WORK SAFETY LAW
| Law of the People’s Republic of China on Work Safety | |
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INTERIM MEASURES FOR THE ADMINISTRATION OF THE OPERATIONS OF FOREIGN EXCHANGE PURCHASE AND SALE CONDUCTED BY DESIGNATED FOREIGN EXCHANGE BANKS
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The People’s Bank of China Decree of the People’s Bank of China (PBC) No.4 Interim Measures for the Administration of the Operations of Foreign Exchange Purchase and Sale Conducted by Designated Foreign Exchange Governor of the People’s Bank of China Dai Xianglong November 16, 2002 Interim Measures for the Administration of the Operations of Foreign Exchange Purchase and Sale Conducted by Designated Foreign Exchange Chapter I General Provisions Article 1 In accordance with the Regulations on the Exchange System of the People’s Republic of China (hereinafter referred to as regulations Article 2 The PBC and its branches as well as the State Administration of Foreign Exchange (SAFE) and its branches are the administration agencies Article 3 The definitions of the terms in the Measures are as follows: 1. Designated foreign exchange banks refer to the financial institutions approved by the PBC to undertake the operations of foreign exchange 2. Operations of foreign exchange purchase and sale with clients” refer to the conversions between Renminbi and freely convertible currencies 3. Operations of self-satisfying foreign exchange purchase and sale refer to the conversions between Renminbi and freely convertible 4. Positions of foreign exchange purchase and sale(hereafter referred to as positions) refer to funds prescribed by the SAFE, held by Article 4 For conducting the operations of foreign exchange purchase and sale, the financial institutions shall apply to the PBC and obtain Article 5 When undertaking of the operations of self-satisfying foreign exchange purchase and sale and the operations of foreign exchange purchase Article 6 The designated foreign exchange banks shall abide by the rules on the administration of the positions, sell the surplus positions Article 7 The designated foreign exchange banks shall establish separate accounting items for the operations of foreign exchange purchase and Article 8 The designated foreign exchange banks shall establish a system for keeping the vouchers and bills related to the operations of foreign Article 9 The designated foreign exchange banks shall submit correctly and in a timely fashion to the SAFE the data of foreign exchange purchase Article 10 A system of recording shall apply to the designated foreign exchange banks’ large amount transactions of foreign exchange purchase Article 11 The SAFE shall exercise a system of examination in the form of exams, questionnaires etc. to test the competence of personnel (department Chapter II Market Access and Exit of the Operations of Foreign Exchange Purchase and Sale Article 12 A financial institution satisfying the following conditions may apply for the franchise of the operations of foreign exchange purchase 1. Established upon the approval of the PBC and having obtained the franchise of financial business; 2. Having solid management structure and well defined internal control systems, in eluding: (1) Operating rules on the operations of 3. Professionals having been trained by the SAFE and passed the relevant exams of the SAFE; 4. Having a system for receiving and sending quotations of foreign exchange purchase and sale of foreign exchange; 5. Having the electronic equipment and communication facilitates necessary for real time inquiry of the electronic ledger of the import 6. Where a branch of a financial institution applies for the franchise of the said operations, the authorization from its head office 7. Well managed existing operations of foreign exchange with sound internal control, being able to rectify and redress its previous acts 8. Other conditions as prescribed by the PBC or SAFE. Article 13 When applying for the franchise of the operations of foreign exchange purchase and sale, a financial institution shall present to 1. An Application report for undertaking operations of foreign exchange purchase and sale; 2. A feasibility study report on undertaking the operations of foreign exchange purchase and sale; 3. The name list CVs, and exam-passed certificates issued by the SAFE of the professionals who will take on operations of foreign exchange 4. A brief introduction to electronic and communication facilitates as well as premises necessary for the operations of foreign exchange 5. The rules and internal control system for the operations of foreign exchange purchase and sale; 6. Other documents as required by the PBC or SAFE. In the event that a branch of a financial institution applies for the franchise of the operations of foreign exchange purchase and Article 14 The procedure for the examination and approval of application for undertaking the operations of foreign exchange purchase and sale 1. The applications for launching the operations of foreign exchange purchase and sale by the head offices of policy banks, wholly state-owned 2. Applications for launching the operations of foreign exchange purchase and sale by the branches of the policy banks, wholly state-owned, Article 15 In case the approval of an application for undertaking the operations of foreign exchange purchase and sale is made by the PBC consulting Article 16 The designated foreign exchange banks franchised to handle the operations of foreign exchange purchase and sale, before the official Article 17 In application for terminating the operations of foreign exchange purchase and sale, the designated foreign exchange banks shall present 1. An application report for terminating the