Guidelines for the Involvement in the Securities Lending of the Re-lending Business by Publicly Offered Securities Investment Funds (Trial Implementation)
公开募集证券投资基金参与转融通证券出借业务指引 (试行)
CSRC allows funds to participate in short sale of securities
(Promulgated by the China Securities Regulatory Commission on, and effective as of, June 14, 2019.)
(中国证券监督管理委员会于二零一九年六月十四日公布施行。)
CSRC Announcement [2019] No.15
证监会公告 [2019] 15号
Article 1: These Guidelines have been formulated pursuant to laws and regulations such as the Securities Investment Funds Law and the Measures for the Administration of the Operation of Publicly Offered Securities Investment Funds in order to regulate the involvement of publicly offered securities investment funds (Funds) in the lending of securities for re-lending purposes (Securities Lending), guard against business risks and protect the lawful rights and interests of Fund unit holders.
第一条 为规范公开募集证券投资基金(以下简称基金)参与转融通证券出借业务(以下简称出借业务)的行为,防范业务风险,保护基金份额持有人的合法权益,根据《证券投资基金法》《公开募集证券投资基金运作管理办法》等法律法规,制定本指引。
Article 2: These Guidelines shall govern the application of Fund property by Fund managers to participate in Securities Lending.
第二条 基金管理人运用基金财产参与出借业务适用本指引。
The phrase "involvement of a Fund in Securities Lending" means that a Fund lends securities to the China Securities Finance Corporation Limited (CSF) through the stock exchange's comprehensive business platform at a certain charge rate, and the CSF returns the securities borrowed and the corresponding equity compensation and pays the charge upon expiration of the term.
基金参与出借业务,是指基金以一定的费率通过证券交易所综合业务平台向中国证券金融股份有限公司(以下简称证券金融公司)出借证券,证券金融公司到期归还所借证券及相应权益补偿并支付费用的业务。
Article 3: A Fund manager that applies Fund property to participate in Securities Lending shall comply with the principle of prudent operation, possess the technical system and professional personnel, formulate rational and reasonable investment strategies and risk management systems, improve its business procedures, effectively guard against and control risks, and duly safeguard the safety of the Fund property, and the lawful rights and interests of Fund unit holders.
第三条 基金管理人运用基金财产参与出借业务,应当遵守审慎经营原则,配备技术系统和专业人员,制定科学合理的投资策略和风险管理制度,完善业务流程,有效防范和控制风险,切实维护基金财产的安全和基金份额持有人合法权益。
Article 4: The Fund custodian shall strengthen its monitoring and review of the involvement of the Fund in Securities Lending and duly safeguard the safety of the Fund property and the lawful rights and interests of Fund unit holders.
第四条 基金托管人应当加强对基金参与出借业务的监督和复核,切实维护基金财产的安全和基金份额持有人合法权益。
CSF shall strengthen its monitoring of the risks involved in the Fund's involvement in Securities Lending and regularly submit monitoring reports to the CSRC.
证券金融公司应加强对基金参与出借业务的风险监测,定期向中国证监会报送监测报告。
Article 5: The following Fund products may be involved in Securities Lending in accordance with laws and regulations, and the Fund contract and/or prospectus:
第五条 以下基金产品可依据法律法规的规定和基金合同、 招募说明书的约定,参与出借业务:
(1) equity funds and equity-oriented hybrid funds in their lock-in periods;
(一)处于封闭期的股票型基金和偏股混合型基金;
(2) open-ended stock-index funds and related feeder funds;
(二)开放式股票指数基金及相关联接基金;
(3) strategic placement funds; and
(三)战略配售基金;
(4) other Fund products as recognized by the CSRC.
(四)中国证监会认可的其他基金产品。
For the purposes of Item (1), the term "equity-oriented hybrid fund" means a hybrid fund of which the Fund contract expressly specifies that the percentage of its investment in stocks is at least 60%.
第(一)项所称偏股混合型基金,是指基金合同明确约定股票投资比例60%以上的混合型基金。
For the purposes of Item (3), the term "strategic placement fund" means a securities investment fund of which the main investment strategy includes investment in strategic placements of stock and is operated in a closed-end manner.
