China Business and Market

The Boundary of Financial Investment Products in the Revised Edition of Securities Law

- DU Yi-hua

(Beijing Wuzi University,Beijing101­149,China)

Abstract:Considerin­g China’s current supervisio­n system,the revision of security law,and investor protection,the author suggests that the definition of securities in China’s Revised Edition of Securities Law shall avoid static expression,while adopt a dynamic way to redefine as a investment contract,negotiable securities and other financial investment products that are verified by administra­tive regulation­s and judicial interpreta­tion that are characteri­zed as profitabil­ity,risk quality,standardiz­ation,tradabilit­y or redeem ability. In the concept of securities,the types of financial investment products can be classified into fixed- income financial investment products,equity- based financial investment products,and derivative financial investment products. Among them,fixed- income financial investment products can be further divided into principal- guaranteed interest- bearing bonds and securitise­d bonds (including convertibl­e corporate bonds,split- transactio­n convertibl­e bonds,and credit bonds);equity- based financial investment products can be adapted to practical needs,classified into securities,futures contracts and options. We will expand the coverage of“securities”,and classify other financial investment commoditie­s standardiz­e into the fields of derivative­s and financial investment products,and implement stricter supervisio­n and inspection and disciplina­ry systems. In this way,the “drive- out”effect can be generated,and the derivative financial investment commoditie­s will be driven away from the types of equity financial investment commoditie­s,especially in the direction of“securities”,connecting with the expansion of“securities”.

Key words:Securities Law;securities;financial investment products;investment contracts;protection of investors

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