NOTICE OF CHINA SECURITIES DEPOSITORY AND CLEARING CORPORATION LIMITED ON THE RELEVANT ISSUES ABOUT THE OPENING OF A-SHARE SECURITIES ACCOUNT BY FOREIGN STRATEGIC INVESTORS
China Securities Depository and Clearing Corporation Limited Notice of China Securities Depository and Clearing Corporation Limited on the Relevant Issues about the Opening of A-share Securities For carrying into effect the relevant provisions of the Measures for the Administration of Strategic Investment in Listed Companies I. An investor who legally holds A-share stock of a listed company shall apply directly to either Shanghai branch or Shenzhen branch 1. A certification document of effective business registration of an investor and a photocopy thereof or other document that could certify 2. A power of attorney as granted to the relevant handler by the board of directors or any director thereof, major shareholder or any 3. An effective identity certification of the relevant handler and a photocopy thereof; 4. The relevant approval documents as produced by the Ministry of Commerce and the China Securities Regulatory Commission on approving 5. An Application Form for the Registration of Securities Account; and 6. A Commitment on Self-disciplinary Administration of Securities Account (see the appendix for the format). If the investor who holds the shares of a listed company before the listed company’s initial public offering (IPO) is a natural person, The foregoing material is provided in any foreign language, a Chinese version is required. II. The approval documents and shareholding certification as mentioned in the preceding paragraph shall include the situations as follows: 1. Where the investment is made by means of directional offering conducted by a listed company, the relevant approval documents shall 2. Where investment is made by means of agreement-based transfer, the approval documents produced by the Ministry of Commerce shall be 3. As to the investor that holds shares before the relevant listed company makes its initial public offering, the relevant certification 4. Other circumstances as prescribed by the law or regulation of the state or by the provision of the China Securities Regulatory Commission III. Where the investor opens a securities account, the China Securities Depository and Clearing Corporation Limited may according to IV. Upon the expiration of sale prohibition term on the A-shares stock held by an investor, the investor may apply for releasing from V. Before the expiration of sale prohibition term on the A-shares stock , the investor requires to transfer the shares due to such special VI. The investor who has opened a securities account shall not open any securities account any more unless it is otherwise prescribed VII. The matter that hasn’t been prescribed in this Notice shall be governed by the relevant provisions of the China Securities Depository VIII. The term “investors” as mentioned in this Notice shall not include the qualified foreign institutional investor. The application IX. This Notice shall enter into effect as of the day of promulgation. China Securities Depository and Clearing Corporation Limited February 14, 2006 Appendix:Commitment on Self-disciplinary Administration of Securities Account Branches of China Securities Depository and Clearing Corporation Limited: The investor commits that: the securities account as opened in your Company shall only be used to apply to the A-shares stock of listed (Seal/Signature) (Date) |
China Securities Depository and Clearing Corporation Limited
2006-02-14
ACCOUNTING STANDARDS FOR ENTERPRISES NO. 2 – LONG-TERM EQUITY INVESTMENTS
the Ministry of Finance Accounting Standards for Enterprises No. 2 – Long-term Equity Investments Cai Kuai [2006] No.3 February 15, 2006 Chapter I General Provisions Article 1 In order to regulate the recognition and measurement of long-term equity investments, and disclosure of relevant information, these Article 2 Other relevant accounting standards shall apply to such items as follows: (1) The Accounting Standards for Enterprises No. 19 – Foreign Currency Translation shall apply to the translation of long term equity Chapter II Initial Measurement Article 3 The initial cost of the long-term equity investment formed in the merger of an enterprise shall be ascertained in accordance with (1) For the merger of enterprises under the same control, if the consideration of the merging enterprise is that it makes payment in cash, (2) For the merger under different control, the merging party shall, on the date of merger, regard the merger costs ascertained in accordance Article 4 Besides the long-term equity investments formed by the merger of enterprises, the initial cost of a long-term equity investment obtained (1) The initial cost of a long-term equity investment obtained by making payment in cash shall be the purchase cost which is actually (2) The initial cost of a long-term equity investment obtained on the basis of issuing equity securities shall be the fair value of the (3) The initial cost of a long-term equity investment of an investor shall be the value stipulated in the investment contract or agreement (4) The initial cost of a long-term investment obtained by the exchange of non-monetary assets shall be ascertained in accordance with (5) The initial cost of a long-term equity investment obtained by recombination of liabilities shall be ascertained in accordance with Chapter III Subsequent Measurement Article 5 The following long-term equity investments shall, in accordance with Article 7 of these Standards, be measured by employing the cost (1) A long-term equity investment of an investing enterprise that is able to control the invested enterprise. The term “control” refers (2) A long-term equity investmentofinvestment of the investing enterprise that does not do joint control or does not have significant Article 6 When ascertaining whether or not it is able to control or have significant influences on an invested entity, an enterprise shall take Article 7 The price of a long-term equity investment measured by employing the cost method shall be included at its initial investment cost. Article 8 A long-term equity investment of the investing enterprise that does joint control or significant influences over the invested entity Article 9 If the initial cost of