operations of foreign exchange purchase and sale (including the reason for termination, 2. The approval document from its board of directors, head office or the superior (the department in charge); 3. Other documents as required by the PBC and SAFE. When examining and approving the applications for terminating the operations of foreign exchange purchase and sale of the designated Chapter III Administration of the Positions Article 18 The designated foreign exchange bank shall apply to SAFE for the prescription of the positions within 30 working days from the date Article 19 The SAFE shall exercise limit control over the positions of the designated foreign exchange banks and check them on a daily basis. Article 20 The jurisdictions of prescribing the positions are as follows: 1. The positions limit for the head offices of the wholly state-owned commercial banks, commercial banks with joint stocks and policy 2. The positions limit for the city commercial banks, rural commercial banks, other Chinese-capital financial institutions, and foreign-capital Article 21 The SAFE offices shall prescribe the positions limit for the designated foreign exchange banks according to the principle of legal The positions of the branches of the designated foreign exchange banks shall be allocated and collectively managed by their head offices Article 22 The basis for the prescription and adjustment of the positions shall be is as follows: 1. The scale of the paid-in capital or the operating funds of the designated foreign exchange bank; 2. The number of the branches and sub-branches; 3. The average of daily net foreign exchange purchase; 4. The maximum amount of daily sale of foreign exchange; 5. The maximum amount of single purchase or sale of foreign exchange; 6. The quality of the submission of the data of daily positions; 7. The national macro-economic conditions, such as the level of foreign exchange reserves and interest rates of the local and foreign 8. Other factors. Article 23 Having been approved by SAFE, a designated foreign exchange bank may employ its Renminbi operating funds to buy foreign exchange through Upon the receipt of the approval of the SAFE office concerned, a designated foreign exchange bank shall purchase foreign exchange Article 24 Where the designated foreign exchange bank needs to adjust the positions limit due to dramatic changes in the volume of its foreign Article 25 After receiving the franchise of designated foreign exchange bank, the head office of a designated foreign exchange bank shall apply Article 26 A designated foreign exchange bank shall manage its positions on a daily basis, keep its positions within the limit prescribed by Longs and shorts of the positions between the designated foreign exchange banks shall be undertaken only through the inter-bank foreign Article 27 The designated foreign exchange bank’s positions for each business day shall be calculated in US dollar. The loss or gain resulted Article 28 Zero-position management shall be adopted by the designated foreign exchange bank whose positions limit has not been prescribed by Article 29 In the event that the designated foreign exchange bank applies for terminating its operations of foreign exchange purchase and sale Chapter IV Administration of the Operations of Self-satisfying Foreign Exchange Purchase and Sale Article 30 Unless otherwise stipulated, after reporting to the SAFE office concerned for record, the designated foreign exchange bank shall sell The net foreign exchange profits of a foreign-funded bank without the license of Renminbi business do not have to be sold. Article 31 The Renminbi net gains of a foreign bank with the license of Renminbi business may be converted into foreign exchange and remitted Article 32 The self-satisfying commodity import of a designated foreign exchange bank shall, according to relevant provisions related to factorage Article 33 The payment to overseas for self-satisfying service by the designated foreign exchange bank may be made either directly from its foreign Article 34 The payment of a designated foreign exchange bank for its self-satisfying transaction under capital and financial account approved In the event that a bank has advanced foreign exchange for its client in the business of foreign exchange loan, international settlement, The shortfall of foreign exchange capital or operating funds of the head office of a designated foreign exchange bank, upon the approval Chapter V Administration of the Operations of Foreign Exchange Purchase and Sale with Clients Article 35 The designated foreign exchange bank shall carry out the operations of foreign exchange purchase, sale, and payment with clients verify Article 36 A designated foreign exchange bank shall, on the basis of the renimibi base rates quoted by the PBC for the current day and the prescribed Article 37 Foreign exchange sale and purchase by a financial institution without the franchise of designated foreign exchange bank shall be handled Article 38 The exchange house conducting the operations of exchange between Renminbi and foreign currencies for individuals shall get the authorization Chapter VI Penalty Provisions Article 39 In violation of the Measures or other relevant provisions related to foreign exchange purchase, sale and payment, the designated foreign In the event that one of the following cases occurs to the designated foreign exchange bank, the PBC shall revoke its franchise of 1. Been taken-over by the PBC due to statutory reasons; 2. Dismissed or been declared to bankrupt according to law; 3. The franchise of the operations of foreign exchange been revoked by the PBC according to law. Article 40 In the event that one of the following cases occurs to the designated