China introduces margin trading and securities lending

摘要

Purpose – The aim of this paper is to explain the details of a trial program in China to introduce margin trading and securities lending. Design/methodology/approach – The paper describes eligibility requirements for securities companies and their clients; accounts for margin trading and securities lending to be opened by the securities company; contracts between a securities company and its client that must be entered into; collateral a client is required to provide to the securities company; a client's rights and entitlement with respect to collateral; internal rules and precautions required of the securities company; the securities company's risk control requirements; and the possible impact of the new program on foreign investors. Findings – The paper finds that the conduct of margin trading and securities lending in China is highly regulated. There are significant requirements with respect to separate accounts, collateral, contracts, and controls. Before providing margin trading or securities lending to clients, securities companies are required to carefully assess and determine the identity, creditworthiness, assets, income, securities investment experience, investment preferences, and risk appetite of their clients. The securities company must explain how the margin trading and securities lending will be conducted and the content of the contracts to the client, and require the client to sign a transaction risk disclosure letter that specifies certain risks involved in such business. A client may only maintain margin trading facilities and securities lending business with one securities company in China. Originality/value – The paper provides a practical guide to a new program by lawyers who are experts in Chinese securities regulations.