关于在华外资银行雇员可否提供投资建议的法律意见-英文模版.docxVIP

PAGE / NUMPAGES 关于在华外资银行雇员可否提供投资建议的法律意见-英文模版 Legal Opinion on Whether Employees of Foreign-invested Banks in China May Provide Investment Advice Introduction This legal opinion is prepared at the request of ABC Bank, a foreign-invested bank in China, regarding whether its employees may provide investment advice to clients in China. Background ABC Bank is a foreign-invested bank established in China. The bank provides various banking services to clients in China, including deposit-taking, lending, and foreign exchange services. The banks clients include individuals, small and medium-sized enterprises, and multinational corporations. Recently, ABC Bank has received requests from some of its clients for investment advice on various financial products, such as stocks, bonds, and mutual funds. ABC Bank is considering whether its employees, who have expertise in investment and finance, may provide such advice to clients. Legal Analysis 1. Applicable laws and regulations The provision of investment advice by banks in China is governed by various laws and regulations, including the Bank Supervision Law, the Securities Law, and the Administrative Measures for Securities Investment Consulting Business. According to these laws and regulations, banks are subject to certain restrictions on providing investment advice to clients. 2. Interpretation of laws and regulations The Bank Supervision Law provides that banks are only allowed to conduct banking business within the scope authorized by the banking regulatory authorities, and must not engage in any non-banking business without authorization. The Securities Law defines securities investment consulting business as a type of non-banking business. The Administrative Measures for Securities Investment Consulting Business further specify that only entities that have obtained a securities investment consulting license from the China Securities Regulatory Commission are allowed to engage in securities investment consulting business. T