a long-term equity investment is more than the investing enterprise’ attributable share of the fair value of Article 10 After an investing enterprise obtains a long-term equity investment, it shall, in accordance with the attributable share of the net Article 11 An investing enterprise shall recognize the net losses of the invested enterprise until the book value of the long-term equity investment Article 12 The investing enterprise shall, on the ground of the fair value of all identifiable assets of the invested entity when it obtains Article 13 Where any change is made to the owner’s equity other than the net profits and losses of the invested entity, the book value of the Article 14 For a long-term equity investment for which there is no offer in the active market and of which the fair value cannot be reliably Article 15 The impairment of a long-term equity investment which is measured by employing the cost method as prescribed in these Standards, for Article 16 When disposing of a long-term equity investment, the difference between its book value and the actual purchase price shall be included Chapter IV Disclosure Article 17 An investing enterprise shall, in the notes, disclose the information concerning long-term equity investments as follows: (1) The name list of its subsidiary companies, joint ventures and associated enterprises, consisting of the names, registration places, (2) The main financial information of the joint ventures and associated enterprises, consisting of the aggregate amounts of assets, liabilities, (3) The information about the restriction of the invested entity’ s capacity of transferring funds to the investing entity; (4) The current period and accumulative amounts of unrecognized investment losses; and (5) The contingent liabilities or the investments in the subsidiary companies, joint ventures and associated enterprises. |
the Ministry of Finance
2006-02-15
NOTIFICATION NO.3, 2006 OF FOREIGN ASSISTANCE PROJECT BID BOARD OF THE MINISTRY OF COMMERCE
Notification No.3, 2006 of Foreign Assistance Project Bid Board of the Ministry of Commerce Tong Gao [2006] No.3 Foreign Assistance Project Bid Board of the Ministry of Commerce held the 3rd regular meeting on February 24, 2006. Matters of concern 1. The bid-winning enterprise of three projects including Dormitory for President’s Armed Escort in Guinea-Bissau assistance project 2. The tender mode of Bahamas Stadium assistance project was discussed. Bid Board adopted limited invitation tender mode, and 19 enterprises 3. The tender mode of Container Inspection Equipment of Ecuador assistance project was discussed. The Bid Board determined to have 4. The tender mode of an area in Madagascar about 150000 geochemistry measure assistance project. The Bid Board determined to have Foreign Assistance Project Bid Board of the Ministry of Commerce March 2, 2006 |
Foreign Assistance Project Bid Board of the Ministry of Commerce
2006-03-02
DECISION OF THE STATE COUNCIL ON THE COLLECTION OF SPECIAL PETROLEUM INCOMES
The State Council Decision of the State Council on the Collection of Special Petroleum Incomes Guo Fa [2006] No. 13 The people’s governments of all provinces, autonomous regions, and municipalities directly under the Central Government, all the ministries Petroleum is an important strategic resource in the national economic and social development. Since 2004, the profits of the crude The special petroleum proceeds are non-tax incomes of the central treasury and shall be included into the budget management of the The State Council March 15, 2006 |
The State Council
2006-03-15
MEASURES FOR THE ADMINISTRATION OF ADMINISTRATIVE LAW ENFORCEMENT IN CULTURAL MARKET
Ministry of Culture Decree of the Ministry of Culture No.36 The Measures for the Administration of Administrative Law Enforcement in Cultural Market adopted through deliberation at the executive Ministry of Culture March 24, 2006 Measures for the Administration of Administrative Law Enforcement in Cultural Market Chapter I General Provisions Article 1 In order to regulate acts of administrative law enforcement in cultural market, strengthen administration on cultural market, maintain Article 2 The administrative law enforcement in cultural market as mentioned in these Measures shall refer to the administrative departments Article 3 The range of administrative law enforcement in cultural market mentioned in these Measures shall include: 1. Business performance activities; 2. Importation, wholesale, retail, lease, and projection of audio-video products; 3. Operational activities in places of entertainment; 4. Operational activities of artwork; 5. Operational activities of issuance and projection of films; 6. Operational activities of culture of the business places for internet access services and internet; and 7. Other operational activities of culture under the control of the administration of the administrative departments of culture. Article 4 The principle of fairness, justness, and openness shall be followed for the administrative law enforcement in cultural market, and Article 5 According to the division of work of responsibility, the Ministry of Culture shall guide the work of law enforcement in cultural market The local law enforcement organizations in or above the county level shall take charge of the work of administrative law enforcement Article 6 According to the provisions of state laws and regulations and the procedures determined by these Measures, the law enforcement organizations Article 7 The law enforcement organizations and the law enforcers that have remarkable performances in their work shall be given honors and Chapter II Law Enforcement Organizations and Law Enforcers Article 8 The construction of law enforcement contingent shall be strengthened, the various regulations shall be improved, and law enforcement Article 9 The functions of a law enforcement organization shall be: 1. Publicizing and carrying out the policies and laws and regulations on the management of cultural market; 2. In light of the law, within their own administrative regions, making supervision and inspection on operational activities of culture 3. Organizing the training and examination of law enforcers; 4. Supervising and guiding the work of the law enforcement organizations of the lower level; and 5. Bringing forward