foreign exchange bank, SAFE shall suspend or revoke its franchise 1. Handling foreign exchange purchase, sale or payment of foreign exchange for clients without prescribed valid proofs and business bills, 2. Handling foreign exchange purchase, sale or payment for clients without full set of in the prescribed valid proofs and business bills 3. Handling foreign exchange sale of foreign exchange for clients beyond the amount indicated by the valid proofs and business bills 4. Handling self-satisfying foreign exchange purchase and sale that shall be reported to the SAFE office concerned for approval without 5. The amount of purchase/sale of foreign exchange in violation of regulations accounts for more than 10 percent of its sum purchase/sale 6. The quantity of deals of purchase/sale of foreign exchange in violation of regulations accounts for more than 10 percent of its sum 7. Other serious acts violating the regulations on purchase and sale of foreign exchange. Article 41 In the event that a designated foreign exchange bank commits one of the following acts in violation of the regulations governing the 1. fails to clear its long or short positions through the inter-bank foreign exchange market for no less than 5 working days consecutively; 2. fails to clear its long or short positions through the inter-bank foreign exchange market for more than ten times cumulatively within 3. for a consecutive three months, error occurs in the positions statistics for no less than four times per month; 4. Other serious acts violating the regulations governing the positions. Article 42 In the event that a designated foreign exchange bank violates the report system for foreign exchange purchase and sale by failing Article 43 In the event that the designated foreign exchange bank and exchange houses violate the Measures and other regulations governing foreign Chapter VII Supplementary Provisions Article 44 The regulations governing forward foreign exchange purchase and sale and other derivatives involving the exchange between Renminbi Article 45 The Measures shall be interpreted by the PBC. Article 46 The Measures shall enter into force as of December 1, 2002. In case of any conflict with previous rules and regulations, the Measures |
The People’s Bank of China
2002-11-16
INTERPRETATION BY THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING ARTICLE 313 OF THE CRIMINAL LAW
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Interpretation by the Standing Committee of the National People’s Congress Regarding Article 313 of the Criminal Law of the People’s Republic of China |
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| Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress. | |||||||||||
SURVEYING AND MAPPING LAW OF THE PEOPLE’S REPUBLIC OF CHINA
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Standing Committee of the National People’s Congress of the People’s Republic of China Order of the President of the People’s Republic of China No.75 The Surveying and Mapping Law of the People’s Republic of China was amended and adopted at the 29th Meeting of the Standing Committee Jiang Zemin, President of the People’s Republic of China August 29, 2002 Surveying and Mapping Law of the People’s Republic of China ContentsChapter 1 General Provisions Chapter 2 Surveying and Mapping Benchmark and Systems Chapter 3 Basic Surveying and Mapping Chapter 4 Borderline Surveying and Mapping and Other Surveying and Mapping Chapter 5 Qualification and Competency of Surveying and Mapping Chapter 6 Achievement of Surveying and Mapping Chapter 7 Protection of Surveying Markers Chapter 8 Legal Responsibilities Chapter 9 Supplementary Provisions Chapter 1 General Provisions Article 1 This Law is formulated for the purpose of strengthening the administration of surveying and mapping, promoting the development Article 2 All surveying and mapping activities conducted in the domain of People’s Republic of China and other sea areas under the jurisdiction The “surveying and mapping” as used in this Law shall refer to the surveying, collection and presentation of the shape, size, spatial Article 3 The undertaking of surveying and mapping is fundamental to the economic construction, the building-up of national defense and the Article 4 The competent administrative department of surveying and mapping under the State Council shall be in charge of the unified supervision The administrative departments responsible for the management on surveying and mapping work under the local people’s governments The competent department of surveying and mapping in the armed forces shall be responsible for the management of surveying and mapping Article 5 Those conducting surveying and mapping shall make use of the surveying and mapping benchmark and systems prescribed by the State Article 6 The state shall encourage the innovation and advancement in science and technology of surveying and mapping , and the adoption of Entities and individuals that have made significant contributions to the advancement on science and technology of surveying and mapping Article 7 A foreign organization or individual that conducts surveying and mapping in the domain of the People’s Republic of China and other A foreign organization or individual that conducts surveying and mapping in the domain of the People’s Republic of China must take Chapter 2 Surveying and Mapping Benchmark and Systems Article 8 The State shall establish and adopt the nationwide unified geodetic benchmark , vertical benchmark , depth benchmark and gravimetric Article 9 The State shall establish a nationwide unified geodetic coordinates system, plane coordinates system, vertical system, geocentric Under the circumstances that the state security shall not be