general provisions
Article 1 In order to guide futures companies to effectively manage reputation risks, improve the overall risk management system, and maintain the image of the futures industry and market stability, according to the Futures and Derivatives Law of the People's Republic of China, the Cyber Security Law of the People's Republic of China, the Regulations on the Administration of Futures Trading, the Measures for the Supervision and Administration of Futures Companies These Rules are formulated in accordance with the Regulations on Incorruptible Practice of Securities and Futures Operating Institutions and Their Staff.
Article 2 The reputation risk referred to in these Rules refers to the risk that traders and public opinion will have negative comments on the futures company due to the behavior or external events of the futures company and its subsidiaries, staff, etc., which will damage the brand value of the futures company, go against its normal operation, and even affect the market stability and industry image.
Reputation event refers to the relevant behavior or event that causes the reputation risk of futures companies.
Article 3 The futures company shall establish and improve the reputation risk management system and mechanism, actively and effectively monitor, identify, evaluate, respond to and report reputation risk, and prevent and reduce the loss and negative impact of reputation risk on the company, traders and industry to the greatest extent.
Article 4 A futures company shall fully consider reputation risk in various fields of operation and management, such as strategic planning, corporate governance, business operation, information disclosure, staff behavior management, and pay close attention to the interaction and transformation of market risk, credit risk, liquidity risk, operational risk, legal risk, compliance risk, information technology risk and other risks with reputation risk.
Article 5 The reputation risk management of futures companies shall follow the following principles:
（1） The overall principle. Futures companies should enhance their awareness of the overall situation and the overall situation, and fully realize that reputation risk management is an important, complex and long-term work involving not only individual companies, but also the whole industry , Conscientiously maintain the image of compliance, integrity, professionalism, stability and responsibility in the industry.
（2） Principle of comprehensiveness. The reputation risk management of the futures company runs through all departments, branches, subsidiaries and all staff of the company, as well as decision-making, implementation, supervision, feedback and other links. At the same time, we should guard against the reputation risk that may be caused by the third party cooperation agency, and fully consider the relevance and contagion of other internal and external risks.
（3） Matching principle. Futures companies should carry out multi-level and differentiated reputation risk management to match their own scale, business status, risk status, etc., and make timely adjustments in combination with changes in external environment and internal management.
（4） Forward looking principle. Futures companies should adhere to the reputation risk management concept of focusing on prevention, evaluate the reputation risk management and potential risks, eliminate hidden dangers and improve the predictability of reputation risk management.
（5） Prudence principle. The futures company shall carefully evaluate and judge the reputation risk and reputation events to avoid underestimate the possible losses and negative impacts.
（6） Principle of timeliness. The futures company shall establish a timely and efficient reputation event handling mechanism, timely report, actively respond to and effectively control reputation events, prevent reputation risk escalation, and timely repair the damaged reputation of the company.
Article 6 The China Futures Association (hereinafter referred to as the Association) guides the reputation risk management of the futures industry, focuses on the overall reputation risk of the industry, guides and coordinates the futures companies to respond to and deal with industrial reputation events, makes overall plans to promote industrial synergy, strengthens communication between all parties, and organizes skill training, And maintain and enhance the reputation of the futures industry through industry self-discipline and publicity.
The futures company shall cooperate with the Association to promote the communication and cooperation in the industry of reputation risk management, and jointly improve the level of reputation risk management in the industry.
Chapter II Management Responsibilities
Article 7 A futures company shall establish an effective organizational structure for reputation risk management, and define the responsibilities of the board of directors, the board of supervisors or supervisors, the management, the chief risk officer, all departments, branches, subsidiaries and relevant staff in reputation risk management.
Article 8 The board of directors of futures companies bears the ultimate responsibility for reputation risk management , The following duties shall be performed:
（1） Promote the construction of corporate reputation risk management culture;
（2） Determine the overall objectives and principles of reputation risk management, review and approve the reputation risk management system;
（3） When a major reputation risk event occurs in the company, assess the responsibilities of the company's management and make corresponding accountability treatment according to the assessment;
（4） Other reputation risk management responsibilities specified in the Articles of Association.
The board of directors of a futures company may authorize a special committee to perform the duties of reputation risk management and supervision.
Article 9 The board of supervisors or supervisors of the futures company shall be responsible for supervising the reputation risk management, supervising and inspecting the performance of the board of directors and the management in reputation risk management, and supervising and urging the rectification.