advices to the legislatures and the administrative organizations on improving the relevant laws, regulations, and Article 10 The law enforcement organizations shall perfect the tip off system about cultural market, publicize the tip off telephone and e-mails, Article 11 The routine inspection and regular inspection system of cultural market shall be established and improved by the law enforcement organizations. Article 12 The system of archival filing and the system of sending a copy of major punishment decisions shall be used to administrative law enforcement If the law enforcement organization makes the decision of administrative punishments which is ordering to stop business operations If the law enforcement organization makes the decision of administrative punishments , which is ordering to stop business operations Article 13 The system of reporting major cases shall be carried out for administrative law enforcement in cultural market. The local law enforcement organization shall report the information of the case to the law enforcement organization of the upper level Article 14 The system of regular report on law enforcement data shall be carried out in the administrative law enforcement in cultural market. Article 15 The law enforcement organizations shall be equipped with establishments and equipments like vehicles, communications, testing, and Article 16 When enrolling law enforcers, the law enforcement organizations shall make recruitment and examination openly and enroll the best Article 17 The law enforcers shall meet the requirements as follows: 1. Having firm political standpoint and a fine style of work, submitting disciplines, and being physically healthy; 2. Before undertaking the work of administrative law enforcement in cultural market, having no criminal records; and 3. Knowing well the laws, regulations, and rules on the administration of cultural market, and mastering the professional knowledge and Article 18 After having passed on-the-job training and the examination, the law enforcers shall obtain the certificate of administrative law Article 19 The law enforcement organizations shall examine professional competence of law enforcers each year, and after the assessment the law Article 20 The law enforcers shall take part in the training of professional knowledge and skill in cultural market no less than 40 hours each Article 21 The system of regular post-shift on law enforcers shall be carried out, and in general, a law enforcer shall not take one job position Chapter III Law Enforcement Procedures Article 22 The illegal administrative cases in cultural market shall be under the control of the law enforcement organizations at or above the If law enforcement organization discovers that the case under investigating is not under its jurisdiction, it shall be transferred Article 23 Administrative law enforcement activities shall be implemented strictly according to the procedures prescribed in laws, regulations Article 24 When executing public affairs, the law enforcers shall show the law enforcement certificates to the parties or the relevant personnel Article 25 As any act of any citizen, legal person, or other organization breaks the regulations on the management of cultural market, which Article 26 Before making an administrative punishment, the parties shall be notified the facts, the reasons and the basis of the administrative Article 27 The parties shall have the right to make statements and averments. The opinions of the parties shall be sufficiently heard and written Article 28 If the illegal facts are authentic and have legal basis, a decision may be made on the spot on giving an administrative punishment The decisions shall be reported to the subordinate law enforcement organizations and put them on archives within 3 days from the day Article 29 If the law enforcement organization discovers that any citizen, legal person, or other organization has any act that shall be given The evidence shall be included documentary evidence, material evidence, testimony of witnesses, audio-video materials, statements Article 30 When making investigation or inspection, there shall be no less than two enforcers. The parties and the relevant personnel shall answer Article 31 When collecting evidence, the law enforcers may use the method of sampling to obtain evidence; if the evidence may be lost or difficult The parties shall be at present when obtaining evidence by sampling or preserving it through registration,; if the parties are not A list of the evidence obtained by sampling or articles preserved through registration shall be made, and in the light of the circumstances, When preserving articles through registration, they may be preserved at a different place if it may disturb public order or public Article 32 The handling decisions shall be made as follows within 7 days on the evidence preserved through prior registration: 1. If it is necessity to make technical inspection or authentication, it shall be submitted for inspection or authentication; 2. If the articles need not to be confiscated according to the law, they shall be returned to the parties; 3. If the articles shall be devolved on the relevant departments for disposal, they shall be devolved on the relevant departments; and If there are different provisions in other law or regulation, such provisions shall be followed. Article 33 After the conclusion of an investigation, the person in charge of a law enforcement organization shall examine the investigation results, Before making an administrative punishment decision, a law enforcement organization shall make a notice on the administrative punishment Article 34 A hearing shall be carried out in light of the procedures as follows: 1. The chairperson announces the beginning of the hearing, the reason of the case and the hearing disciplines, rights and obligations 2. The illegal facts of the parties, the evidence, basis for punishment, and the reasons for the administrative punishment shall be brought 3. The parties may put forward evidence, make statements and averments, and make cross-examinations on the evidence brought forward by 4. The chairperson inquires to the parties, investigators, witnesses, and the relevant personnel; 5. The parties make final statements; and 6. The chairperson announces the end of the