[ad_1]
Original title: China Securities Regulatory Commission Regulates the Appointment and Practice of Securities and Fund Industry Staff Source: Securities Daily
Reporter Meng Ke
On November 20, the China Securities Regulatory Commission issued the “Measures for the supervision and management of administrators, supervisors, senior managers and professionals of securities and operating institutions of funds (draft for comments)” (hereinafter referred to as “management measures “) and opinions publicly solicited by the public. Insiders believe that the “Administrative Measures” will further regulate the appointment and practice of directors, supervisors, senior managers and professionals of securities and operating institutions of funds, promote compliance and stable functioning of securities and operating institutions of funds and they will protect the rights and legitimate interests of investors.
Regarding the drafting of the “Administrative Measures”, the head of the institutional department of the China Securities Regulatory Commission stated in an interview that the China Securities Regulatory Commission subsequently formulated the “Administrative Measures for the qualifications of securities industry professionals “and” Investments in securities in 2002, 2004 and 2006 “. Regulations and normative documents such as the measures for the administration of the appointment of senior managers in the fund sector, the measures for the supervision of the qualifications of directors, supervisors and senior managers of securities companies and other legal and regulatory documents have been systematically formulated in terms of access conditions, codes of conduct, supervision and management and legal responsibilities. Sexual dispositions. These rules have played an important role in strengthening personnel management in the securities and funds sector, in regulating work and practical behavior, in improving the quality and level of service of sector personnel, and have gradually promoted the training of a team of professionals with higher professional quality and standardization.
“However, with the development of the industry, the advancement of the State Council reform on decentralization, regulation and service, and the issuance and implementation of the new securities law, the current regulatory rules for some directors, supervisors , senior managers and professionals need to be adapted and improved accordingly Unified regulation is required The relevant departmental regulations of the aforementioned agency function systematically regulate directors, supervisors, managers and employees.
Speaking of the main problems solved by the formulation of the “Administrative Measures”, the manager stated that it is a question of optimizing the procedures and conditions for appointing relevant personnel in the securities and funds sector. The examination of qualification and approval of the directors, supervisors and managerial staff of the securities brokerage companies was adapted to post-registration and the autonomy in appointing personnel was returned to the operating agency. Unify basic qualifications for directors, supervisors and senior executives of securities firms and fund companies and optimize some requirements: no longer consider the level test as a necessary condition and allow staff with some work and supervisory experience to be exempt from the test. For professionals in financial technology and other fields, moderate restrictions on work experience. Cancel academic requirements and the recommendation system. Further strengthen management capabilities and integrity compliance requirements. Unified supervision of professionals from other institutions in the securities and funds sector. Unify the basic conditions for employees of securities firms and fund companies and supervise professionals from other relevant institutions in the securities and funds industry.
The second is to clarify the norms and restrictions of practice, limit behavior in practice from multiple angles, and strengthen the bonds of integrity. In accordance with the industry culture-building requirements of “compliance, integrity, professionalism and soundness”, clarify the basic code of conduct that relevant personnel should follow; strengthen the management of conflicts of interest, requiring relevant personnel not to make illegal investments or conflicts of interest with customers. Business organizations are required to provide information on internal discipline and integrity records of relevant personnel and allow them to query relevant information of potential candidates and perform due diligence; industry associations optimize the integrity query platform and strengthen the binding function of external reputation and integrity mechanisms.
The third is to strengthen internal management and control responsibilities of securities and fund operating institutions, strengthen oversight during and after the event, and strengthen accountability. The three aspects of the investigation of previous positions, supervision of the performance of functions during the incident and the audit of the exit after the incident clarified the personnel management responsibilities of the securities and funds operating institutions. Realizes safety at work, checks and balances on performance in service and supervision of discharge. Strengthen supervision during and after the event, strengthen accountability and realize no dead ends and blind spots in supervision and accountability.
Regarding the drafting ideas of the “Administrative Measures”, the head of the Department of the Institution stated that the “Administrative Measures” are positioned to fully regulate the special departmental rules of directors, supervisors and employees of the securities and funds sector , improve the effectiveness of administrative oversight, strengthen industry self-discipline and oversee operations Institutions strengthen internal management and staff control to promote compliance and stable operation of securities and fund management institutions. Mainly follow the following ideas:
One is to build a unified and comprehensive basic system of personnel management. Identify and complement existing rules and practices that have proven effective in practice, absorb and tap into the useful experience of overseas executives and professionals in integrity management and other aspects, integrate system deficiencies and gain coverage complete supervision. The second is to relax control and reduce unnecessary interventions. Implement the new qualifications law and work requirements of “management and service delegation”, uniformly adjust the approval of qualifications to post-filing, effectively deregulate and build administrative oversight, self-discipline management, operational institutions, directors, supervisors and employees to perform their duties and carry out their duties. Personnel management system manager. The third is to implement “zero tolerance” for illegal activities. Increase the intensity of administrative oversight measures and administrative sanctions for violations of laws and regulations, improve the accountability mechanism and avoid dead ends and blind spots in supervisory responsibility.
.
[ad_2]
Source link
