商业银行开展托管业务的禁止性行为有哪些?金融监管总局有关司局负责人详解
Xin Lang Cai Jing·2025-12-12 10:54

Core Viewpoint - The Financial Regulatory Administration has issued the "Interim Measures for the Supervision and Management of Custody Business of Commercial Banks" to enhance the supervision and management of custody services, ensuring their standardized and healthy development [1][9]. Group 1: Background of the Measures - The custody business of commercial banks has expanded significantly, providing services for various financial products and meeting diverse needs for asset management and valuation [2][10]. - There is a growing demand for higher standards in the professionalization, refinement, and risk management capabilities of custody services as the market system evolves [2][10]. Group 2: Main Content of the Measures - The measures consist of five chapters and 49 articles, detailing the concept, principles, responsibilities, management requirements, supervision, and legal liabilities related to custody business [3][11]. - Key principles include honesty, diligence, independence, and risk isolation to ensure the independence of custody assets [3][11]. Group 3: Conducting Custody Business - Commercial banks are required to provide various services such as account opening, asset custody, settlement, accounting, asset valuation, information disclosure, and investment supervision, adhering to the measures [4][12]. - Banks must evaluate their capabilities and the risks associated with non-standard assets before providing custody services [4][12]. Group 4: Management and Regulatory Requirements - The measures mandate the establishment of a robust governance structure for custody business, covering management systems, business independence, authorization control, and data protection [5][13]. - Regulatory bodies are tasked with enhancing ongoing supervision, penalties, and data reporting requirements [5][13]. Group 5: Prohibited Activities - The measures outline prohibited actions for commercial banks, including assuming credit or market risks for custody products, providing guarantees, or participating in investment decision-making [6][14]. - Banks are also prohibited from mixing custody assets with other assets and must avoid any actions that could blur responsibility boundaries [6][14]. Group 6: Internal Management Requirements - Banks must establish a risk management system commensurate with the scale and complexity of their custody business, ensuring effective separation from other business activities [8][15]. - There is an emphasis on data protection and due diligence regarding custody products and partner institutions, with specific standards for client qualifications and asset types [8][15].

商业银行开展托管业务的禁止性行为有哪些?金融监管总局有关司局负责人详解 - Reportify