hearing. Article 35 Written records about the hearing shall be made , and be handed to the parties for checking, if there is no fault therein, the parties The chairperson shall make a written report in the light of the hearing, and submit it to the law enforcement organizations along The following contents shall be included in the report: reason of the case, time and place for the hearing, name or post_title of the participants Article 36 After it is announced, the letter of decision on administrative punishment shall be handed to the parties on the spot. The parties If the parties are not present, according to the relevant provisions of the Civil Procedure Law, the law enforcement organization Article 37 The confiscated properties in the light of the law shall be auctioned openly or dealt with in light of the relevant provisions of Goods that shall be destroyed in the light of the law shall be destroyed under the supervision of two or more law enforcers after Article 38 The law enforcement documents and the relevant materials shall be compiled and bound, and be put on archives according to the provisions Chapter IV Supervision over Law Enforcement and Prosecution of Liabilities Article 39 The law enforcement acts of the law enforcement organizations at the lower level and the law enforcers shall be supervised by the Article 40 The following contents shall be included in the law enforcement supervision: 1. Subjects of law enforcement; 2. Procedures for law enforcement; 3. Application of laws, regulations, and rules; 4. The situations of performance of legal obligations; 5. Internal management system of law enforcement organizations; 6. Disposal of the confiscated properties and goods; and 7. Other contents need to be supervised. Article 41 The ways of law enforcement supervision shall be as follows: 1. Accepting and hearing appeals, accusations, and complaints on illegal administrative acts, and directly dealing with them or ordering 2. Inspecting the law enforcement work; 3. Consulting administrative law enforcement files and other materials; and 4. Other ways adopted within the range of power. Article 42 If the law enforcement organizations at the upper level find out that the law enforcement organizations at the lower level and their 1. The subjects of law enforcement are not lawful; 2. The procedures for law enforcement are illegal; 3. Application of laws, regulations, and rules in the concrete administrative acts in a way erroneous; or 4. The confiscated properties are dealt with illegally. Article 43 Due to the circumstances as listed in Article 42 , an administrative punishment results in the following consequences, the direct 1. The decision on cultural administrative punishment shall be revoked or altered by the people’s court; or 2. The decision on cultural administrative punishment shall be revoked or altered by the reconsideration organization. Article 44 If he or she has any of the circumstances as follows, which do not constitute a crime, the law enforcer shall be given administrative 1. Misusing of authority to encroach on the lawful rights and interests of citizens, legal persons, or other organizations; 2. Seeking for or taking and accepting the properties of others by using of his power or availing of the convenience of his job, or supporting, 3. Failing to accept and hear or handle tip-offs of the public, or delaying or passing the buck; 4. Divulging contents of tip-offs and the arrangements for law enforcement acts; 5. Forging, tampering with, concealing, or destroying evidence; 6. Asleep at the switch and resulting in serious consequences; 7. Taking part in operational activities of culture in any form; or 8. Other acts that seriously break laws, regulations, and rules. Article 45 The law enforcers shall not engage in administrative law enforcement activities during the period of being suspended of the law enforcement Chapter V Supplementary Articles Article 46 The Cultural Market Inspection Certificate of the People’s Republic of China, which is the lawful certificate for the law enforcers The formant of the law enforcement documents shall be uniformly formulated by the Ministry of Culture, and supervised by the provincial Article 47 The right of interpreting these Measures shall remain with the Ministry of Culture. Article 48 These Measures shall come into force as of the day of July 1, 2006. The Interim Measures for Cultural Market Inspection promulgated |
Ministry of Culture
2006-03-24
ANNOUNCEMENT NO. 23, 2006 OF MINISTRY OF COMMERCE, ON REDUCING THE TARIFF ON MIXED EDIBLE GREASE OR PRODUCTS
Ministry of Commerce Announcement No. 23, 2006 of Ministry of Commerce, on Reducing the Tariff on Mixed Edible Grease or Products [2006] No. 23 In accordance with Framework Agreement on Comprehensive Economic Co-operation between the People’s Republic of China and the Association 1. While importing grease originated from ASEAN member states, with palm oil, bean oil and rape seed oil as the raw materials and with 2. While importing the grease with palm oil, bean oil or rape seed oil mixed in under the preferential tariff rate of the Framework Agreement As from the date of the promulgation of this announcement, Announcement No. 35, 2004 of Ministry of Commerce shall be abolished. Ministry of Commerce April 20, 2006 |
Ministry of Commerce
2006-04-20
REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON THE ADMINISTRATION OF THE IMPORT AND EXPORT OF ENDANGERED WILD ANIMALS AND PLANTS
Order of the State Council of the People’s Republic of China
