New to the Financial Products Distribution Helpdesk is a practical Relationship Manager or "RM" Checklist, which has been designed for use by relationship managers when conducting sales and marketing activities in a jurisdiction during the customer prospecting, acquisition, and follow-up phases. Currently checklists for 26+ countries are available with more in development.

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Financial Products Distribution Helpdesk
RM Checklist – Topics Covered
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The LawInContext Relationship Manager (RM) Checklists focus on the do’s and don’ts of cross-border marketing
and distribution of banking, securities and life insurance products and services into various jurisdictions around the
world. The checklists cover, in a practical manner, the range of prospecting, acquisition and post-acquisition activi-
ties that a financial institution’s relationship or account manager would normally engage in when taking financial
products and services to market. Its design supports their strategic use as know-how/research and training tools.
The following is a sample of topics covered within each RM Checklist of LawInContext’s Financial Products
Distribution Helpdesk at www.lawincontext.com.
FINANCIAL PRODUCTS DISTRIBUTION HELPDESK
BANKING RM CHECKLIST - CHINA
(Topic: Banking - Marketing & Sales / Subtopic No.: RM Checklist)
Overview
Set out in this Banking RM Checklist subtopic is a reference table designed to summarize permitted and prohibited
marketing activities in China in relation to the cross-border marketing and distribution of banking financial products
and services. The Banking RM Checklist is designed based on the assumptions set out below. The table format is, by
necessity, in summary form and it may be necessary to consult legal counsel in the particular case.
A. Business Model Structure
• Relationship Manager (RM) is an employee of Global Financial Institution (GFI)1
, which is located outside China.
• All transactions for GFI’s products will be booked outside China.
• The RM will not use or involve GFI’s branch in China, if any, except in the limited circumstances detailed below.
B. Types of Products to be offered by the RM to customers in China
1. Deposit Taking
2. Mortgages
3. Consumer Lending
4. Credit Charge Cards
5. E-Money
6. Foreign Exchange and Money Transmission
7. Trusts and Foundation
8. Discretionary asset management v. Advisory accounts
9. Lombard Credits
Analysis
1. Marketing and sales activities conducted within China
There is no published law or regulation in China that specifically regulates the marketing and sales activities under-
taken by RMs of GFIs in relation to the offering of the products described above (the “Products”) in China, nor is
there any specific approval or license which can be obtained from the regulators in China which allows RMs to engage
in marketing and sales activities in relation to the Products in China.
1 A “Global Financial Institution (GFI)” can include a bank, an insurance company, an asset manager or an integrated financial institution offering one
or more of the products/services. [Note: Since this Checklist relates to banking financial products and services, please consider whether
the definition of GFI should be limited to a bank. In any event, the information provided below is limited to products and services
provided by banks, but not insurance companies, asset managers or other types of non-bank financial institutions.]

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According to the relevant laws and regulations in China, without proper approvals from the relevant government
authorities, GFIs from outside China are not allowed to engage in any commercial or operational activities in China.
Therefore, as a general rule, marketing and sales activities of GFIs in China are not allowed, since they would be
deemed to be conducting financial business in China without proper approval or license.
To avoid being considered as engaging in financial business in China without proper approval or license, RMs should
not engage in any marketing and sales activities in relation to the Products in China. Even if the relevant business
contracts of the Products are signed offshore, to engage in marketing and sales activities in relation to the Products
in China may be considered by the regulators as engaging in regulated financial activities in China, for which the
relevant approval or license is required.
Note that to the extent the marketing and sales activities undertaken in China are confined to enhancing the general
market awareness of the GFI, or are reactive to requests from the GFI’s customers or are targeting specific custom-
ers (and are not offered to the general public) and in either case the relevant products or services are expressed
permitted by PRC law to be made directly available by GFIs from outside China to their customers in China, it is likely
that the regulators in China would tolerate these activities (Permissible Activities). Examples of these products or
services are: foreign currency loans borrowed by companies in China from banks outside China, and opening foreign
currency or Renminbi accounts by companies in China with a bank outside China. Among the Products, the only
Product that would be categorized as a kind of product or service covered under the Permissible Activities is Lombard
Credits (to the extent they qualify as foreign currency loans).
2. Offshore and cross-border marketing and sales activities
Generally, the financial regulators in China do not have extra-territorial jurisdiction over the activities of GFIs outside
China. If the marketing and sales activities are undertaken purely outside China or in a cross-border manner, they
should not give rise to regulatory issues in China. That being said, even if the activities are undertaken in a cross-
border manner, if they go beyond Permissible Activities, there is a risk that if they are discovered by the regulators
in China, the relevant GFI may be blacklisted by the regulators in China which may have an adverse effect on its or
its group companies’ business operations and developments in China (Risk).
No. Product / Activity
Permitted / Do’s Prohibited. / Don’ts
1 ADVERTISING,
MARKETING AND
PUBLIC ACTIVITIES
1.1 Advertising and marketing
within China, e.g.,
distribution of business
cards and/or general
marketing materials.
To enhance the general market
awareness of GFI, but subject to
the requirement that GFI must
engage an advertising agent
with the special qualification to
engage in advertising activities
for foreign entities which do not
have a presence in China.
To engage in public advertising
and marketing activities in
relation to the Products.
1.2 Public Activities within
China (e.g., seminars and
press interviews)
To enhance the general market
awareness of GFI, but subject
to the requirement that press
interviews should not be paid
for by GFI.
To engage in public activities
involving the advertising and
marketing of the Products.
To pay for any press interview.

