金融监管总局公布商业银行托管业务监督管理办法(试行) 明年2月1日起施行

Core Viewpoint - The National Financial Supervision Administration has announced a trial regulation for the supervision and management of custodial services by commercial banks, effective from February 1, 2026, aimed at ensuring the healthy development and compliance of custodial business practices. Group 1: General Provisions - The regulation aims to promote the standardized and healthy development of custodial services by commercial banks and strengthen supervision based on relevant laws [2] - Custodial services are defined as the act of commercial banks providing asset custody and related services as an independent third party within China [2] - The products that commercial banks can manage include various financial products and special funds, such as social security funds and enterprise annuities [2] Group 2: Custodial Responsibilities - Commercial banks are required to provide services such as account opening, asset custody, settlement, accounting, asset valuation, information disclosure, and investment supervision [4] - A custodial contract must be signed, detailing the rights and obligations of all parties involved, as well as the responsibilities and terms of the contract [4] - Banks must evaluate the capital strength, governance, compliance management, risk control, and market influence of product managers before providing custodial services [4][10] Group 3: Management Requirements - Commercial banks must establish a governance structure for custodial services, ensuring that the board and senior management are responsible for these operations [15] - A risk management system must be in place that is commensurate with the scale and complexity of the custodial business [15] - Banks are required to maintain effective separation between custodial services and other business operations to prevent conflicts of interest [30] Group 4: Supervision and Legal Responsibilities - The National Financial Supervision Administration will conduct ongoing supervision of custodial services, with the authority to enforce corrective measures for non-compliance [41] - Violations of the regulations may result in penalties, including the suspension of related business activities [42] - Banks must report significant matters related to custodial services to the National Financial Supervision Administration in a timely manner [45]