No. 465 The Regulations of the People’s Republic of China on the Administration of the Import and Export of Endangered Wild Animals and Plants, April 29, 2006 Regulations of the People’s Republic of China on the Administration of the Import and Export of Endangered Wild Animals and Plants Article 1 The present Regulations is formulated for the purpose of intensifying administration on the import and export of endangered wild Article 2 The import or export of the endangered animals and plants as well as the products which are restricted by Convention, shall be subject As to the export of the endangered animals and plants as well as the products thereof under the special protection of sour country Article 3 The competent departments of forestry and agriculture (fishery) of the State Council (hereinafter referred to as the competent departments Other relevant departments of the State Council shall, according to the provisions of relevant laws and administrative regulations, Article 4 The state administrative organs in charge of the import and export of endangered species shall perform the Convention on behalf of Article 5 The state scientific institutions for the import and export of endangered species shall, according to the present Regulations, organize Article 6 It is prohibited to import or export any endangered wild animals and plants as well as the product thereof, whose import or export It is prohibited to export any wild animals and plants and products there of with a great values, whose name is yet to be decided Article 7 The import or export of endangered animals and plants as well as the products thereof, which are restricted by the Convention to Article 8 The import of endangered wild animals and plants as well as the products thereof shall meet the requirements as follows: (1) The utilization of endangered wild animals and plants as well as the products thereof meets the relevant provisions of the State; (2) Having effective control measures and meeting the requirements for ecological security; (3) The materials as provided by the relevant applicant are authentic and effective; and (4) Meeting any other requirement as publicized by the competent departments of endangered animals and plants under the State Council. Article 9 The export of endangered wild animals and plants as well as the products thereof shall meet the requirements as follows: (1) Meeting the requirements for ecological security as well as public benefits; (2) The origins are legal; (3) The materials as provided by the relevant applicant are authentic and effective; (4) Not falling within the prohibited categories of export as prescribed by the State Council or the competent departments of endangered (5) Meeting any other requirement as publicized by the competent departments of endangered animals and plants under the State Council. Article 10 When importing or exporting any endangered wild animals and plants as well as the product thereof, an applicant shall file an application (1) The Import/Export Contract; (2) The names, varieties, quantities and purposes of use of endangered wild animals and plants as well as the products thereof; (3) Instruction of materials on the facilities for loading and transporting live endangered wild animals and plants as well as the products (4) Other materials that shall be submitted, as are publicized by the competent departments of endangered animals and plants under the The relevant competent departments of wild animals and plants of the province, autonomous region or municipality directly under the Article 11 The competent departments of endangered animals and plants under the State Council shall make a decision on approval or disapproval Article 12 Where an applicant has obtained the relevant approval documents for the import or export from the competent departments of endangered The following materials shall be submitted when applying for verifying and issuing an Import/Export Permission Certificate: (1) An Application Form for the Import/Export Permission Certificate; (2) The Approval Documents for Import or Export; and (3) The Import / Export Contract. In the case of import of any endangered wild animals and plants or any of product thereof, whose import or export is restricted by Article 13 The administrative organ in charge of the import and export of endangered wild animals and plants shall, within 20 workdays as of In case the administrative organ in charge of the import and export of endangered wild animals and plants finds any application material Article 14 Where the state administrative organ in charge of the import and export of endangered wild animals and plants needs, during the process Article 15 The competent department of endangered animals and plants under the State Council, the competent departments of wild animals and Article 16 Where any import or export of endangered wild animals and plants or any of its products has led to or may lead to any serious injury Article 17 As to any endangered wild animals and plants or any of products thereof, which are obtained from a sea area not falling within the Article 18 Where any import of endangered wild animals and plants as well as the products thereof relates to the administration of foreign species, Article 19 The import or export of endangered wild animals and plants as well as the products thereof shall be carried out at the ports, which Article 20 The import or export of endangered wild animals and plants as well as the products thereof shall be conducted in light of the varieties, Article 21 As to any import or export of endangered wild animals and plants as well as the products thereof, the relevant importer or exporter Any departure from the territory, transfer or transshipment of endangered wild animals and plants as well as the products thereof Any endangered wild animals and plants or any of its products, which goes into or out of specific customs surveillance zones or bonded Any import or export of endangered wild animals and plants as well as the products thereof shall be declared to the entry and exit Article 22 The state administrative organ in charge of the import and export of endangered species shall in time report the relevant materials, Article 23 The approval documents for import or export shall be printed and formulated uniformly under the organization of the competent department Article 24 Where any functionary of the competent department of endangered wild animals and plants or the state administrative organ in charge Article 25 Where any functionary of the state scientific institution for the import or export of endangered species takes advantage of his functions Article 26 Where any endangered wild animals and plants or any of its products is illegally imported or exported or smuggled in any other way, The articles as fined and confiscated shall be transferred to the competent departments of wild animals and plants for legal disposal. Article 27 Where any approval document for import or export or any Import/Export Permission Certificate is forged, sold for profits or transferred, Article 28 The present Regulations shall enter into effect as of September 1, 2006. |
