| Notice by the China Banking Regulatory Commission of Issues concerning Improving the Organizational Management System of Banks' Wealth Management Business | | 中国银行业监督管理委员会关于完善银行理财业务组织管理体系有关事项的通知 |
| (No. 35 [2014] of the China Banking Regulatory Commission) | | （银监发[2014]35号） |
| All local offices of the China Banking Regulatory Commission (“CBRC”) and development banks; all state-owned commercial banks and joint-stock commercial banks; and Postal Savings Bank of China: | | 各银监局，开发银行，各国有商业银行、股份制商业银行，邮政储蓄银行： |
| For the purposes of further regulating the development of banks' wealth management business and improving the organizational management system of the wealth management business, you are hereby notified of the relevant matters as follows: | | 为进一步规范银行理财业务发展，完善理财业务组织管理体系，现就有关事项通知如下： |
| 1. A banking financial institution (hereinafter referred to as a “bank”) shall undergo the multidivisional structure reform for its wealth management business according to the requirements for separate accounting, risk isolation, codes of conduct and centralized administration, and establish a specialized wealth management business department responsible for the centralized and uniform operation and management of the wealth management business of the entire bank. | | 一、银行业金融机构（以下简称银行）应按照单独核算、风险隔离、行为规范、归口管理等要求开展理财业务事业部制改革，设立专门的理财业务经营部门，负责集中统一经营管理全行理财业务。 |
| 2. “Separate accounting” means that the wealth management business department, as an independent profit center, shall establish a separate system for performance evaluation after accounting, statistical analysis and risk adjustment. The wealth management business department shall, at the same time, establish separate ledgers for each bank wealth management product, conduct separate accounting and cover all wealth management products on and off balance sheets. | | 二、单独核算是指理财业务经营部要作为独立的利润主体，建立单独的会计核算、统计分析和风险调整后的绩效考评体系。理财业务经营部同时要对每只银行理财产品分别单独建立明细账，单独核算，并应覆盖表内外的所有理财产品。 |
| 3. “Risk isolation” means the separation of the wealth management business from the credit and other business and the establishment of an independent line risk control system in line with the features of the wealth management business; the separation of the self-operated business from the business conducted on behalf of clients; the separation of bank wealth management products from bank wealth management products of a third party agency sold by the bank on a commission basis; the separation of bank wealth management products from each other; and the separation of the operation of the wealth management business from the operation of other business of the bank. | | 三、风险隔离是指理财业务与信贷等其他业务相分离，建立符合理财业务特点的独立条线风险控制体系；同时实行自营业务与代客业务相分离；银行理财产品与银行代销的第三方机构理财产品相分离；银行理财产品之间相分离；理财业务操作与银行其他业务操作相分离。 |
| (1) The “separation of the wealth management business from the credit business” means that the fund sources of wealth management products correspond to the application of funds and the wealth management business is independent of the bank credit business; the credit funds of the bank may not be used to provide financing and security for the bank's wealth management products and the wealth management business shall be in line with the asset management business in nature. | | （一）理财业务与信贷业务相分离是指理财产品的资金来源和资金运用相对应，独立于银行信贷业务；本行信贷资金不得为本行理财产品提供融资和担保；理财业务应回归资产管理业务的本质。 |
| (2) The “separation of the self-operated business from the business conducted on behalf of clients” means that independent accounts are opened separately for the self-operated business and the business conducted on behalf of clients; and the corresponding risk management procedures and internal control systems are established separately; the funds for wealth management on behalf of clients may not be used in the self-operated business of the bank and regulatory indicators shall not be regulated by such means as setting the period of wealth management products and adjusting accounting bookkeeping. | | （二）自营业务与代客业务相分离是指自营业务与代客业务分别开立独立账户；分别建立相应的风险管理流程和内控制度；代客理财资金不得用于本行自营业务，不得通过理财产品期限设置、会计记账调整等方式调节监管指标。 |
| (3) The “separation of bank wealth management products from wealth management products of a third party agency sold by the bank on a commission basis” means that a bank shall have mutually independent access, examination, promotion and sales rules when selling the aforesaid two types of products; and when the bank sells the products of a third party agency on a commission basis, it must adopt the publicity and promotion materials and sales contracts prepared by the product issuer, and shall not place the mark of sales agencies. | | （三）银行理财产品与银行代销的第三方机构理财产品相分离是指银行销售上述两类产品时应有相互独立的准入、考核、推介和销售制度等；代销第三方机构产品时必须采用产品发行机构制作的宣传推介材料和销售合同，不得出现代销机构的标识。 |
| (4) The “separation of bank wealth management products from each other” means that no transaction shall be conducted among a bank's wealth management products, and mutual adjustments of proceeds is prohibited. | | （四）银行理财产品之间相分离是指本行理财产品之间不得相互交易，不得相互调节收益。 |
| (5) The “separation of the operation of the wealth management business from the operation of other business of the bank” means that a bank that provides wealth management business services shall have independent operating process, business certificates, sales texts, and sales management information system; shall have professional wealth managers with business qualifications; and set obviously labeled service areas in business premises (including online banking, among others). | | （五）理财业务操作与银行其他业务操作相分离是指银行开展理财业务服务应有独立的运作流程、业务凭证、销售文本、销售管理信息系统；应有获得业务资质的专门理财人员；应在营业场所（包括网上银行等）设立有明显标识的服务区域。 |
| 4. “Codes of conduct” means that a bank that conducts the wealth management business shall comply with the following requirements of codes of conduct. | | 四、土豪我们做朋友好不好行为规范是指银行开展理财业务应符合以下行为规范要求： |
(1) Codes of conduct for sales. “Codes of conduct for sales” means that a bank must strictly fulfill regulatory requirements, and shall not provide introductions containing any rigid redemption contents; shall not sell wealth management products without market analysis or forecasting, risk management and control plans, risk ratings or independent estimations and wealth management products containing complex financial derivative instruments with a serious risk-return mismatch; shall not use any low probability event to exaggerate the rate of return or interval return of a product; shall not sell wealth management products by means of unfair competition; shall not sign documents on behalf of clients; shall not misappropriate clients' funds; and shall not sell wealth management products developed and designed by other banks or financial institutions as its own wealth management products after placing its own marks on the products.
．．．．．． | | （一）销售行为规范。销售行为规范是指银行必须严格落实监管要求，不得提供含有刚性兑付内容的理财产品介绍；不得销售无市场分析预测、无风险管控预案、无风险评级、不能独立测算的理财产品；不得销售风险收益严重不对称的含有复杂金融衍生工具的理财产品；不得使用小概率事件夸大产品收益率或收益区间；不得以不正当竞争手段推销理财产品；不得代客户签署文件；不得挪用客户资金；不得将其他银行或金融机构开发设计的理财产品标记本行标识后作为自有理财产品销售。
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