Article 10 The management of a futures company bears direct responsibility for reputation risk management and shall perform the following duties:
（1） Determine the organizational structure of reputation risk management, establish a reputation risk management mechanism with clear responsibilities, and ensure the comprehensive and effective implementation of the reputation risk management system;
（2） Fully understand the overall reputation risk level and management status of the company, and allocate reputation risk management resources that meet the company's operation and management needs and adapt to the nature, scale and complexity of business;
（3） Evaluate the reputation risk of the company in major business management decisions or activities and major external events, and determine the response plan;
（4） Establish an effective public opinion monitoring system or take corresponding measures to support the timely identification and dynamic monitoring of reputation risks;
（5） Determine the disposal plan of reputation risk, and determine the scope of the company's external disclosure;
（6） Establish and improve the work assessment and accountability mechanism of reputation risk management;
（7） Other responsibilities of reputation risk management.
Article 11 The futures company shall establish or designate a department or team to take the lead in reputation risk management, and designate a senior manager to be responsible for it. The chief risk officer of the futures company shall cooperate in the work related to reputation risk disposal.
The futures company shall ensure that the senior managers and the chief risk officer in charge of reputation risk management have the right to know and the resource allocation necessary for the full performance of their duties.
Article 12 The department or team in charge of reputation risk management led by the futures company shall perform the following duties:
（1） Formulate reputation risk related systems and handling processes, organize and implement daily reputation risk assessment, put forward comprehensive suggestions and follow up, sort out and report the company's reputation events, and organize and implement reputation risk related training;
（2） Release daily information related to the company's reputation risk management, maintain and manage media relations, and use various media forms to promote the active dissemination of positive and objective information of the company;
（3） Organize the implementation of public opinion monitoring, early warning, research and report, put forward suggestions on public opinion response plans and organize the implementation;
（4） Prepare reputation risk response plan, coordinate and organize media docking and communication;
(V) manager Other reputation risk management work designated by the.
Article 13 A futures company shall set up a press spokesman. The press spokesman can be one or more persons, at least one of whom is a senior manager of the company. The spokesman of the futures company shall strengthen the contact with the competent department of news publicity and network information, and constantly improve the cognition level and mutual cooperation of relevant units in external communication.
The press spokesman should have high political quality, media quality and professional quality, be good at communication, be familiar with the company's business and operation management, have a global view, and have experience in handling emergencies. The press spokesman shall perform the following duties according to the needs of the company:
（1） Expounding the company's views and positions on major issues, activities and management behaviors of the company that are concerned by the news media and the public;
（2） Clarify false, untrue and incomplete information, and create an objective and good public opinion environment for the development of the company and the industry;
（3） Other press release responsibilities.
Article 14 Other functional departments, business departments, branches and subsidiaries of futures companies shall strengthen their own behavior control, cooperate in reputation risk management, and perform the following duties:
（1） Actively identify, prevent and report reputation risks in various fields of the company's operation and management;
（2） Participate in the assessment and disposal of reputation risk;
（3） Implement the decisions related to the department, branch or subsidiary in the response plan;
（4） Other responses and implementation related to reputation risk management.
Article 15 The staff of futures companies and subsidiaries shall abide by discipline and law, be honest and trustworthy, be diligent and responsible, perform their duties carefully, keep secrets strictly, cherish reputation, consciously safeguard the legitimate rights and interests of customers, the company and other interested parties, and shall not damage the reputation of the company and the industry.
Article 16 A futures company shall incorporate reputation risk management into the scope of internal audit, and independently and objectively review and evaluate the effectiveness of reputation risk management. If problems are found in internal audit, relevant responsible persons shall be urged to rectify in time, and the implementation of rectification measures shall be tracked and inspected.
Article 17 The futures companies should strengthen the communication and contact with the same industry, learn from each other's experiences and lessons, not slander or hype maliciously, and jointly maintain the overall reputation of the futures industry.
Article 18 The futures company shall guide its subsidiaries to monitor, prevent and dispose the reputation risk of the institution by referring to the parent company's reputation risk management rules and regulations.
Chapter III Institutional Mechanism
Article 19 A futures company shall develop and continuously improve its reputation risk management system in line with its strategic objectives, business scale and product characteristics, define the objectives and principles of reputation risk management, organizational structure and division of responsibilities, management processes, staff code of conduct and other requirements conducive to prevention and management of reputation risk, and Inspection and other means ensure the implementation of reputation risk management system. The futures company shall evaluate the relevant systems of reputation risk management and update them in a timely manner according to the actual situation.
