assets at the end of the recent 1 period are not less than 20 million yuan.
□ Yes □ No.
Financial assets at the end of recent 1 year are not less than100000 yuan.
□ Yes □ No.
2 years or above investment experience in securities, funds, futures, gold and foreign exchange.
□ Yes □ No.
natural person
Financial assets are not less than 5 million yuan, or the average annual income of individuals in the last three years is not less than 500,000 yuan.
□ Yes □ No.
At least 2 years investment experience in securities, funds, futures, gold and foreign exchange. Or have more than 2 years of experience in financial product design, investment, risk management and related work, or are senior managers of professional investors as stipulated in Item 1 of Article 8 of the Measures, and certified public accountants and lawyers with professional qualifications engaged in financial-related businesses.
□ Yes □ No.
Investors who meet the provisions of Article 11 of the Measures
Legal person or other organization
The net assets at the end of the recent 1 period shall not be less than100000 yuan.
□ Yes □ No.
Financial assets at the end of the recent 1 period are not less than 5 million yuan.
□ Yes □ No.
With 1 year or above investment experience in securities, funds, futures, gold and foreign exchange.
□ Yes □ No.
natural person
Financial assets are not less than 3 million yuan, or the average annual income of individuals in the last three years is not less than 300,000 yuan.
□ Yes □ No.
With 1 year or above investment experience in securities, funds, futures, gold and foreign exchange. Or have 1 year or above financial product design, investment, risk management and related work experience.
□ Yes □ No.
Checker (1): Checker (2):
Year, month, sun, moon, sun.
Attachment 3:
Notification and confirmation of professional investors
Bulletin board of securities institutions
Dear investor (investor name:, fund account number:):
According to the property status, trading situation, work experience and other relevant supporting materials provided by you, you are a professional investor after examination. The relevant matters are hereby notified as follows, please read it carefully and sign (seal) in the investor confirmation column for confirmation:
1. When selling products or providing services to professional investors, securities institutions perform appropriate obligations to professional investors differently from other investors.
If you want to stop being classified as a professional investor, you can apply to our company.
3. Please inform our company in time when your property status, trading situation, work experience and other information changes greatly. Those who no longer meet the application conditions of professional investors after examination are no longer listed as professional investors.
Signature and seal of securities business outlets:
date month year
Investor confirmation column
I/institution voluntarily applied to be listed as a professional investor. I have read the above notice and confirmed that the relevant application materials are true, accurate and complete, and I understand that your company listed me/institution as a professional investor according to the application materials. I/the organization has professional judgment ability on the products sold or services provided by your company, and can make professional judgment on my own.
I/the institution confirms that I have understood the difference between your company and ordinary investors in fulfilling the obligation of appropriateness, and I/the institution understands the rules that you can apply voluntarily or no longer be listed as a professional investor because you no longer meet the requirements of professional investors.
Investor (signature of natural person/institution, signature of authorized representative):
date month year
Attachment 4:
Investor Risk Tolerance Assessment Questionnaire (for natural person investors)
Name of investor:
Fund account number:
The purpose of this questionnaire is to understand the risk you can bear, so as to help you choose the right product or service category to meet your risk tolerance.
Risk tolerance assessment is part of the company's obligation to investors, and its purpose is to match the products or services provided by the company with your risk tolerance level.
We especially remind you that the company's proper obligations to investors such as risk tolerance assessment cannot replace your own investment judgment, nor will it reduce the inherent risks of products or services. At the same time, the investment risks, performance responsibilities and expenses related to products or services will be borne by you.
We remind you that we will assess your risk tolerance based on the information provided by you and fulfill the obligation of appropriateness.
Our company suggests that when your situation changes greatly, you need to re-examine the products you invest in time to ensure that your investment decision is consistent with the actual situation such as the degree of investment risk you can bear.
Our company hereby promises that all the information you provide in this questionnaire will be kept confidential in strict accordance with the requirements of laws and regulations. Except for the inquiries made by the competent authorities according to legal procedures as stipulated by laws and regulations, our company promises not to provide or disclose any information about you to any third party, or use the relevant information for illegal or improper purposes.
I. Financial situation
1. Your main sources of income are:
A. wages and remuneration for labor services
B. Income from production and operation
C. Income from financial assets such as interest, dividends and securities transfer
D. Income from rental and sale of real estate and other non-financial assets
E. No fixed income
2. The proportion of your family's estimated securities investment in total family assets (excluding self-occupied, self-occupied real estate and fixed assets such as automobiles) is:
A. Over 70%
B.50%-70%
30%-50%
D. 10%-30%
E. 65438+ less than 00%
Do you have a lot of outstanding debts? If so, its nature is:
A. number
B: Yes, long-term fixed debts such as housing mortgage loans.
C. Yes, short-term credit debts such as credit card arrears and consumer credit.
D: Yes, loans between relatives and friends.
4. The amount of assets you can invest (including financial assets and real estate) is:
A. Not exceeding 500,000 yuan
500,000-3 million RMB (excluding RMB)
C 300 million-10/00000 yuan (excluding RMB)
D. 65438+ over 100 million RMB.
Second, investment knowledge.
5. Which of the following descriptions is in line with your actual situation:
A. Engaged in financial products investment related work such as finance, economy or accounting for more than two years.
B has obtained a bachelor's degree or above in finance, economics or accounting and other financial product investment related majors.
(three) to obtain one or more qualifications in securities, funds, futures, certified public accountants or certified financial analysts.
D. I don't fit any of the above descriptions
Third, investment experience.
6. Your investment experience can be summarized as follows:
A. Limited: I have basically no other investment experience except bank demand deposits and time deposits.
B: Generally speaking, in addition to bank demand deposits and time deposits, I have purchased wealth management products such as funds and insurance, but I need further guidance.
C. Ritchie: I am an experienced investor who has participated in the trading of stocks, funds and other products. I tend to make my own investment decisions.
D. Very rich: I am a very experienced investor and have participated in the trading of warrants, futures or GEM products.
7. An investor made 15 transactions in a month (one transaction of the same variety). What do you think is the frequency of such transactions?
A.it's too high
B. On the high side
C. Normality
D. low
8. In the past year, the number of different products or services (including different products or services of the same type) you purchased was:
A. Less than 5
B.6 to 10
C. 1 1 to 15
D. 16 or above