The State Council
2006-04-29
TRANSACTION STANDARDS OF SHENZHEN STOCK EXCHANGE
Circular of Shenzhen Stock Exchange concerning Promulgating the Transaction Standards of Shenzhen Stock Exchange
All the member entities: The Transaction Standards of Shenzhen Stock Exchange upon approval of China Securities Regulatory Commission (CSRC) are herby promulgated, I. The Transaction Standards of Shenzhen Stock Exchange shall go into effect as of July 1, 2006, and the Transaction Standards of Shenzhen II. This Exchange will, temporarily, not accept the declaration by the conclusion of transactions at the best five prices and in real Shenzhen Stock Exchange May 15, 2006 Transaction Standards of Shenzhen Stock Exchange 1.1 In order to regulate the transactions in the securities market, maintain the order of the securities market, and protect the lawful 1.2 The transactions concerning the listed securities and their derivatives (hereinafter referred to as securities) of Shenzhen Stock Any matter that has not been prescribed in these Rules shall comply with other related provisions of this Exchange. 1.3 The securities transactions shall follow the principles of openness, fairness and equity. 1.4 The transactions of investors shall comply with the laws, administrative regulations, ministerial rules and the related business 1.5 The securities transactions shall employ the paperless centralized transactions and other methods upon approval of the China Securities Chapter II Trading Market Section 1 Trading Places 2.1.1 This Exchange will provide trading places and facilities for the securities transactions. The trading places and facilities consist 2.1.2 Approved by this Exchange, any member may declare by the traders assigned to the trading hall by it. Without the special approval of this Exchange, those allowed to enter into the trading hall shall be limited to the persons as follows: (1) The registered traders; and (2) The personnel for supervision of the hall. 2.1.3 This Exchange will manage the trading competence of the members, and the concrete measures therefor shall be respectively prescribed Section 2 Trading Varieties 2.2.1 The securities as follows may be listed in this Exchange: (1) Stocks; (2) Funds; (3) Bonds; (4) Treasury bonds repurchase (T-bond repurchase) ; (5) Warrants; and (6) Other trading varieties upon approval of the CSRC. Section 3 Trading Hours 3.1 The trading days of this Exchange are every week except Saturday and Sunday. On State statutory holidays and the rest days announced by this Exchange, this Exchange will rest. 3.2 The securities are traded by means of competitive bidding, 9 to 95 every trading day shall be the time for the aggregate auction As approved by the CSRC, this Exchange may modulate the trading hours. 3.3 If the trading is suspended because of some reasons within the trading hours, the trading hours will not be put off. Chapter III Purchase and Sales of Securities Section 1 General Provisions 3.1.1 After accepting the entrustment of purchase and sales from an investor, any member shall make declaration to this Exchange in accordance If any member accepts the entrustment of purchase and sales from an investor and the transaction is completed, the investor shall 3.1.2 A member shall send out declaration orders about purchase or sales to the exchange server of this Exchange by means of the offering 3.1.3 The entrustment and declaration records shall be properly kept by a member in accordance with the related provisions. 3.1.4 Any investor shall not sell the securities purchased before the delivery thereof, except that a turnaround transaction is effected. The “securities turnaround transaction” refers to that the securities purchased by an investor will be totally or partly sold out 3.1.5 Same-day turnaround transactions will be carried out for the bonds and T-bond repurchase, and the next-trading-day turnaround transactions 3.1.6 This Exchange may carry out the system of primary dealers in accordance with the demands of the market, and the concrete measures Section 2 Entrustment 3.2.1 When an investor buys or sells the securities, a securities account and a capital account shall be opened, and an entrustment agreement The opening of securities accounts by investors shall be conducted in accordance with the provisions of the registration and clearing 3.2.2 A client may entrust a member to buy or sell the securities by means of the self-help entrustment methods such as letters, phone The entrustment by phone calls, self-help terminals, Internet and other self-help methods shall be conducted in accordance with the 3.2.3 For a client taking part in the purchase or sales of securities by any self-help entrustment method, the member shall sign a self-help 3.2.4 Except otherwise herein provided for by this Exchange, an entrustment instruction of any client shall consist of: (1) The number of the securities account; (2) The code of the securities; (3) The direction of the deal; (4) The entrusted quantity; (5) The entrusted price; and (6) Other contents required by this Exchange and the member. 3.2.5 A client may entrust a member to buy or sell the securities by means of limit order or market order. The “limit order” means that a member is entrusted by the client to buy or sell the securities at the prescribed price, and the member The “market order” means that a member is entrusted by the client to buy or sell the securities at the market price. 3.2.6 The uncompleted transaction as entrusted may be cancelled by a client. 3.2.7 As to the entrustment cancelled or invalidated, after making confirmation, the related capital or securities shall be returned timely 3.2.8 A member who provides the securities financing services through the securities sales for its clients shall be in accordance with Section 3 Declaration 3.3.1 This Exchange will accept the declarations of competitive bidding by the members at 95 to 110 and 130 to 150every trading At 90 to 95 and 147 to 150 every trading day, the exchange server of this Exchange will not accept the declarations for At 95 to 90 every trading day, the exchange server only accepts the declarations, but will not deal with the sales declarations This Exchange can make modulation on the time for accepting the declarations of the members. 