RULES FOR THE IMPLEMENTATION OF THE REGISTRY AND CLEARANCE BUSINESS OF LISTED OPEN-END FUND
China Securities Depository & Clearance Corporation Limited Notice of China Securities Depository & Clearance Corporation Limited on Promulgating Rules for the Implementation of the Registry Every member bodies and fund management companies: In order to standardize the registry and clearance business of listed open-end fund, the Rules for the Implementation of the Registry China Securities Depository & Clearance Corporation Limited August 20, 2004 Rules for the Implementation of the Registry and Clearance Business of Listed Open-end Fund Chapter 1 General Provisions 1.1 This Rules is promulgated with a view to maintaining the order of securities investment fund market, protecting the legal rights of 1.2 The listed open-end fund referred to in this Rules is the open-end fund replaced, listed and transacted in Stock Exchange. Listed 1.3 This Rules applies to the registry and clearance business of listed open-end fund. Where this Rules does not have related provision Chapter 2 The Account Management 2.1 Investors holding common RMB securities account or securities investment fund account (hereinafter referred to as the securities account) Investors may subscribe, apply for and redeem the listed open-end fund through fund manager or its best effort institution based on 2.2 The open, cancellation, merger of the securities account or the change of information thereof, etc. shall be handled in accordance 2.3 The investor who has had a securities account may apply through the fund manager or best effort institution to this Company for the The investor who has not had a securities account may apply through the fund manager or best effort institution to this Company for The investor who has registered an open-end fund account through fund manager or best effort institution may apply directly for the The investor who has registered an open-end fund account through fund manager or best effort institution applying for the open-end 2.4 An investor may have only one Shanghai or Shenzhen open-end fund account, except otherwise provided for by laws, regulations, rules Shanghai securities account and the Shanghai open-end fund account registered based on it may not conduct listed open-end fund business 2.5 Where the name of the investor, the type or number of valid identification document as stated in the registry information of open-end 2.6 The investor may inquire about the registry information of his open-end fund account in the fund manager or its best effort institution 2.7 The cancellation of the open-end fund account by the investor shall be made in the fund manager or its best effort institution that (1) The fund unit in the open-end fund account is zero; (2) Where the registry confirmation of the open-end fund account has been made in more than one fund managers or best effort institutions, Chapter 3 Registry Trusteeship 3.1 This Company adopts the principle of separated system of registry with respect to the unit of listed open-end fund. The fund unit 3.2 The fund manager shall conclude the registry and clearance service contract with this Company before the replacement of listed open-end 3.3 The fund manager shall, within prescribed time limit after the establishment of the listed open-end fund succeeding to capital verification, 3.4 The registry of the change of the fund unit concerning the transaction of listed open-end fund that is made through the Stock Exchange, The registry of change of the fund unit of listed open-end fund concerning the application or redemption through the fund manager 3.5 Such data as the preliminary registry, registry of change and related account information of listed open-end fund shall be sent unified Chapter 4 Transfer of Trusteeship 4.1 The transfer of trusteeship of the listed open-end fund unit is divided into transfer of trusteeship within system and transfer of 4.2 The transfer of trusteeship within system means that investors transfer the trusteeship of listed open-end fund unit trusted in a In the same securities institution, the change of the operate business office shall be conducted in the light of relevant provisions 4.3 The transfer of trusteeship across system means that investors transfer the trusteeship of listed open-end fund unit under a securities 4.4 The transfer of trusteeship across system of listed open-end fund unit can only be carried out between securities account and the 4.5 Where investors redeem listed open-end fund unit under the trusteeship of a securities institution through a fund manager or its best (1) Before investors go through the formalities of transfer of trusteeship, they shall ensure that registry or registry confirmation of (2) The investors file the applications for transfer of trusteeship across system in transferor securities institution; they shall specify (3) With regard to the application for transfer of trusteeship across system that is qualified in examination, the securities registry With respect to the fund unit transferred in, the TA system starts to calculate the fund unit holding duration of the investor from (4) With respect to the application for transfer of trusteeship across system that has been handled successfully, investors may apply 4.6 The investor who sells in a Stock Exchange through a security institution the listed open-end fund unit that is under the trusteeship (1) Where the investor applies to the transferring fund manager or its best effort institution for trusteeship transfer across system, (2) With respect to the trusteeship transfer across system application that is qualified in examination, TA system debits the fund unit (3) With respect to the trusteeship transfer across system application that has been successfully processed, the investor may, after two 4.7 With respect to the transfer of trusteeship across system in that the transferor system has debited the fund unit