STEVEDORING LEVY (COLLECTION) AMENDMENT REGULATIONS 2007 (NO. 1) (SLI NO 16 OF 2007) – REG 2
Commencement
These Regulations commence on the day after they are registered.
Commencement
These Regulations commence on the day after they are registered.
Order of China Securities Regulatory Commission
No. 29 The Administrative Measures for the Securities Registration and Settlement are hereby promulgated and shall enter into effect as of Chairman of China Securities Regulatory Commission, Shang Fulin April 7, 2006 Administrative Measures for the Securities Registration and Settlement Article 1 In order to regulate the securities registration and settlement activities, protect the lawful rights and interests of investors, Article 2 These Measures shall be applied to the registration and settlement of stocks, bonds, shares of securities investment funds, as well The registration and settlement business about the non-listed securities shall be carried out with reference to these Measures. If there are separate provisions in the laws, administrative regulations or of China Securities Regulatory Commission (hereinafter Article 3 The principles of openness, fairness, equity, safety and efficiency shall be followed in the securities registration and settlement Article 4 Securities registration and settlement institutions are non-profitable legal persons that provide centralized registration, depository The securities registration and settlement business shall be governed by the method of nationally centralized and unified operations, The securities registration and settlement institutions shall carry out the industrial self-discipline management. Article 5 The securities registration and settlement activities shall be subject to the laws, administrative regulations, the provisions of Article 6 The CSRC shall supervise and administer the securities registration and settlement institutions as well as securities registration Chapter II Securities Registration and Settlement Institutions Article 7 The establishment and dissolution of securities registration and settlement institutions shall be subject to the approval of the Article 8 A securities registration and settlement institution shall perform the functions as follows: (1) The establishment and management of securities accounts and settlement accounts; (2) The depository and transfer of securities; (3) The registration of the roster of securities holders as well as the registration of their rights and interests; (4) The liquidation and delivery of securities and capital as well as the relevant management; (5) The distribution of securities rights and interests upon the strength of the entrustment of issuers; (6) Providing the inquiry, information, consultancy and training services relating to the securities registration and settlement business (7) Other businesses as approved by the CSRC. Article 9 A securities registration and settlement institution shall not carry out any of the activities as follows: (1) The investments that are irrelevant to the securities registration and settlement business; (2) Purchasing non-self-use real estate; (3) Purchasing or selling securities not under Article 65 or 66 of these Measures; or (4) Other activities as prohibited by the laws, administrative regulations or the CSRC. Article 10 The following matters of securities registration and settlement institutions shall be reported to the CSRC for approval: (1) The formulation or revision of Articles of association or business operational rules; (2) The important international cooperation and communication activities or the important affairs related to Hong Kong, Macao or Taiwan; (3) The formulation or adjustment of main charging items or rates related to the securities registration and settlement; (4) The appointment or removal of the chairman or deputy chairman of the board of directors, the general manager or deputy general manager; (5) Other matters that shall be reported to the CSRC for approval. The “business operational rules” as mentioned in the Item (1) of the preceding Paragraph means the rules about the securities registration Article 11 The following matters and documents of securities registration and settlement institutions shall be reported to the CSRC: (1) The detailed rules for the business operations; (2) The formulation or alteration of the business management rules, the business resumption plans and the emergency handling procedures; (3) The handling of the registration and settlement business related to new securities varieties or the alteration of the modes for registration (4) The acquisition or deprivation of the qualifications of settlement participants or settlement banks; (5) The discovery of significant business operational risks or technical risks, significant illegal or irregular acts, or the involvement (6) The appointment or removal of the general manager of any subsidiary, the assistant of the general manager of the company, or the person-in-charge (7) Annual work reports on the relevant business operations or the conditions on the implementation of the relevant state provisions; (8) Annual financial reports audited by an accountant firm, schemes on financial budgets and final