Article 20 The futures company shall determine the risk sources that may affect the company's reputation, comprehensively, systematically and continuously collect and identify relevant internal and external information, focus on the driving factors that may cause reputation risks in the following activities, and formulate response plans:
（1） Strategic planning or adjustment, changes in equity structure, changes in major shareholders, controlling shareholders, actual controllers and shareholders' actual controllers;
（2） Adjustment of internal organization, change of senior managers and key personnel;
（3） Design, provision, implementation or promotion of business investment activities and products and services;
（4） The company's business information to be disclosed has significant changes or significant adverse factors;
（5） Major defects in the design, implementation and system control of internal control or major business losses;
（6） Software and hardware defects, failures or network security events that affect the normal business activities of the company;
（7） Judicial events, party discipline punishment, supervision investigation, administrative supervision measures, administrative punishment, self-discipline punishment, etc;
（8） Improper remarks or behaviors of staff in violation of national laws and regulations, incorruptible employment regulations, professional ethics, business norms, etc;
（9） False reports of news media or false statements on the Internet;
（10） The reputation events of related parties or other interested parties are transmitted to the futures company;
（11） Complaints of traders and their improper remarks or behaviors involving futures companies;
（12） Infringement or misleading of the public by others who imitate the company name, trademark, website, etc;
（13） Other important factors that may cause reputation risk.
Article 21 The content released by futures companies shall be true, accurate and complete, and shall not violate laws, regulations and relevant provisions. A futures company shall establish a uniformly managed media communication mechanism, standardize the authorization, review and release process of information release to the media, timely release and communicate the company's views and positions, clarify false and untrue information, and avoid the spread and escalation of false information such as false reports and misinterpretations in the public opinion environment.
Article 22 A futures company shall clarify the content, form, frequency and scope of the report on reputation risk, and ensure that the board of directors, the management level and the chief risk officer understand the company's reputation risk level and management status in a timely manner.
The futures company shall submit the report related to reputation risk according to the requirements of the regulatory department or its dispatched offices, associations, etc.
Article 23 The futures company shall establish a staff reputation restriction and evaluation mechanism to prevent and manage the reputation risks caused by staff, including but not limited to:
（1） Formulate the norms of the staff reputation restriction system, and clarify that the staff should comply with laws and regulations, regulations on honest practice, codes of conduct, professional ethics, security and confidentiality regulations, personal codes of conduct and principles of external communication;
（2） Specify the department or team for staff reputation management, and other functional departments, business departments, branches and subsidiaries shall cooperate in reputation risk monitoring, identification, recording, processing and reporting according to the division of responsibilities for staff reputation management;
（3） Strengthen the management and training of staff's behavior in using social platforms, We Media and other online media, require staff to abide by laws and regulations, observe public order, respect social ethics, not endanger national security or undermine national unity, not publish or disseminate statements that damage the image of the party and the country, and not disclose Sell or illegally provide others with personal information, privacy, trade secrets and internal information learned in the performance of their duties, and shall not manufacture and disseminate information that violates public order and good customs, disturbs economic order or is untrue, and shall not publish improper statements that damage the reputation of the industry and the normal trading order of the market;
（4） Incorporate the reputation of the staff into the personnel management system. When conducting recruitment and subsequent staff management, assessment, promotion and other situations, the reputation of the staff should be investigated and evaluated as an important basis for judgment;
（5） Designate a special department to supervise the implementation of the reputation constraint and evaluation mechanism of the company's staff, rectify the problems found in a timely manner, and seriously deal with the responsible person in accordance with relevant regulations;
（6） The Company shall continue to be responsible for handling and repairing the impact of reputation events if the behavior of the Company's staff has caused reputation risks and has resigned.
Article 24 The futures company shall establish and improve the work assessment and accountability mechanism of reputation risk management, and clearly include the disposal of reputation risk into the performance assessment scope of senior managers, departments, branches, subsidiaries and relevant staff. The relevant departments and staff responsible for reputation risk and improper handling of reputation events shall be investigated, and the improvement of relevant problems shall be tracked and evaluated.
Article 25 The futures company shall properly keep the information about reputation events, countermeasures, handling results, etc., and the relevant information shall be kept for at least five years.
Chapter IV Treatment process and countermeasures
Section hexacosa- strip Futures companies should fully understand the complexity, interactivity, concealment and uncontrollability of information and public opinion, study laws, simulate scenarios, sort out risk points that are prone to frequent occurrence, and reserve disposal plans and response statements for conventional reputation risks. The futures company shall constantly enrich and improve the emergency plan for emergencies.
Article 27 Futures companies should strengthen scientific and technological monitoring and do a good job in the daily monitoring and collection of reputation information and data. When a reputation event occurs, the futures company shall dynamically monitor the original and forwarding of information and the spread of public opinion.