disturbed, the adoption of international coordinates systems where it Article 10 Where the large cities and major engineering projects of the state do need to establish relatively independent plane coordinates The relatively independent plane coordinate systems established shall be connected with the state coordinate systems. Chapter 3 Basic Surveying and Mapping Article 11 Basic surveying and mapping is a public welfare undertaking. The state shall administer the basic surveying and mapping on a classified The “basic surveying and mapping” as used in this Law shall refer to establishing nationwide unified surveying and mapping benchmark Article 12 The competent administrative department of surveying and mapping under the State Council shall, jointly with other relevant departments The competent administrative departments of surveying and mapping of the local people’s governments at or above the county level shall, Article 13 The competent department of surveying and mapping in the armed forces shall draw up the plans for military surveying and mapping, Article 14 The people’s governments at or above the county level shall put the basic surveying and mapping into their annual plans and financial The competent department of development planning under the State Council shall, jointly with the competent administrative department The competent departments of development planning of the local people’s governments at or above the county level shall, jointly with The state shall give financial support to the basic surveying and mapping of the remote areas and the areas of minor nationalities. Article 15 The results of basic surveying and mapping shall be updated periodically, and those urgently needed in the construction of national The updating period of basic surveying and mapping results shall be determined according to the needs of national economic and social Chapter 4 Borderline Surveying and Mapping and Other Surveying and Mapping Article 16 Surveying and mapping of national boundaries of the People’s Republic of China shall be carried out in accordance with the boundary Article 17 Surveying and mapping of administrative regions boundaries shall be carried out in accordance with the relevant provisions of the Article 18 The competent administrative department of surveying and mapping under the State Council shall, jointly with the competent administrative The competent administrative departments of surveying and mapping of the people’s governments at or above the county level shall, Article 19 Surveying and mapping of the ownership boundary location lines of lands, buildings, structures and other aboveground objects attached Article 20 For the engineering surveying activity of urban construction areas, and the surveying of the house area related to the property right The engineering surveying activity in water conservancy, energy, traffic, communication, resource development and other areas shall Article 21 Establishment of geographic information systems must make use of the basic geographic information data that meet the state standards Chapter 5 Qualification and Competency for Surveying and Mapping Article 22 The state shall adopt the system of administration of surveying and mapping qualification to the entities conducting surveying and Entities conducting surveying and mapping shall possess the following conditions, and shall obtain the certificates of surveying and (1) Having the professional technical personnel compatible with the conduction of surveying and mapping; (2) Having the technical equipment and facilities compatible with the conduction of surveying and mapping; (3) Having a sound technique, quality guarantee system and the management system for surveying and mapping results and the materials (4) Having other conditions ruled by the competent administrative department of surveying and mapping; under the State Council. Article 23 The competent administrative department of surveying and mapping under the State Council and the competent administrative departments The competent department of surveying and mapping in the armed forces shall be responsible for the examination of the qualification Article 24 A surveying and mapping entity may not conduct surveying and mapping beyond the scope of its qualification grade or conduct surveying In the contracting of a surveying and mapping project, the contract-issuing entity may not give the contract to an entity without The surveying and mapping entity may not sub-contract the surveying and mapping project it contracted. Article 25 The professional technical personnel conducting surveying and mapping shall have the corresponding condition of practice qualification, Article 26 Surveying and mapping personnel shall conduct surveying and mapping work with surveying and mapping work certificates. No entity or individual may impede or obstruct the surveying and mapping conducted by surveying and mapping personnel in accordance Article 27 The format of the certificate of qualification of surveying and mapping entity, the practice certificate of professional surveying Chapter 6 Achievement of Surveying and Mapping Article 28 The state shall adopt the system of collection and submission of surveying and mapping achievement. After a surveying and mapping project is finished, the sponsor of the project or the entity undertaking the project with state investment The competent administrative department of surveying and mapping under the State Council or the competent administrative departments Article 29 The depository units of surveying and mapping achievement shall take measures to ensure the completeness and safety of the surveying Where the surveying and mapping achievements belong to state secrets, the provisions