accounts, projects with large expenses, (9) The main business cooperation agreements reached with stock exchanges, and the sample formats of various business agreements reached (10) Other matters and documents that the CSRC requires reporting. Article 12 A securities registration and settlement institution shall properly keep the original vouchers as well as the relevant documents Article 13 A securities registration and settlement institution shall manage the data and materials exclusively, which formulates for the securities Article 14 A securities registration and settlement institution and its staff members shall keep confidential the data and materials related A securities registration and settlement institution shall refuse the inquiry of the data and materials related to the securities (1) The securities holder inquires about his or its’ own securities materials; (2) The securities issuer inquires about the roster of securities holders and the relevant materials; (3) The stock exchange requires the securities registration and settlement institution to provide the relevant data and materials in order (4) The people’s court, the people’s procuratorate, the public security organ or the CSRC inquires or obtains evidences in the light of A securities registration and settlement institution shall take effective measures to facilitate the securities holders’ inquiry about Article 15 A securities registration and settlement institution shall make public its business operational rules, and the main charging items If a securities registration and settlement institution formulates or revises its business operational rules, adjusts the main charging Article 16 The staff members of securities registration and settlement institutions shall be dedicated to their posts, deal with affairs according If a securities registration and settlement institution violates the Securities Law or these Measures, the CSRC shall give it an administrative Chapter III Management of Securities Accounts Article 17 An investor shall hold the securities through his securities accounts, and the securities accounts shall be used for recording the Article 18 The securities shall be recorded in the securities accounts of the securities holders themselves, however, if any of the laws, administrative In order to perform their duties according to law, a securities registration and settlement institution may require a nominal holder Article 19 An investor shall submit an application to a securities registration and settlement institution to open a securities account. Applying for opening a securities account, an investor shall ensure that the materials he/it submits for opening the account are true, Article 20 A securities registration and settlement institution may directly open securities accounts for investors, or may entrust securities A securities registration and settlement institution shall follow the principles of facilitating investors and optimizing the allocation Article 21 Where a securities company opens a securities account on commission, it shall apply to a securities registration and settlement institution When opening securities accounts on commission, a securities company shall examine the authenticity, accuracy and integrity of the Article 22 The investor may not provide his/its securities account to any other person to use. Article 23 According to the business operational rules, a securities registration and settlement institution shall supervise over the opening Article 24 A securities company shall keep informed of the materials and the credit status of its clients, and supervise over the use of securities Article 25 If an investor commits the illegal act during the period of opening or using a securities account, the securities registration and Chapter IV Securities Registration Article 26 An issuer of listed securities shall entrust a securities registration and settlement institution to deal with the registration of A securities registration and settlement institution shall reach a securities registration and service agreement with the securities A securities registration and settlement institution shall formulate and publish the model texts of securities registration and service A securities registration and settlement institution may deal with the registration of listed governmental bonds according to the Article 27 In accordance with the records of securities accounts, a securities registration and settlement institution shall confirm the facts Article 28 After the public issuance of securities, a securities issuer shall submit the roster of securities issuers that have issued the securities A securities issuer shall guarantee the legality, truthfulness, accuracy and integrity of the materials it submits. A securities registration Article 29 Where the securities are listed and traded in a stock exchange, the securities registration and settlement institution shall deal If the securities are transferred by way of agreement-based transfer, inheritance, compulsory enforcement or administrative appropriation, If the securities are mortgaged, locked or frozen and thus the rights of the owner thereof are limited, the securities registration Article 30 A securities