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No. Product / Activity
Permitted / Do’s Prohibited. / Don’ts
1.3 General advertising of an
entity within China,
advertising a name or
brand image without
triggering a licensing
requirement
Permitted, but subject to the
requirement that GFI must
engage an advertising agent
with the special qualification to
engage in advertising activities
for foreign entities which do not
have a presence in China.
To engage in public advertising
and marketing activities in
relation to the Products.
1.4 Specific requirements in
case of image campaigns
within China, e.g., in
terms of permissible
contents, e.g.,
contact details
(telephone, address,
website address)
To enhance the general market
awareness of GFI.
To conduct image campaign in
relation to the Products.
1.5 Advertising specific
products, services,
financial research, etc.,
within China
To enhance the general market
awareness of GFI, but subject to
the requirement that GFI must
engage an advertising agent
with the special qualification to
engage in advertising activities
for foreign entities which do not
have a presence in China.
To advertise the Products.
2.0 INTERNET PLATFORM
ADVERTISING AND
OFFERING FINANICAL
PRODUCTS/FINANICAL
SERVICES
2.1 Requirements for
languages used on website
Permitted and no language
requirement, but subject to the
restriction that the internet
platform must be located
offshore.
To set up advertising internet
platform in China.
2.2 Information
requirements regarding
China legal framework
or other particularities
included on website
Permitted and no information
requirements, but subject to the
restriction that the internet
platform must be located
offshore.
To set up advertising internet
platform in China.

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No. Product / Activity
Permitted / Do’s Prohibited. / Don’ts
2.3 Information requirements
regarding focus on China
or customer base in China
Permitted and no specific
information requirement, but
subject to the restriction that
the internet platform must be
located offshore.
To set up advertising internet
platform in China.
2.4 Requirements regarding
product/service
information included on
website
Permitted and no specific
information requirement, but
subject to the restriction that
the internet platform must be
located offshore.
To set up advertising internet
platform in China.
2.5 Requirements regarding
listing external contacts on
website
Permitted and no requirements
regarding external contacts, but
subject to the restriction the
internet platform must be
located offshore.
To set up advertising internet
platform in China.
2.6 Requirements regarding
disclaimers
Permitted, with no disclaimer
requirement, but subject to the
restriction that the internet
platform must be located
offshore.
To set up advertising internet
platform in China.
2.7 Other issues Nil. Nil.
3.0 DIRECT MAIL
(ELECTRONIC OR
OTHERWISE) TO NEW/
PROSPECTIVE
CUSTOMERS IN CHINA
3.1 Proactive direct mail
solicitation to new/
prospective customers in
China
To enhance the general market
awareness of GFI by direct mail
in China.
To engage in Permissible
Activities in China.
To engage in marketing and
sales activities in relation to the
Products by direct mail in China,
unless they are limited to
Permissible Activities.

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Other Topics
The following content are also included in the full version of the RM Checklists:
• Cold Calling
• Direct Call
• Product Introduction
• Price Quotes
• Accounts
• Account Opening
• Customer Assessment
• Know Your Client (KYC)
Free Trial / Full Samples
You can receive free trial access to a sample selection of these full RM Checklists by contacting:
Chris Hargraves
Global Business Development
christopher.hargraves@lawincontext.com
Telephone: +41 44 384 1223
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