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Nearly tightening regulations on derivative securities trading

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Tran Cong
Nearly tightening regulations on derivative securities trading

Securities company wishing to trade derivatives must have fully approved financial statements, no accumulated losses in the most recent fiscal year ...

According to the draft decree guiding the Securities Law, which is being consulted by the Ministry of Finance, the conditions for obtaining a derivative securities trading certificate are more stringent.

Securities companies must meet the charter capital and equity capital for proprietary trading and brokerage activities of VND 600 billion and 800 billion respectively. For derivative securities investment advisory, a decree issued in 2015 that does not regulate the minimum charter capital is now required to be over VND 250 billion.

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Securities company must meet full provisioning provisions, have no accumulated loss in the most recent fiscal year and a minimum financial safety ratio of 220% continuously in 12 months prior to filing. In addition, the opinion of the auditor on the most recent annual or semi-annual review financial report must be fully approved.

This regulation shows a clearer degree of quantification, as the previous decree only required "meeting the requirements of business results, capital availability and professional maintenance under the guidance of the Ministry of Finance" .

The only loose provision in the new draft is that in addition to the Director and Deputy Director in charge of operations, each derivative securities trading operation only needs to add at least 3 employees, instead of 5 people as before. In return, derivative securities traders will not be allowed to concurrently work in other departments of the company.

The draft Decree also adds conditions to grant certificates to securities investment fund management companies. The minimum charter capital for these businesses is VND 25 billion, together with requirements for financial status, audit reports and not in the state of reorganization, bankruptcy, dissolution or suspension. moving.

The State Securities Commission may suspend a number of derivative securities trading activities for up to 12 months when it detects that the application file is forged, contains false information or does not satisfy one of the number of conditions for 6 consecutive months. After the suspension period cannot be overcome, the enterprise must terminate the derivative activities.

The derivative stock market was inaugurated in August 2017, there are currently two derivative products on the underlying assets, the VN30 stock index and 5-year government bonds. In particular, government bond futures are a product for institutional investors.

As of the end of July, the derivative stock market had 19 trading and clearing members, with more than 132,000 accounts.

In three years, nearly 68 million futures were traded. The derivative stock market is particularly active when the underlying market is volatile. In 2019, the average transaction volume per session was 88,740 contracts, the first seven months alone increased approximately 95%, reaching over 173,000 contracts. A new volume record was set at more than 356,000 contracts during the July 29 session.

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