of the laws and regulations of the state on Article 30 With respect to the surveying and mapping projects financed by the finance fund and the construction engineering surveying and mapping Article 31 The achievements of basic surveying and mapping and other surveying and mapping achievements achieved by state investment that Except those prescribed in the preceding paragraph , the system of compensated use shall be applied according to law.,; but such The State Council shall formulate the specific measures for the use of surveying and mapping achievement. Article 32 The significant geographic information and data concerning the positions, elevations, depths, areas and lengths in the domain of Article 33 The people’s governments at all levels shall strengthen the administration of the compiling, printing, publication, and publishing The people’s governments at all levels shall strengthen the propaganda and education on consciousness of the state territory, and Article 34 Surveying and mapping entities shall be responsible for the quality of the surveying and mapping achievements finished by them. The Chapter 7 Protection of Surveying Markers Article 35 No entity or individual may damage, destroy, or remove without authorization the permanent surveying markers as well as the temporary The permanent surveying markers as used in this Law refer to the wooden or steel target mark and stone markers for triangulation Article 36 An entity that establishes permanent surveying markers shall set up distinct signs for such markers, and shall entrust an appropriate Article 37 A construction entity shall, when carrying out engineering construction, seek to avoid permanent surveying markers; if it is absolutely Article 38 The personnel of surveying and mapping that make use of permanent surveying markers shall have their surveying and mapping work The personnel taking care of the surveying markers shall inspect and examine the perfection situation of the markers after employment. Article 39 The people’s governments at or above the county level shall take effective measures to strengthen the protection of surveying markers. The competent administrative departments of surveying and mapping of the people’s governments at or above the county level shall The people’s governments at the township level shall responsible for the protection of surveying markers within their respective Chapter 8 Legal Responsibilities Article 40 Whoever, in violation of this Law, commits any of the following acts shall be given a warning and be ordered to correct the act, and (1) Establishing relatively independent plane coordinates systems without approval; (2) Employing the basic geographic information data that don’t meet the state standards in the establishment of geographic information Article 41 Whoever, in violation of this Law, commits any of the following acts shall be given a warning and be ordered to correct the act, and (1) Employing international coordinates systems in surveying and mapping without approval; (2) Releasing important geographic information data of the domain of the People’s Republic of China and other sea areas under the jurisdiction Article 42 Whoever, in violation of this Law, conducts surveying and mapping activity without the certificate of qualification for surveying For those obtaining the certificate of qualification for surveying and mapping by deceitful means to conduct surveying and mapping Article 43 Any surveying and mapping entity that, in violation of this Law, commits any of the following acts shall be ordered to stop the illegal (1) Conducting surveying and mapping activity beyond the permitted scope the qualification grade; (2) Conducting surveying and mapping activity in the name of other surveying and mapping entities; (3) Allowing other entities to conduct surveying and mapping activities in its name. Article 44 If a contract-issuing entity, in violation of this Law, contracts the surveying and mapping project to a surveying and mapping entity Article 45 Any surveying and mapping entity that, in violation of this Law, sub-contracts the surveying and mapping project shall be ordered Article 46 Whoever, in violation of this Law, conducts surveying and mapping activity without the practice qualification for surveying and mapping Article 47 Whoever, in violation of this La CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE (SAFE) ON FOREIGN EXCHANGE ADMINISTRATION RELATED TO TRADE BY CHARTERED PLANE
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MEASURES FOR THE ADMINISTRATION OF DISCLOSURE OF SHAREHOLDER EQUITY CHANGES OF LISTED COMPANIES
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e03125,e00241,e002832002092820021201China Securities Regulatory CommissionOrder of China Securities Regulatory CommissionNo.11The Measures for the Administration of Disclosure of Shareholder Equity Changes of Listed Companies are hereby promulgated and shall enter into force on December 1, 2002.President of China Securities Regulatory Commission Zhou XiaochuanSeptember 28, 2002epdf/e03124.pdfIlisted company, shareholder, equity changes, disclosuree03124Measures for the Administration of Disclosure of Shareholder Equity Changes of Listed CompaniesChapter I General RulesArticle 1 In order to regulate the disclosure of shareholder equity changes of listed companies, to supervise those obliged to disclose the shareholder equity changes of listed companies to perform their obligations pursuant to the provisions, to protect the legal rights and interests of the investors and to maintain the normal order of the securities market, these Measures are formulated in accordance with the Company Law, the Securities Law and other laws and relevant administrative