Article 28 After the futures company monitors the information that has occurred or may cause reputation risk, it should respond quickly, organize personnel to carry out risk assessment at the first time, find out the causes of reputation information accurately, verify the problems reflected in the information, and dispose of reputation risk.
Section nonacosa strip The futures company shall manage the monitored reputation risk by levels according to the spread speed, scope of influence, severity and development trend of reputation risk. The reputation risk is divided into three levels from light to heavy according to the risk degree: general, major and particularly significant.
commonly Reputational risk refers to the reputation risk that causes or may cause slight adverse impact on the reputation of futures companies, spreads in a small scope, and does not affect the reputation of the futures industry.
major Reputation risk refers to the reputation risk that has caused or may cause significant adverse impact on the reputation and operating conditions of futures companies, spreads widely, and affects the futures industry.
Particularly significant Reputational risk refers to the reputation risk that causes or may cause major losses to futures companies, reputation damage to futures industry, substantial market fluctuations, systematic risks or affects the stability of social and economic order.
Article 30 For general reputation risk, the responsible department or team shall properly organize and handle it according to relevant responsibilities, and can control and mitigate it by strengthening early warning, coordination and communication. For major and particularly significant reputation risks, a special reputation risk emergency response team should be established to formulate and implement plans and coordinate resources to ensure clear responsibilities, unified actions, information sharing and smooth communication.
The futures company shall timely adjust the response plan, judge the relevance impact of reputation events, and prevent the spread or escalation of partial or single reputation events.
Article 31 The futures company shall, according to the reputation risk Scope of influence and propagation speed, etc, Timely respond to external concerns. The external communication statement of general reputation risk shall be released after being reviewed by the senior manager in charge of reputation risk management; The external communication caliber of major and particularly significant reputation risks shall be released after being reviewed by the senior management in charge of reputation risk management and the main person in charge of the company.
Article 32 Futures companies should grasp the opportunity, pace and strength of guidance, make use of the company's official website, official WeChat and other channels to timely publicize the clarification or explanation, respond to customers by SMS, email and other forms, and provide relevant media with response materials when necessary.
Article 33 The futures company shall timely report the reputation risk and disposal to the Association and the dispatched office of the CSRC where the futures company is located. For major reputation risks, they should be found twenty-four Report within hours; For particularly significant or emergent reputation risk, it shall thirty Report within minutes. If the disposal cannot be reported due to objective reasons, the main situation shall be reported first, and the disposal results shall be reported in a timely manner.
Article 34 The futures company shall take measures to safeguard its own legitimate rights and interests in accordance with the law in case of malicious damage to its reputation.
Article 35 The futures company shall actively carry out the work related to reputation restoration, actively communicate and coordinate, increase positive publicity and guidance, and comprehensively take measures to eliminate or reduce the negative impact of reputation risk.
Article 36 The futures company shall effectively rectify the problems that cause reputation risk, and carry out follow-up evaluation and summary. At the same time, inspect the relevance of other business areas, businesses, publicity strategies, etc. with reputation risks, timely check and fill gaps, further improve the system, standardize the process, and avoid the recurrence of similar reputation risks.
Chapter V Self discipline Management
Section thirty-seven strip The Association can supervise and inspect the reputation risk management of futures companies, subsidiaries and staff through on-site or off-site means.
Article 38 If a futures company, its subsidiaries or staff members cause reputation risk due to their own fault, improperly dispose of reputation risk and cause adverse effects, or violate the provisions of these Rules, the Association may impose disciplinary sanctions according to the seriousness of the case, and record them in the integrity information file.
If the futures company, its subsidiaries and staff cause reputation risk, and there is evidence to prove that the futures company has effectively fulfilled the reputation risk management requirements of the Rules, and has taken measures to eliminate and mitigate the adverse effects, the futures company may be relieved or exempted from disciplinary punishment. The staff who actively cooperate with the investigation, actively self inspect and self correct, and take measures to eliminate and mitigate the adverse effects may be given a lighter or exempt from disciplinary punishment.
Chapter VI Supplementary Provisions
Section thirty-nine strip The staff refers to the personnel who work in the name of the company, including the regular employees who have established labor relations with the company, and the employees dispatched to the company.
The futures company shall conduct reputation risk management on outsourcing, secondment and other personnel with reference to these Rules as required.
Section forty strip The Rules shall be interpreted and revised by the China Futures Association.
Article 41 These Rules shall come into force as of the date of promulgation.
