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China Issues Implementation Plan to Crack Down on Illegal Cross-border Securities, Futures and Fund Activities, Sets 2-Year Rectification Period
The China Securities Regulatory Commission, the Ministry of Industry and Information Technology, the Peoples Bank of China and the State Administration for Market Regulation, toge...
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China Issues Implementation Plan to Crack Down on Illegal Cross-border Securities, Futures and Fund Activities, Sets 2-Year Rectification Period
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The China Securities Regulatory Commission, the Ministry of Industry and Information Technology, the Peoples Bank of China and the State Administration for Market Regulation, together with eight departments, jointly issued the "Implementation Plan for the Comprehensive Rectification of Illegal Cross-border Securities, Futures and Fund Business Activities". The overall requirement is to, through a two-year concentrated rectification campaign, completely ban illegal cross-border business activities conducted by overseas securities, futures and fund institutions, and achieve the rectification objectives of "resolutely banning illegal activities and prudently clearing existing businesses."

The targets of rectification include overseas institutions illegally engaging in cross-border securities, futures and fund businesses; domestic affiliated or cooperative entities assisting such overseas institutions in illegal cross-border operations; illegal intermediaries soliciting domestic investors; and internet platforms and online self-media accounts that publish unlawful or non-compliant information.

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Illegal cross-border business activities conducted by overseas institutions will be banned in accordance with the law. Violations by relevant entities involving foreign exchange administration, anti-money laundering, cybersecurity and information management, and personal information protection laws and regulations will also be incorporated into the rectification scope.

Regarding the requirements for banning illegal cross-border operations, overseas institutions are prohibited from illegally conducting marketing and client solicitation activities related to securities, futures and fund businesses within the mainland, including operating websites and trading software domestically, publishing marketing information, pushing investment information, conducting rebate promotions, and promoting or inducing subscriptions to overseas stocks. Internet platforms are prohibited from providing marketing promotion, securities and futures account-opening channels or other facilitation services for illegal cross-border operations by overseas institutions. Online self-media accounts are prohibited from publishing related promotional or traffic-diverting information within the mainland.

Overseas institutions are also prohibited from providing illegal account opening, order execution, fund transfer and other trading services related to securities, futures and fund businesses within the mainland, including cross-border receipt and transmission of account-opening applications and trading instructions via websites, trading software and supporting servers. Any entity or individual is prohibited from guiding or assisting domestic investors in opening accounts in violation of regulations.

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Domestic entities are prohibited from assisting overseas institutions in illegally conducting marketing activities, unlawfully providing trading services, or offering support services such as website and trading software development and operation, and customer service for illegal cross-border operations.

In addition, a two-year concentrated rectification period will be established to clear existing illegal businesses. During the rectification period, overseas institutions are prohibited from providing illegal buy trades or fund inflows to existing investors within the mainland. Only one-way sell trades and fund outflows will be permitted. After the rectification period ends, overseas institutions must fully shut down domestic websites, trading software and supporting servers, and are prohibited from providing illegal trading and related services to existing investors within the mainland. The rectification will not affect the safety of investors assets. Overseas institutions are required to maintain proper communication with investors affected by the rectification measures within the mainland and make appropriate arrangements for account disposal to safeguard client asset security. (jl/da)

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