regulations.Article 2 The shareholder equity changes of listed companies (hereinafter referred to as equity changes) as mentioned in the present Measures shall refer to the situation where the number of shares held by an investor is changed or may be changed through share assignment in stock exchanges; or the situation where though the number of shares of a listed company held by an investor remains unchanged, the number of shares controlled by that investor is changed or may be changed through other legal means than share assignment in stock exchanges.Article 3 Those obliged to disclose equity changes shall, pursuant to the present Measures, strictly perform their obligations of information disclosure, and the information disclosed by them shall be authentic, accurate, complete, and without false records, misleading statements or major omissions.The disclosure obligors and other insiders may not, before the relevant equity changes are disclosed according to the law, disclose relevant information by any means.Article 4 Nobody shall take advantage of equity changes to damage the legal rights and interests of a listed company and its shareholders.Nobody may take advantage of equity changes to conduct inside trading, market manipulation and other frauds.Article 5 China Securities Regulatory Commission (hereinafter referred to as CSRC) shall supervise and regulate the disclosure of equity changes according to the law.Stock exchanges and securities registration and settlement institutions shall, in accordance with the duties endowed by CSRS and their professional rules, exercise daily supervision and regulation over the disclosure of equity changes.Chapter II Obligors of Equity Change DisclosureArticle 6 The obligors of equity change disclosure (hereinafter referred to as disclosure obligors) shall refer to the shareholder, share controller and group as a person that is, pursuant to the present Measures, obliged to disclose the information when the number of shares of a listed company held or controlled by it is changed or may be changed and the change has reached the prescribed ratio.Article 7 A shareholder shall refer to a natural person, legal person or other organization that is registered in the shareholder register of a listed company.Article 8 A share controller shall refer to a natural person, legal person or other organization that, without registering the shares under its name, controls the shares of a listed company held by others by legal means, such as equity control relationship, agreement, or other arrangement etc, other than share assignment in the stock exchanges.Article 9 A group as a person shall refer to 2 or more natural persons, legal persons or other organizations that make the same declaration of will when exercising their voting power of the listed company to expand the ratio of shares of that listed company controlled by them or to strengthen their control over the listed company by legal means such as agreement, cooperation, association relationship, etc.Making the same declaration of will as mentioned in the preceding paragraph shall include joint proposal, joint nomination of directors, entrustment to each other of the exercise of voting power without vote intent indicated etc; however, the open invitation of vote agency shall be excluded.Article 10 A group as a person shall, from the date on which the group relation is formed, apply for temporary keeping of all the stocks of that company respectively held or controlled by them with the securities registration and settlement institution, the duration of the temporary keeping shall be not less than 6 months.Article 11 A disclosure obligor shall combine in calculation of the shares of a listed company held or controlled by it.A disclosure obligor that holds or controls the convertible bonds issued by a listed company shall, during the conversion, combine in calculation of the part that it has the right to convert with the shares of the same listed company held or controlled by it.Chapter III Report and Public Announcement on Equity ChangesArticle 12 A disclosure obligor shall, in performance of the disclosure obligation pursuant to the present Measures, submit the report on equity changes of the listed company to the stock exchange (hereinafter referred to as the report on equity changes).The obligor mentioned in the preceding paragraph shall, when submitting the report on equity changes, send the report also to CSRC and send a copy to the branch of CSRC of the place where the listed company is located, notify the listed company and make a public announcement.The contents and format of the report on equity changes shall be separately worked out by CSRC.Article 13 Where the are several disclosure obligors, one of them may be responsible for the unified formulation of the report on equity changes as agreed upon in written by the obligors, but each obligor shall sign and seal in the report.Each disclosure obligor shall be liable for the information involving it in the report on equity changes; with respect to the information related to several disclosure obligors involved in the report, each obligor shall bear joint and several liabilities for the relevant part.Article 14 A report on equity changes shall include the following matters:1)Names and domiciles of the disclosure obligors;2)Name of the listed company;3)Changes of the shares held or controlled by the disclosure obligors;4)Types of equity changes;5)Trading of shares of that listed company conducted by the disclosure obligors in the previous 6 months;6)Other matters need to be indicated as required by CSRC and the stock exchange.Article 15 If an investor starts to hold or control more than 5% of the shares issued by a listed company, it