金融机构衍生产品交易业务管理暂行办法 order of the china banking regulatory commission.docVIP

金融机构衍生产品交易业务管理暂行办法 Order of the China Banking Regulatory Commission 中国银行业监督管理委员会令No. 1 Interim Measures for the Management of the Dealings of Derivative Products of Financial Institutions have been adopted at the chairman meeting of China Banking Regulatory Commission and are hereby promulgated. The present Measures shall come into effect as of March 1， 2004. Liu Mingkang， Chairman February 4， 2004 Interim Measures for the Management of the Dealings of Derivative Products of Financial Institutions Chapter I General Provisions Article 1 With a view to regulating the dealings of derivative products of banking institutions， effectively controlling the risk of banking institutions in the transaction of derivative products， the present Measures are formulated in accordance with Banking Supervision Law of People’s Republic of China and Commercial Bank Law of People’s Republic of China and other relevant laws and regulations. Article 2 The term of financial institutions as mentioned in the present Measures refers to the banks， trust and investment companies， finance companies， financial leasing companies， legal person of auto financing companies and branches of foreign banks established within the territory of People’s Republic of China （hereinafter referred to as branches of foreign banks）。 Article 3 The term of derivative products as mentioned in the present Measures refers to a certain type of financing contract the value of which subjects to one or more than one basic assets or index. Basic types of these contracts are futures， transaction at usance， swap transaction and futures rights. Derivative products also including structural financial tools that have one or more characteristic of futures， transaction at usance， swap transaction and futures rights. Article 4 The dealings of derivation products of financial institutions referred to in the present Measures can be divided into two categories as followed： （1） The derivative product transactions for the pur