registration and settlement institution shall guarantee the truthfulness, accuracy and integrity of the roster of securities Article 31 In the light of its business operational rules and the agreements, a securities registration and settlement institution shall regularly Article 32 If a securities issuer applies for providing the distribution of rights and interests and other agency services, it shall submit If a securities issuer fails to perform the aforesaid obligation in time, the securities registration and settlement institution has Article 33 If a securities issuer or its liquidation group terminates the securities registration or other relevant service agreement, the securities Chapter V Custody and Depository of Securities Article 34 An investor shall entrust a securities company with the custody of its securities, and the securities company shall keep its own Article 35 A securities registration and settlement institution shall set up general ledgers for the securities of the securities companies’ A securities company shall entrust a securities registration and settlement institution to maintain for its clients’ securities account Article 36 When buying or selling securities, an investor shall conclude a securities trading, trusteeship and settlement agreement with a securities A securities registration and settlement institution shall formulate and publish the necessary Articles of the securities registration (1) The securities company shall submit an application for the trading of securities upon the strength of the entrustment of its client (2) If a pledge-type repurchase transaction is implemented, the investor and the securities company shall submit the pledged coupons for (3) The securities company may entrust the securities registration and settlement institution to transfer the net bought-in securities Article 37 A securities company shall report the matters concerning the establishment, alteration and termination of securities custody relationships The aforesaid matters shall be recorded down by the securities registration and settlement institution. Article 38 If a client requires the securities company to transfer its/his securities to an other securities company for custody, the relevant Article 39 A securities company shall take effective measures to ensure the safety of the securities under custody, and shall not misappropriate A securities registration and clearing institution shall take effective measures to ensure the safety of the securities it keeps, Article 40 The pledge, lock-up, freeze or deduction of securities shall be managed by the securities company, which entrusts the custody of Chapter VI Liquidation and Delivery of Securities and Capital Article 41 To participate in the centralized liquidation and delivery of securities and capital, a securities company shall apply to the securities If the securities company has not obtained the qualification of a settlement participant, it shall conclude an entrusted settlement The model texts of the settlement agreement and the entrusted settlement agreement shall be formulated and published by the securities Article 42 A securities registration and settlement institution shall choose a qualified commercial bank as the settlement bank for dealing The conditions for settlement banks shall be prescribed by the securities registration and settlement institution. Article 43 The settlement of securities and capital shall be governed by the principle of graded settlement. The securities registration and Article 44 A securities registration and clearing institution shall establish an account of centralized securities delivery and an account of In accordance with the rules as set down by the securities registration and settlement institution, a settlement participant shall Article 45 If a securities registration and settlement institution adopts the method of multi-lateral netting settlement, it shall act as a Article 46 The settlement agreement concluded by a securities registration and settlement institution and the settlement participant in the (1) As to a securities exchange contract for which the settlement participant takes charge of settlement, the right of both settlement (2) The securities registration and settlement institution shall enjoy the right and perform the obligation of both settlement participants Article 47 When a securities registration and settlement institution implements multi-lateral netting liquidation, it shall compute the net If a securities registration and settlement institution adopts the other settlement method, it shall implement the liquidation in Article 48 Before conducting a centralized delivery, a settlement participant shall collect the securities and capital payable from its clients, The securities transfer between a settlement participant and its clients shall be dealt with by a securities registration and settlement Article 49 In the period of a centralized delivery, a securities registration and settlement institution shall collect the capital and securities If a settlement participant has not sufficiently performed the obligation of securities or capital delivery, it cannot obtain the With respect to a settlement participant