shall, pursuant to the present Measures, perform the disclosure obligation and submit the report on equity changes within 3 work days after the date when the changes take place.That investor may not trade the shares of that listed company any more within the aforesaid period.Article 16 If an investor foresees to hold or control 5% of the shares issued by a listed company, it shall perform the disclosure obligation and submit the report pursuant to the present Measures.If no public announcement is made, that investor may no longer trade the shares of that listed company.Article 17 A disclosure obligor that holds or controls more than 5% of the shares issued by a listed company shall, each time when the equity is changed by more than 5%, submit the report on equity changes within 3 work days after the date when the changes take place.From the date of occurrence of report obligation to the second work day following the public announcement, the disclosure obligor may not trade the stocks of that listed company any more.Article 18 A disclosure obligor that holds or controls more than 5% of the shares issued by a listed company shall submit the report on equity changes if he foresees an equity change of more than 5% of the shares issued by that listed company.From the date of occurrence of report obligation to the second work day following the public announcement, the disclosure obligor may not trade the stocks of that listed company any more.Article 19 If the equity change of a disclosure obligor does not exceed 5%, but the shares held or controlled by the obligor become less than 5% of the shares issued by that company, the obligor shall make a public announcement within 3 work days after the date of occurrence of that fact, but is not required to submit the report on equity changes.Article 20 If the equity change results in the acquirement or possible acquirement of the actual control power of the listed company by a purchaser, the purchaser shall, pursuant to the Measures for the Administration of Acquisition of Listed Companies, submit the report on acquisition of the listed company to CSRC, and to the branch of CSRC of the place where the listed company is located, and send a copy of the report to the stock exchange, notify that listed company and make a public announcement.Article 21 If the share assignment through agreement results in any of the situations of equity change prescribed in Articles 16 and 18 of the present Measures, the disclosure obligor shall, within 3 work days after the date of signing of the agreement on share assignment, perform the relevant obligations pursuant to Articles 16 and 18 of the present Measures.Article 22 If the administrative allocation results in any of the situations of equity change prescribed in Articles 16 and 18 of the present Measures, the disclosure obligor shall, within 3 work days after the date of receiving the notification of approval for the allocation by the department directly in charge of the state-owned equity, perform the relevant obligations pursuant to Articles 16 and 18 of the present Measures.Article 23 If the ruling of a people’s court results in any of the situations of equity change prescribed in Articles 16 and 18 of the present Measures, the applicant for enforcement shall, within 3 work days after the date of confirmation of its application for share assignment by the stock exchange, perform the relevant obligations pursuant to Articles 16 and18 of the present Measures.Article 24 If the change of share controllers by other legal means than share assignment in the stock exchange results in any of the situations of equity change prescribed in Articles 16 and 18 of the present Measures, the disclosure obligor shall, within 3 work days after the date of occurrence of the equity change, perform the relevant obligations pursuant to Articles 16 and18 of the present Measures.Article 25 If a disclosure obligor needs to submit the report on equity changes for a second time because of a new equity change, it may make the report or public announcement only on the part that is different from that of the previous report.Article 26 If the reduction of equity capital by a listed company results in any of situations of equity change of the disclosure obligor prescribed in Articles 15, 16, 17 and18 of the present Measures, the disclosure obligor is not requested to submit the report on equity changes.In case of a reduction of the equity capital, a listed company shall, within 2 work days after the date when the changes are registered, make a public announcement on the equity changes resulted therefrom.Article 27 If the shareholder is an institution undertaking securities registration or trusteeship pursuant to the law and it holds the shares as a result of the aforesaid operations, it is not required to submit the report on equity changes.Article 28 For the assignment of shares held by an institution authorized by the State, or the assignment of shares that is subject to administrative examination and approval, the parties concerned shall make a public announcement on the relevant decisions within 3 work days after the date of receiving the approval for the assignment by the relevant department in charge.Article 29 A disclosure obligor shall, within 2 work days after the date of registration of transfer of ownership over the shares, make a public announcement on the transfer of ownership.If a disclosure obligor fails to finish the formalities for transfer of ownership of shares within 30 days after the public announcement of equity changes, it shall make another public announcement immediately and explain the reasons; a public announcement shall be made every 30 days before the transfer of ownership is finished.Article 30 