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曲峰等:期货与风险管理子公司合规要点与实务建议解析
Sou Hu Cai Jing· 2025-12-07 12:46
Core Insights - The article emphasizes the importance of compliance in the operations of futures and risk management companies, highlighting the need for a dynamic compliance mechanism to navigate hidden compliance traps in business processes [3][5]. Compliance Key Points and Practical Recommendations 1. Key Compliance Nodes in Business Processes - Business entry must prevent internal cross-risk, ensuring risk isolation between futures companies and risk management companies as mandated by regulations [4]. - Recent cases reveal significant compliance failures, such as a brokerage firm failing to isolate customer information, leading to regulatory penalties [4][5]. 2. Contract Design: Substance Over Form in Rigid Payment Clauses - The Asset Management New Regulations prohibit any form of rigid payment clauses, with strict penalties for violations [6]. - Institutions must avoid ambiguous terms that imply guaranteed returns, as these may be deemed invalid in disputes [6]. 3. Margin Management: Building a Comprehensive Risk Control Loop - Margin management is critical for risk control, with recommendations for ensuring margin collection meets exchange standards and maintaining thorough records [7][8]. - Institutions should establish robust credit management systems and ensure that margin amounts are reasonable and aligned with contract risks [8][9]. 4. Investor Suitability Management Requirements - A dynamic customer assessment mechanism is essential, requiring ongoing evaluations of investors' risk tolerance [10][11]. - Strict product risk matching is necessary, prohibiting the sale of high-risk products to low-risk tolerance investors [12]. 5. Comprehensive and Intelligent Risk Control System - Institutions should develop a unified compliance data platform to standardize regulatory data collection and enhance real-time monitoring [15]. - Automated monitoring of key parameters and the implementation of algorithmic trading monitoring modules are recommended to improve compliance efficiency [16][17]. 6. Strengthening Data Security and Personal Information Protection - Institutions must classify and manage data according to its sensitivity, ensuring compliance with data protection laws [19][20]. - Long-term retention of business logs is necessary for regulatory audits and compliance verification [21]. 7. Cross-Border Business and Geopolitical Risk Prevention - The article discusses the increasing facilitation of foreign investor participation in China's futures market, while also highlighting the need for geopolitical risk management in cross-border contracts [25][26]. - Institutions are advised to include renegotiation mechanisms in contracts to address unforeseen geopolitical events [26]. Conclusion - The futures market is expected to develop with a focus on both compliance and innovation, necessitating futures companies to strengthen their compliance frameworks while seizing business opportunities [29].