which engages in the self-management business and the brokerage business or asset management Article 50 A settlement participant shall deliver the securities and capital receivable to its clients after conducting a centralized delivery. The securities transfer between a settlement participant and its clients shall be dealt with by a securities registration and settlement Article 51 A securities registration and settlement institution shall, in the settlement business operational rules, separately prescribe the A settlement participant shall accomplish the work of delivering the securities and capital within the prescribed time limit for delivery. Article 52 Where the liquidation results are wrong because of the securities registration and settlement institution, the settlement participant Chapter VII Risk Prevention and Handling of Delivery Default Section I Risk Prevention and Control Measures Article 53 A securities registration and settlement institution shall take the measures as follows so as to strengthen the risk prevention and (1) Constituting perfect risk prevention rules and internal control rules; (2) Establishing a perfect technical system, and formulating technical standards and criteria that shall be observed by all settlement (3) Establishing perfect entrance standards and risk evaluation system for the settlement participants and the settlement banks; and (4) Making backups for the settlement data and the technical system, and formulating business-related emergency dealing with procedures
GUIDING OPINIONS OF THE PEOPLE’S BANK OF CHINA AND THE MINISTRY OF INFORMATION INDUSTRY ON THE POOLING OF ENTERPRISE AND INDIVIDUAL CREDIT INFORMATION AS SHARED BY THE COMMERCIAL BANKS AND TELECOMMUNICATIONS ENTERPRISES
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Ministry of Commerce Announcement No. 18, 2006 of Ministry of Commerce, on Final Judicial Review Arbitration on Anti-dumping Measures on Cold Rolled Stainless [2006] No. 18 Ministry of Commerce issued Announcement No.15, 2005 to start a final judicial review investigation on the anti-dumping measures on The judicial review investigation covers products under the anti-dumping measures, namely Cold Rolled Stainless Steel Sheet in Japan In accordance with Article 48 and Article 50 of Anti-dumping Regulations of People’s Republic of China and the result of the investigation, Ministry of Commerce decided that if the anti-dumping measures are terminated, dumping of imported Cold Rolled Stainless Steel Sheet In accordance with Article 50 of Anti-dumping Regulations of People’s Republic of China and the suggestion raised by Ministry of The investigated product is listed under No. 72193100, 72193200, 72193300, 72l93400, 72193500, 72199000, 72202010 and 72202090 in Companies in Japan: Nippon Steel & Sumikin Stainless Steel Corporation24% NIPPON METAL INDUSTRY CO.,LTD.26% NISSHIN STEEL CO.,LTD.17% NIPPON YAKIN KOGYO CO.,LTD.27% NIPPON KINZOKU CO.,LTD.58% TAKASAGO TEKKO K.K.58% NAS STAINLESS STEEL STRIP MFG CO.,LTD. 58% JFE Steel Corporation shall still follow the related regulations in the former price protocol as from April 8, 2006 All others 58% Companies in ROK POSCO, INI STEEL Company, BNG STEEL COMPANY, Taihan Electronic Wire Co., Ltd., DAIYANG METAL COLTD., and SAMWON PRECISION METALS All others57% Disagreement with the final arbitration or the levy of the anti-dumping duties, could apply for an administrative reconsideration Appendix: Final Judicial Review Arbitration of Ministry of Commerce on Anti-dumping Measures on Imported Cold Rolled Stainless Steel Ministry of Commerce April 8, 2006 |
Ministry of Commerce
2006-04-08
Circular of the Ministry of Finance and the State Administration of Taxation concerning Adjusting the Expenditure Deduction Standards Cai Shui [2006] No. 44 The public finance departments (bureaus) and bureaus of local taxation of all provinces, autonomous regions, municipalities directly According to the provisions of the current Individual Income Tax Law, the Regulations for its implementation and other relevant policies, I. When individual income taxes are calculated and collected on the production and management incomes of individual business owners II. Paragraph 1 of Article 13 of the “Circular of the State Administration of Taxation on Printing and Distributing the Measures for III. Item (1) of Article 6 of Attachment 1 of the “Circular of the Ministry of Finance and the State Administration of Taxation on Printing The present Circular shall go into effect as of January 1, 2006. The Ministry of Finance The State Administration of Taxation April 10, 2006 |
Ministry of Finance, State Administration of Taxation
2006-04-10