If a disclosure obligor that has made a public announcement on the report of equity changes is involved in any of the following situations, it shall make a public announcement on that situation within 2 work days after the date of occurrence, but it is not required to stop trading the stocks of that listed company or to submit a new report on equity changes:1)In concentrated competitive trading in the stock exchange, each time the shares of the listed company held by the obligor is increased or reduced by 1%;2)Any member of the group as a person is changed;3)Other situations provided for by CSRC and the stock exchange.Article 31 A listed company shall verify the equity changes with the securities registration and settlement institution regularly, and shall report to the stock exchange in time.Article 32 If any relevant information is spread in the media or trading of the shares of the company becomes abnormal before the relevant information about the equity changes is disclosed pursuant to the law, the board of directors of the listed company shall check with the relevant shareholders immediately, which shall reply in written form in a timely manner, and the company shall make a public announcement in a timely manner.Article 33 A disclosure obligor shall disclose the information related to equity changes on at least one media designate by CSRC; the contents of disclosure in other media shall be consistent with those on the designated media, and the time of disclosure shall be not earlier than that on the designated media.Chapter IV Regulatory Measures and Legal LiabilitiesArticle 34 If a disclosure obligor fails to perform the relevant obligations pursuant to the present Measures, it shall make voluntary corrections; for its failure to correct, the stock exchange shall deal with it pursuant to its professional rules, and the securities registration and settlement institution shall suspend processing the formalities for transfer of share ownership for it pursuant to its professional rules; if the obligor refuses to correct, CSRC shall order it to correct. In case of any violation of the securities laws and regulations, the legal liabilities shall be investigated pursuant to the law.Article 35 If the information disclosed by the disclosure obligor contains false records, misleading statements or major omissions, it shall make voluntary corrections; for its failure to correct, the stock exchange shall deal with it pursuant to its professional rules, and the securities registration and settlement institution shall suspend processing the formalities for transfer of share ownership for it pursuant to its professional rules; if the obligor refuses to correct, CSRC shall order it to correct. In case of any violation of the securities laws and regulations, the legal liabilities shall be investigated pursuant to the law.Article 36 If a disclosure obligor fails to disclose information pursuant to the provisions, and is suspected of inside trading, market manipulation or other frauds, CSRC shall investigate the case and punish the offender pursuant to the law.During the investigation of the disclosure obligor for the acts prescribed in the preceding paragraph, the disclosure obligor may not nominate any director, supervisor or senior officer to the relevant listed company.Chapter V MiscellaneousArticle 37 The “association relationship” referred to in the present Measures has the same meaning as that of the “association relationship” used in the Accounting Rules for Business Enterprises — Disclosure of Association Relationship and of Trading between Associated Parties.Article 38 The present Measures shall enter into force on December 1, 2002. |
China Securities Regulatory Commission
2002-09-28
CIRCULAR OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION AND CHINA EXPORT CREDIT INSURANCE CORPORATION ON ISSUES CONCERNING FURTHER PROMOTING EXPORT CREDIT INSURANCE
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The Ministry of Foreign Trade and Economic Cooperation, the China Export Credit Insurance Corporation Circular of the Ministry of Foreign Trade and Economic Cooperation and China Export Credit Insurance Corporation on Issues Concerning WaiJingMaoJiCaiHan [2002] No.521 October 29, 2002 The departments (commissions, bureaus) of foreign trade and economic cooperation of all provinces, autonomous regions, municipalities As a general international practice, export credit insurance is a policy measure adopted by the countries to promote their product Since its foundation at the end of 2001, China Export Credit Insurance Corporation has actively built its enterprise structures, set I. Establishing a steady and expedite contact mechanism. The departments of foreign trade and economic cooperation at various levels, the chambers of commerce of importers and exporters and II. Publicizing and spreading export credit insurance in an all-around and thorough way. The departments of foreign trade and economic cooperation at various levels, and the branches of China Export Credit Insurance Corporation III. Summing up the experiences in export credit insurance work, and promoting the development of export credit insurance. The localities shall carry out a thorough investigation and research in light of the situations of their respective regions, find The entities shall earnestly implement the spirit of this Notice, if any problem is encountered in the implementation, please report This is hereby the notification. Attachment:Contact Form of Business Management Departments of China Export Credit Insurance Corporationhtm/e03105.htm
CONSTITUTION ACT, 1982 – page 22
NOTES
(1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...
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