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金融监管总局有关司局负责人就 《资产管理信托管理办法(征求意见稿)》答记者问
Shang Hai Zheng Quan Bao·2025-10-31 11:23

Core Viewpoint - The National Financial Supervision Administration has introduced the "Asset Management Trust Management Measures (Draft for Comments)" to enhance regulation and risk prevention in the trust industry, emphasizing the importance of risk disclosure and management in trust product sales [2][3]. Group 1: Background and Purpose - The existing regulations for trust companies have been in place since 2007 and require updates to align with current industry practices and standards [3]. - The new measures aim to strengthen supervision, prevent risks, and establish a solid regulatory foundation for the healthy development of asset management trusts [3]. Group 2: Structure and Content of the Measures - The measures consist of five chapters and eighty-five articles, covering general principles, product establishment and management, operational management, supervision, and definitions [4]. - Asset management trusts are defined as private asset management products based on trust law, with a focus on active management and compliance with market principles [4][5]. Group 3: Sales Requirements for Asset Management Trusts - Trust companies must fully disclose risks to investors and cannot guarantee capital preservation or returns [7]. - Strict risk disclosure requirements mandate that trust documents clearly highlight the nature of risks [7]. - Trust companies are required to assess the risk tolerance of individual investors and match them with appropriate trust products [7]. Group 4: Investment Management Requirements - Trust companies must manage trust assets legally and transparently, adhering to specified investment scopes [8]. - Different asset categories must be managed distinctly, with clear guidelines for investment limits and collaboration with investment partners [8]. Group 5: Risk Management and Information Disclosure - A comprehensive risk management system must be established, covering various types of risks and ensuring compliance with legal and regulatory requirements [8]. - Information disclosure requirements are detailed, ensuring transparency in trust asset management and compliance with regulatory standards [8]. Group 6: Regulation of Key Business Areas - Prohibition of channel business and fund pool operations is emphasized, ensuring trust companies take active management responsibility [9]. - Strict regulations on related party transactions are established to ensure transparency and compliance [9]. Group 7: Rectification of Existing Asset Management Trusts - Trust companies are required to review existing asset management trusts, identify those needing rectification, and develop a plan to address compliance issues [10]. - Progress in rectification will be monitored as part of the regulatory framework [10].