第(三)项所称战略配售基金,是指主要投资策略包括投资战略配售股票,且以封闭方式运作的证券投资基金。
Article 6: The securities assets lent out by a Fund in its closed-end period may not exceed 50% of the net value of its assets and the date of expiration of the loan may not exceed the expiration of the closed-end period, except in special circumstances recognized by the CSRC.
第六条 处于封闭期的基金出借证券资产不得超过基金资产净值的50%,出借到期日不得超过封闭期到期日,中国证监会认可的特殊情形除外。
Article 7: An open-ended stock index fund and related feeder funds involved in Securities Lending shall satisfy the following requirements:
第七条 开放式股票指数基金及相关联接基金参与出借业务应当符合以下要求:
(1) the securities assets lent out may not exceed 30% of the net value of the Funds' assets and lent securities of which the loan term is at least 10 trading days shall be incorporated within the scope of liquidity-limited securities as described in the Provisions for the Administration of the Liquidity Risks of Publicly Offered Open-Ended Securities Investment Funds;
(一)出借证券资产不得超过基金资产净值的30%,出借期限在10个交易日以上的出借证券应纳入《公开募集开放式证券投资基金流动性风险管理规定》所述流动性受限证券的范围;
(2) where an exchange traded fund is involved in Securities Lending, any one security that is involved may not exceed 30% of the total quantity of such security held by the Fund; where another open-ended stock index fund or a feeder fund of an exchange traded fund is involved in Securities Lending, any one security that is involved may not exceed 50% of the total quantity of such security held by the Fund;
(二)交易型开放式指数基金参与出借业务的单只证券不得超过基金持有该证券总量的30%;其他开放式股票指数基金、交易型开放式指数基金的联接基金参与出借业务的单只证券不得超过基金持有该证券总量的50%;
(3) the daily average net value of the Fund assets during the past six months may not be less than Rmb200 million; and
(三)最近6个月内日均基金资产净值不得低于2亿元;
(4) the average remaining terms of securities loans may not exceed 30 days, with such average remaining terms calculated on the basis of weighted average market capitalization.
(四)证券出借的平均剩余期限不得超过30天,平均剩余期限按照市值加权平均计算。
Article 8: If the investments of a Fund cease to comply with Article 6 or 7 hereof due to a factor other than the Fund manager, such as securities market volatility, merger of a listed company or change in the size of the Fund, the Fund manager may not engage in new Securities Lending.
第八条 因证券市场波动、上市公司合并、基金规模变动等 基金管理人之外的因素致使基金投资不符合本公告第六条、第七条规定的,基金管理人不得新增出借业务。
Article 9: The involvement of a Fund in Securities Lending does not terminate the confirmation of the lent securities. The calculation of the holding period for securities held by a Fund shall not be affected by the lending thereof, and the lent securities shall be incorporated within the scope of calculation of the Fund's investment operation indicators.
第九条 基金参与出借业务不终止确认出借证券。基金持有证券的持有期计算不因出借而受影响,出借证券应纳入基金投资运作指标计算范围。
Article 10: When a Fund is involved in Securities Lending, it may adopt the specified reporting method or a non-specified reporting method and shall comply with the requirements of relevant self-regulation rules.
第十条 基金参与出借业务,可以采取约定申报方式和非约定申报方式,并符合相关自律规则的要求。
Where a Fund is involved in Securities Lending by means of the specified reporting method, the Fund manager and the borrowing securities company shall determine through consultations the specified reported quantity, term, charge rate, etc.
基金通过约定申报方式参与出借业务的,由基金管理人、借券证券公司协商确定约定申报的数量、期限、费率等要素。
Article 11: A Fund manager shall strengthen the management of credit risks in Securities Lending and reasonably disperse the concentration of lending terms and borrowing securities companies. Where a Fund is involved in Securities Lending by means of the specified reporting method, the Fund manager shall carry out the necessary due diligence on the solvency, etc. of the borrowing securities companies and strictly manage their access, subject different borrowing securities companies to trading limit management and carry out dynamic adjustment thereof, and the classification of the borrowing securities companies during the previous year shall be grade A.
