the People’s Bank of China Announcement of the People’s Bank of China No. 9 With a view to promoting the development of bond market in China, regulating the forward transactions of bonds, preventing market The People’s Bank of China May 11, 2005 Provisions for the Administration of Forward Transactions of Bonds in the National Inter-bank Bond Market Article 1 With a view to regulating the forward transactions of bonds, protecting the legitimate rights and interests of the market participants Article 2 The “forward transaction of bonds” as mentioned in the present Provisions refers to the act that both parties of a transaction agree, Article 3 The subject matter bonds for forward transactions shall be the central government bonds, central bank bonds, financial bonds and other Article 4 The forward transactions shall follow the principles of openness, impartiality and fairness. Article 5 The market participants of forward transactions shall be institution investors in the National Inter-bank Bond Market. Article 6 When undertaking forward transactions, a market participant shall establish a sound internal management system and a risk prevention The market participant shall, before carrying out the business of forward transactions, submit its internal management measures for Article 7 When undertaking forward transactions, the market participants shall enter into primary agreements on the forward transactions. Article 8 The market participants shall undertake forward transactions through the transaction system of the NIFC, and shall conclude a written The primary forward transaction agreement, the certificate of transaction generated by the transaction system of NIFC and the supplementary Article 9 The lawfully concluded forward transaction contract shall have legal binding force on both parties to the transaction. Neither of Article 10 Both parties to a forward transaction may, through negotiation on the basis of their respective credit standing, establish a mechanism Article 11 The time limit for the forward transaction from the trade day to the settlement day (including the trade day, excluding the settlement Article 12 The forward transactions shall be carried out at a clean price and settled at a full price. Article 13 Both parties to a forward transaction shall, on the trading day or its next working day, send the settlement instructions and supporting Article 14 When a forward transaction is mature, the settlement of fund and bonds shall be made actually. Article 15 The total balance of the selling and purchase of a single bond during a forward transaction by any market participant (a single fund, Article 16 The total balance of purchase of a single bond in a forward transaction by a market participant shall not exceed 100 % of the net Article 17 No market participant may manipulate the prices of forward transactions of subject matter bonds by any means, or manipulate the prices Article 18 The NIFC and the CGSDTC Co. Ltd shall, in light of the requirements and authorization of the People’s Bank of China, timely uncover Article 19 The NIFC shall be responsible for the routine supervision and control on forward transactions. The CGSDTC Co. Ltd shall be responsible Article 20 In accordance with the present Provisions, the NIFC shall formulate forward transaction rules, and the CGSDTC Co. Ltd shall formulate Article 21 All branches of the People’s Bank of China shall reinforce its communication with the NIFC or the CGSDTC Co. Ltd, and shall conduct Article 22 When conducting forward transactions, the market participants shall, besides the present Provisions, abide by other relevant provisions Article 23 Where a contract on a forward transaction is breached, and there is any dispute over the fact of breach of contract or over the liabilities Article 24 If a market participant or the NIFC or the CGSDTC Co. Ltd violates any of the present Provisions, it shall be punished by the People’s Article 25 The People’s Bank of China may, pursuant to the development of forward transactions, make timely revision to Articles 11, 14, 15 and Article 26 The power to interpret the present Provisions shall remain with the People’s Bank of China. Article 27 The present Provisions shall come into force as of June 15, 2005. |
the People’s Bank of China
2005-05-11