3.3.2 A member shall make declarations to this Exchange in time in accordance with the chronological order by which it accepts the entrustments 3.3.3 This Exchange will accept the declaration of the limit orders and market orders of the members. 3.3.4 In accordance with the demands of the market, this Exchange may accept the market orders of the types as follows: (1) The declaration through the best price of the counterpart; (2) The declaration through the best price of this side; (3) The declaration through the conclusion of transactions at the best five prices and in real time and the cancellation of remaining (4) The declaration through the conclusion of transactions in real time and the cancellation of remaining orders; (5) The declaration through the conclusion of transactions in full amount or the cancellation of orders; and (6) Other types formulated by this Exchange. As to a declaration through the best price of the counterpart, the best price of the counterpart listed in the book of centralized A declaration through the best price of this side means that the best price of this side listed in the book of centralized orders As to a declaration through the conclusion of transactions at the best five prices and in real time and the cancellation of remaining As to a declaration through the conclusion of transactions in real time and the cancellation of orders, the price of the counterpart As to a declaration through the conclusion of transactions in full amount or the cancellation of orders, the price of the counterpart 3.3.5 The market orders shall only apply to the transactions of the securities with the price limit during the course of continuous auction. 3.3.6 When a declaration by the best price of this side entering into the exchange server, if there is no declaration of this side in the Where any other declaration by the market order entering into the exchange server, if there is no declaration of the counterpart in 3.3.7 A limit order shall consist of the number of the securities account, the code of the securities, the code of the seat, the direction A market order shall consist of the type of the declaration, the number of the securities account, the code of the securities, the A declaration order shall be transferred in the form prescribed by this Exchange. 3.3.8 As to the purchase of stocks or funds by means of competitive bidding, the declared quantity shall be 100 shares (units) or the integral If selling the stocks or funds, the sales of the part less than 100 shares (units) shall be declared once and for all. 3.3.9 The purchase of bonds by means of competitive bidding shall be declared by 10 sheets or the integral number of times of 10 sheets. If selling the bonds, the sales of the part less than 10 sheets shall be made declaration once and for all. The 100 Yuan of par value of bonds shall be one sheet, and the 100 Yuan of standard coupons of pledge-type repurchase of bonds shall 3.3.10 The largest amount in a single declaration of competitive stock (fund) transactions shall less than one million shares (units), and 3.3.11 Different units of account shall be employed for the trading of different securities: the “price per share” for the stocks, the “price 3.3.12 The minimum price variance unit for the transaction of A-shares, bonds or pledge-type repurchase of bonds shall be 0.01 Yuan, and 3.3.13 In accordance with the demands of the market, this Exchange may modulate the minimum price variance unit of the declared quantity 3.3.14 This Exchange carries out the price limit to the transactions of stocks and funds, and the fluctuating proportion shall be 10%, and The formula used for the fluctuating price shall be as follows: Fluctuating Price = Previous Closing Price (1luctuating Proportion). The calculation result shall be the minimum price variance unit in accordance with the principle of rounding (to the nearest whole If it meets any of the following circumstances, the price limit shall not be carried out on the first listing day of stocks: (1) The initial public offering; (2) The listed issuance of additional shares; (3) The resumption of trading after the suspending of trading; or (4) Other circumstances recognized by this Exchange or the CSRC. As approved by the CSRC, this Exchange may modulate the fluctuating proportion of the securities. 3.3.15 When buying or selling the securities under the price limit, the declaration under the price limit shall be valid, otherwise, it When buying or selling the shares of middle and small enterprise board (SME Board) under the price limit, the valid declarations beyond 3.3.16 When buying or selling the securities without the price limit, the declarations beyond the scope of valid auction can not take part 3.3.17 A declaration shall be valid on the current day. If each competitive transaction declared can not be completed once and for all, Section 4 Auctions 3.4.1 The ways of aggregate auction and continuous auction shall be employed for the competitive securities transactions. The “aggregate auction” refers to such a competitive method that the sales declarations accepted during a certain period shall be The “continuous auction” refers to such a competitive method that the sales declarations shall be continuously matched item by item. 3.4.2 The sales declarations that are not completed during the period for the aggregate auction of opening quotation shall automatically The sales declarations that are not completed during the period of continuous auction shall automatically enter into the aggregate 3.4.3 The scope of valid auction of the securities under the price limit during the period of aggregate auction shall be in line with the The scope of valid auction of the stocks in the SME Board during the period of continuous auction shall be up and down 3% of the latest The calculation result for the scope of valid auction shall be the minimum price variance unit in accordance with the principle of 3.4.4 The scope of valid auction for the transactions of the securities without the price limit shall be made determination in accordance (1) The scope of valid auction for the aggregate auction of opening quotation on the first listing day of stocks shall be less than 900% (2) The scope of valid auction for the aggregate auction of opening quotation on the first listing day of bonds shall be 30% or so of (3) The scope of valid auction for the aggregate auction of opening quotation on the non-first listing day of the pledge-type repurchase 3.4.5 If the securities without the price limit are not transacted during the period of aggregate auction of opening quotation, the scope (1) If the highest buying price declared under the scope of valid auction is higher than the offering price or the previous closing price, (2) If the lowest selling price declared under the scope of valid auction is lower than the offering price or the previous closing price, 3.4.6 This Exchange may modulate the scope of valid auction of the securities in accordance with the demands of the market. Section 5 Conclusion of Transactions 3.5.1 The securities competitive bidding shall be matched by complying with the principle of price and time priority. The principle of price priority at the time of transaction conclusion shall be: the declaration for the purchase at a higher price The principle of time priority at the time of transaction conclusion shall be: the former declarer shall have priority to the later 3.5.2 As to aggregate auction, the principle for determination of the transaction price shall be as follows: (1) The price at which the maximum trading volume can be realized; (2) The declarations for the purchase at the price higher than the aforesaid price and the declarations for the sales at the price lower (3) All the transactions of either the buyer or the seller with the price in line with the aforesaid one shall be completed. In case there are two or more aforesaid prices meeting the conditions mentioned above, the transaction price shall be the price closest All the transactions under aggregate auction shall be completed at the same price. 3.5.3 As to continuous auction, the principle for determination of the transaction price shall be as follows: (1) If the highest price upon declaration for the purchase is the same as the lowest price upon declaration for the sales, the aforesaid (2) If the price upon declaration for the purchase is higher than the lowest price upon declaration for the sales in the book of centralized (3) If the price upon declaration for the sales is lower than the highest price upon declaration for the purchase in the book of centralized 3.5.4 After the sales declarations are matched by the exchange server, the transactions are completed. A transaction goes into effect when In case a transaction is seriously influenced by the force majeure, accident or illegal invasion into the trading system, this Exchange As confirmed by this Exchange, proper measures may be employed for the clearly unfair transactions. For the transactions that are against these Rules and will seriously destroy the normal operation of the securities market, this Exchange 3.5.5 For the transactions completed in accordance with these Rules, the trading results shall be determined based on the trading data 3.5.6 The liquidation and delivery between the members shall be dealt with by the registration and clearing institution designated by this Section 6 Block Trades 3.6.1 The method of block trades may be employed for the securities sales implemented in this Exchange and satisfying the conditions as (1) The quantity of A-shares in a single transaction thereof is more than 500,000 shares, or the trading amount is more than 3 million (2) The quantity of B-shares in a single transaction thereof is more than 50,000 shares, or the trading amount is more than 300,000 HK (3) The quantity of funds in a single transaction thereof is more than 3 million shares, or the trading amount is more than 3 million (4) The quantity of bonds in a single transaction thereof is more than 10,000 sheets (100 Yuan of par value for one sheet), or the trading (5) The quantity of bonds in a single transaction of pledge-type repurchase of bonds is more than 10,000 sheets (100 Yuan of par value (6) The trading amount in the aggregate one-way purchase or sales of several A-shares is more than 5 million Yuan, and of which the trading (7) The trading amount in the aggregate one-way purchase or sales of several funds is more than 5 million Yuan, and of which the trading (8) The trading amount in the aggregate one-way purchase or sales of several bonds is more than 5 million Yuan, and of which the trading In accordance with the demands in the market, this Exchange may modulate the minimum quota of block trades. 3.6.2 This Exchange will make acceptance of the declarations for block trades at 95 to 110 and 130 to 15:30 every trading day. 3.6.3 The declarations for block trades shall consist of the declarations of intent and the declarations of transaction that has been completed. A declaration of intent for block trades shall consist of the number of the securities account, the code of the securities, the direction A declaration of transaction that has been completed shall consist of the number of the securities account, the code of the securities, 3.6.4 The transaction price of the block trade of securities under the price limit shall be made determination by both parties to the transaction The transaction price of the block trade of securities without the price limit shall be made determination through the consultation 3.6.5 Both parties to the transaction shall, after signing an agreement, make declarations of transaction that has been completed to the 3.6.6 The exchange server will implement the transaction confirmation concerning the declarations of transactions that have been completed A declaration of transaction that has been completed shall not be changed or cancelled once it is made sure by this Exchange, and 3.6.7 A member shall make sure that the participants in block trades actually own the securities or capital related to the declaration 3.6.8 A block trade shall not be calculated into the calculation of real-time market information and indices of this Exchange, as well 3.6.9 As block trades is completed every trading day, this Exchange will promulgate the names of the securities, the trading volume, the Section 7 Transactions of T-bond Repur CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON CARRYING OUT THE PILOT WORK ON TRANSFERRING THE EXAMINATION AND APPROVAL POWER CONCERNING THE TAX REFUND (EXEMPTION) ON EXPORTED GOODS TO LOWER LEVELS
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