State Administration of Taxation Letter of the International Taxation Department of SAT on Relative Issues Pertinent to the Auditing Tools for the Data on the Settlement Ji Bian Han [2006] No.43 April 10, 2006 The administrations of state taxes of all the provinces, autonomous regions, municipalities directly under the Central Government, In order to enhance the quality of settlement and payment data of income taxes of foreign-funded enterprises and foreign enterprises I. Downloading Address. The newly revised auditing tools are put under the index of FTPlocalInternational Taxation Department. Each II. Installation Method. The method of installing the auditing tools is exactly like that of other standard Windows installation files. III. Running of the Auditing Tools. When opening the auditing tools, you need to take two steps: selecting database and choosing a tax 1. Selecting database. Double click the shortcut “settlement and payment tools (2006 Edition)”on the desktop, and enter into the “window Reopen the database through the “System/Open database” in the menu or through the button “Open” in the toolbar, and then select the 2. Choosing a tax authority. After a database is chosen, the window of “Toggle among tax authorities” pops up automatically. Choose “All” All: means to audit the data of all the enterprises available in the current database in the year 2005; “By provinces or municipalities”: means to audit the data of the enterprises of different provinces and municipalities available in “By prefectures or cities”: means to audit the data of the enterprises of different prefectures and cities available in the current “By districts or counties”: means to audit the data of the enterprises of different districts and counties available in the current The tax authorities in cities separately listed in the state plan and special economic zones shall be treated as those in the form IV. Functions and Operations. The working principle of the auditing tools shall be: to summarize and conclude the problems found out in 1. Data Audit and Test Click “false information test” in the menu “data test tools” or the button “data test” in the toolbar, the system will audit the current Click the “false information statistics” in the menu “data test tools” or the button “error statistics” in the toolbar, the system Select any enterprise in the table, and click the button of “details of enterprises” in the toolbar, the system shall indicate the 2. Inquiry Account Management Information Click the relative items under the menu of ” inquiry account management information”, the system will make statistics on the information 3. Statistics on Tax Sources Click the relative items under the menu of “statistics on tax sources”, the system may inquire and output the statistics form on the 4. Inquiry Supplementary Information Click the relative items under the menu of “inquiry supplementary information”, the system may inquire and output the information 5. Print and Output The function of print and output has been perfected in the upgraded examination tools. The audit or inquiry result may be output into The audit or inquiry result may be printed or output directly through the module of “direct print” in the menu “System”. V. Strictly in the light of the provisions of Article 4 of the Circular of the State Administration of Taxation on Relative Issues pertinent Please carry out the aforesaid provisions accordingly. |
State Administration of Taxation
2006-04-10
Circular of the State Administration for Industry and Commerce and the Ministry of Commerce on the Relevant Issues Concerning Foreign Gong Shang Guang Zi [2006] No. 99 The administrations for industry and commerce and the commerce administrative departments of all provinces, autonomous regions, municipalities According to the Provisions on the Administration of Foreign-funded Advertising Enterprises (Order No. 8 of the State Administration 1. A foreign investor may, according to the Merger Provisions, Advertising Provisions, and other relevant provisions, establish a Sino-foreign 2. As for a foreign-funded advertising enterprise that is established by a foreign investor through share right merger, the Chinese If the domestic advertising enterprise to be merged or purchased has mainly or concurrently engaged in advertising business for 2 3. Where a foreign investor invests in advertising industry by merging a domestic advertising enterprise, it shall transact the formalities When applying for the Opinion on the Examination and Approval of the Foreign-funded Advertising Enterprise Project, an applicant shall (1) The share right merger requisition signed jointly by the foreign investor and the domestic advertising enterprise to be merged; (2) The resolution of the shareholder’s meeting (the board of directors) of the domestic advertising enterprise to be merged; (3) The resolution of the shareholders’ meeting (the board of directors) of the foreign investor; (4) The registration certificate of the domestic advertising enterprise to be merged; (5) The registration certificate of the foreign investor; (6) The capital and credit certificate of the foreign investor; and (7) The preliminary examination opinion of the local administration for industry and commerce. The foreign investor, which intends to establish a Sino-foreign joint advertising enterprise through purchasing part of the share 4. After an applicant obtains the Opinion on the Examination and Approval of the Foreign-funded Advertising Enterprise Project issued Please execute the opinions as mentioned above accordingly. State Administration for Industry and Commerce Ministry of Commerce April 11, 2006 |
State Administration for Industry and Commerce, Ministry of Commerce
2006-04-11