Administrative Measures for the Futures Investor Protection Fund

Administrative Measures for the Futures Investor Protection Fund
Administrative Measures for the Futures Investor Protection Fund

Order of the China Securities Regulatory Commission and the Ministry of Finance No.129

November 8, 2016

(Announced by the China Securities Regulatory Commission and the Ministry of Finance on April 19, 2007; amended pursuant to the Decision on Revision to the Interim Administrative Measures for the Futures Investor Protection Fund made by the China Securities Regulatory Commission and the Ministry of Finance on November 8, 2016)

Chapter I General Provisions

Article 1 In accordance with the Administrative Regulations on Futures Trading, these Measures are enacted with a view to protecting the lawful rights and interests of futures investors.

Article 2 The Futures Investor Protection Fund (hereinafter referred to as the "Protection Fund") is a special fund set up to compensate futures investors for margin loss as a result of margin gap caused by illegal or irregular practices or poor risk management of futures firms which may threaten social stability and the futures market security.

Article 3 Futures trading shall follow the principles of openness, fairness and impartiality and investors shall make independent investment decisions and undertake the risks involved.
Futures investors shall bear the loss caused by futures market volatility or value change of the investments.

Article 4 Fundraising of the Protection Fund adheres to the principle of taken from the market and used for the market. The size of the Protection Fund shall be in line with the development and risk level of the futures market.

Article 5 The Protection Fund shall be subject to central management by the China Securities Regulatory Commission (CSRC).

Article 6 The Protection Fund shall be managed and used in an open, appropriate and efficient manner.

Article 7 The Protection Fund employs the proportional compensation method under the principle of protecting the lawful rights and interests of and fair treatment to investors.

Chapter II Fundraising for the Protection Fund

Article 8 The Protection Fund manager shall open a separate account for placing the Protection Fund.

Article 9 Initial contribution to the Protection Fund is made out of the risk provisions of futures exchanges at 15 percent of the total amount of the risk provisions account as of December 31, 2006.
Follow-on contributions are made out of:
1.
  ......
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