of the investor’s 4.8 After the date when the open-end fund is listed, except for the equity allocation period (from date R-2 to date R, date R is the equity 4.9 The unit of the listed open-end fund that is frozen can’t be handled with the trusteeship transfer across system. Chapter 5 Fund Clearance 5.1 This Company adopts the principle of separated system in clearance with respect to listed open-end fund. The clearance of the fund 5.2 This Company adopts the multilateral net clearance with respect to listed open-end fund. This Company may adopt other fund clearance 5.3 The clearance participants such as the securities institution, fund manager and its best effort institution, before participating 5.4 The delivery and receipt of the fund concerning the application for purchase listed open-end fund through Stock Exchange shall abide 5.5 The fund clearance in subscribing listed open-end fund: (1) The securities registry system, based on the applied data of listed open-end fund made through Stock Exchange in date T, conducts (2) The TA system, based on the applied data of listed open-end fund made through fund manager and its best effort institution in date 5.6 The fund clearance in daily transaction, application, redemption of listed open-end fund: (1) The securities registry system conducts fund clearance of the combination of the dealing data of the listed open-end fund and other (2) The TA system conducts fund clearance of the combination of the application in date T-1 and the redemption in T-N-1 working days (N Chapter 6 Risk Prevention and Control Measures 6.1 This Company and the clearance participants shall adopt the following measures to strengthen the risk control in registry and clearance (1) To stipulate perfect risk prevention system and inner control system; (2) To establish perfect technical system, to abide by the agreed technical criteria and rules. (3) To make backups of the clearance data and technical system and stipulate business urgency solving procedures and operational procedures. 6.2 Based on the risk sharing principle, the clearance participants shall pay clearance deposit as prescribed to prevent risks in clearance. 6.3 The balance of the clearance reserve account of the clearance participants at the end of a day shall not be lower than the minimum 6.4 Where the clearance participant violates contract in fund delivery and receipt, this Company may adopt the following measures: (1) To charge interest and fine for breach of contract as prescribed in the provisions of the People’s Bank of China and this Company (2) On the day of the overdraft, to detain the securities proprietary traded by the clearance participants that are equivalent to 100% (3) To record the breach of the clearance participant in the bad record of the clearance participant as the proof in evaluating the risk (4) To be enpost_titled to require the clearance participant that breaches the contract to provide an account of its financial status to this 6.5 This Company, where necessary to the clearance participant that has a relatively big risk in clearance, is enpost_titled to adopt such 6.6 The fees and damages of this Company in dealing with the breach of the clearance participant in delivery and receipt are born by the Chapter 7 The Equity Allocation 7.1 The equity allocation of listed open-end fund shall be conducted by the security registry system and TA system based on respective The security registry system can only conduct cash dividend allocation, TA system can conduct cash dividend allocation or dividend 7.2 The fund manager shall, before the announcement of the equity allocation, make equity allocation application to this Company in advance. 7.3 The fund manager shall, before the prescribed time point in date R, inform this Company of the finally determined dividend allocation 7.4 The fund manager shall, before the prescribed time point in date R-2, appropriate the cash dividend to the bank account designated Where the fund manager fails to appropriate fully the cash dividend before the prescribed time point, this Company will postpone the Chapter 8 Supplementary Provisions 8.1 This Implementation Rules apply, for the time being, to registry and clearance business of the open-end securities investment fund 8.2 This Company is not liable to any damage to related parties caused by earthquake, typhoon, drought, fire, war and other force majeure 8.3 The meanings of the following wordings as used in this Rules are: Purchase: The activity that within the raising period of open-end fund, the investor purchases fund unit in the Stock Exchange through Application for purchase: The activity that beyond the raising period of open-end fund, an investor buys fund unit through fund manager Transaction: The activity that after the open-end fund is listed in Stock Exchange, an investor buys or sells fund unit in Stock Exchange Securities account: It is divided into Shanghai securities account and Shenzhen securities account. Shanghai securities account is The registry of open-end fund account: The business process in that an investor holding securities account applies to this Company The confirmation of open-end fund account: The business process in that an investor who has registered to open open-end fund account The Shanghai, Shenzhen open-end fund account: The open-end fund account that comes into being following the registration of Shanghai, Best effort institution: Such institutions as the commercial banks or securities institution etc. which have best effort institution Clearance participants: Securities institution, fund manager, best effort institution and other bodies which participate in the clearance 8.4 This company shall be responsible for the amendments and interpretation of the present Implementation Rules. 8.5 The present Implementation Rules shall be implemented as of the promulgation date. |
China Securities Depository & Clearance Corporation Limited
2004-08-23