The reporter learned from the State Administration for Market Regulation on March 15 that in order to guide online trading platform enterprises to strengthen compliance management and improve the compliance level of law-based compliance operations, platform enterprises are encouraged to equip compliance managers with compliance scale to refine the main responsibilities of compliance directors and compliance administrators.
Recently, the State Administration for Market Regulation issued the "Guiding Opinions on Promoting Online Trading Platform Enterprises to Implement the Main Responsibilities of Compliance Management".
A relevant person in charge of the Online Trading Supervision and Administration Department of the State Administration for Market Regulation introduced that in recent years, online trading platform companies have developed rapidly, and their status and role in the overall economic and social development have become increasingly prominent. At the same time, some enterprises have problems such as incomplete compliance management organizations, unclear compliance management personnel, and related responsibilities, imperfect compliance operation mechanisms, and inadequate understanding of compliance management. It is urgent to guide enterprises to implement the main responsibilities of compliance management, transmit responsibilities and pressure to the enterprise terminal, and promote enterprises to operate in accordance with the law.
The guidance points out that the compliance director and compliance administrator should focus on improving several capabilities, including being familiar with the laws, regulations, policies, standards and compliance management requirements of the enterprise in online trading platform enterprises, as well as mastering the professional knowledge and skills to identify and prevent and control compliance risks of online trading platform enterprises.
The guiding opinions concretize the main responsibilities of corporate compliance management and have strong operability. From the perspectives of improving compliance management organization, clarifying responsibilities, and improving operating mechanisms, it provides an important reference for platform enterprises to improve the compliance management system, which is conducive to enterprises standardizing their business behavior and preventing and controlling risks from the source.
For example, the guidance points out that compliance administrators must conduct compliance risk inspections every two months in accordance with the "Compliance Risk Control List" and in accordance with the requirements of the compliance management system to form a "Compliance Risk Inspection Record". The main person in charge of the enterprise listens to the work report of the compliance director once a year, schedules compliance management, risk investigation, problem rectification, etc., makes arrangements for the key tasks of the next year, and forms the "Minutes of the Compliance Management Scheduling Meeting".
The guiding opinions clearly state that when market supervision and inspection of online trading platform enterprises, the market supervision department will use the enterprise compliance management situation as a consideration for determining the frequency of "double random" inspections and making administrative handling decisions in accordance with the law.
In addition, the guiding opinions also propose to help enterprises reduce compliance management costs and prevent and control operating risks from the source. In order to fully guarantee the independent operation rights of enterprises, we will promote enterprises to formulate compliance management systems that meet their own development needs, set up corresponding institutions and personnel, and promote flexible and efficient compliance management of enterprises on different scales of large, medium and small platforms. (Reporter Zhao Wenjun)