第十一条 基金管理人应当加强出借业务信用风险管理,合理分散出借期限与借券证券公司的集中度。基金通过约定申报方式参与出借业务的,基金管理人应对借券证券公司的偿付能力等进行必要的尽职调查与严格的准入管理,对不同的借券证券公司实施交易额度管理并进行动态调整,借券证券公司最近1年的分类结果应为A类。
A Fund manager shall strengthen its management of affiliated transactions, abide by the principle of primacy of the interests of unit holders, handle matters in accordance with fair and reasonable market pricing and may not engage in benefit diversion or other improper trading activities.
基金管理人应加强关联交易管理,遵循持有人利益优先原则,按照市场公平合理价格执行,不得从事利益输送及其他不正当的交易活动。
Article 12: A Fund manager shall duly manage the liquidity risks relating to Securities Lending, strengthen stress testing management and analyze in detail factors such as market circumstances, investor class and structure, historical purchase and redemption data, and information on the liquidity of the lent securities so as to rationally determine the scope, term and percentage of lent securities.
第十二条 基金管理人应当做好出借业务流动性风险管理, 加强压力测试管理,详细分析市场情况、投资者类型与结构、历史申赎数据、出借证券流动性情况等因素,合理确定出借证券的范围、期限和比例。
Article 13: Where involvement in Securities Lending is proposed for a Fund, for which an offering application is made after the implementation hereof, the arrangements for Securities Lending shall be set forth in the Fund contract and prospectus, and information such as the Securities Lending plan shall be submitted with the product registration application materials.
第十三条 本指引施行后申请募集的基金,拟参与出借业务的,应当在基金合同、招募说明书中列明出借业务相关安排,在产品注册申请材料中提交出借业务方案等相关内容。
Article 14: Where the contract of a Fund that was approved or registered by the CSRC before the implementation hereof expressly provides that the Fund may engage in Securities Lending, it may engage in Securities Lending in accordance with laws, regulations and the Fund contract. If the Fund contract does not so provide, the Fund may engage in Securities Lending only after carrying out the Fund contract amendment procedure in accordance with the law, strategic placement funds recognized by the CSRC excepted.
第十四条 本指引施行前已经获得中国证监会核准或注册 的基金,基金合同明确约定基金可以从事出借业务的,可按照法律法规的规定及基金合同的约定从事出借业务。基金合同未约定的,需依法履行修改基金合同的程序后,方可从事出借业务。中国证监会认可的战略配售基金除外。
Article 15: A Fund manager shall disclose the details of the Fund's involvement in Securities Lending in documents such as the Fund's regular reports, and provide a detailed account of material affiliated transactions that occurred during the reporting period.
第十五条 基金管理人应当在基金定期报告等文件中披露 基金参与出借业务的情况,并就报告期内发生的重大关联交易事项做详细说明。
Article 16: Where a Fund is involved in Securities Lending, valuations shall be carried out with reference to relevant provisions of the industry association so as to ensure the fairness of valuation.
第十六条 基金参与出借业务的,应参照行业协会的相关规定进行估值,确保估值的公允性。
Article 17: If a Fund manager, Fund custodian or other such relevant institution violates these Guidelines, the CSRC and its relevant agency may take administrative regulatory measures against the relevant institution and personnel in accordance with the law. Where administrative penalties are called for in accordance with the law, such administrative penalties shall be assessed in accordance with relevant provisions. If there is suspicion that a criminal offense has been committed, the case shall be transferred to the judicial authority for the pursuit of criminal liability.
第十七条 基金管理人、基金托管人等相关机构违反本指引规定的,中国证监会及相关派出机构可依法对有关机构和人员采 取行政监管措施;依法应予行政处罚的,依照有关规定进行行政处罚;涉嫌犯罪的,移送司法机关,追究刑事责任。
Article 18: These Guidelines shall be effective as of the date of promulgation.
clp reference:3700/19.06.14 promulgated:2019-06-14 effective:2019-06-14第十八条 本指引自公布之日起施行。
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