REGULATION ON THE ADMINISTRATION OF FUTURES TRADING
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Decree of the State Council of People’s Republic of China
No. 489 The Regulation on the Administration of Futures Trading has been adopted at the 168th executive meeting of the State Council on February March 6, 2007 Regulation on the Administration of Futures Trading Article 1 The present Regulation is formulated in order to regulate futures trading, strengthen the surveillance over futures trading, safeguard Article 2 The present Regulation shall be followed by all entities and individuals conducting futures trading, including the trading based Article 3 When conducting the futures trading activities, the principle of openness, fairness, justness and good faith shall be followed. No Article 4 The futures trading shall be performed in the futures exchanges established subject to the law or in other trading places as approved No futures trading is permitted in any place other than those as approved by the futures regulatory institution of the State Council Article 5 The futures regulatory institution of the State Council shall implement uniform surveillance and administration over the futures The agencies of the futures regulatory institution of the State Council shall perform the responsibilities of surveillance in accordance Chapter II Futures Exchange Article 6 The futures regulatory institution of the State Council shall be in charge of the examination and approval for establishing a futures No entity or individual may set up any futures exchange or organize any futures trading and other related activities in any form without Article 7 A futures exchange, which may not take profit-making as its purpose, shall carry out self-disciplinary management in light of its The measures for the administration of the futures exchanges shall be formulated by the futures regulatory institution of the State Article 8 The member of a futures exchange shall be an enterprise as a legal person or other economic organization that is set up and registered A futures exchange may establish a graded member clearing system. The members under the graded member clearing system shall include The qualification for the clearing business of a clearing member shall be approved by the futures regulatory institution of the State Article 9 Where any of the circumstances as prescribed in Article 147 of the Company Law of the People’s Republic of China or any of the following (1) persons who are the person in charge of a futures exchange, stock exchange or securities register and clearing institution, or the (2) persons who are lawyers, certified public accountants, or professionals of an investment consultation institution, financial consultancy Article 10 A futures exchange shall formulate and improve various rules in accordance with the present Regulation and the provisions of the (1) Providing a trading site and related facilities and services; (2) Designing contracts and arranging the listing of contracts; (3) Organizing and supervising the transactions, clearing and delivery; (4) Ensuring the performance of contracts; (5) Surveilling and administering its members subject to its articles of association and trading rules; and (6) Other duties as provided for by the futures regulatory institution of the State Council. No futures exchange may participate in futures transactions directly or indirectly. No futures exchange may make trust investments, Article 11 A futures exchange shall establish and perfect the following systems for risk control under related provisions of the State: (1) The margin system; (2) The mark to the market system; (3) The system of price limits; (4) The system of position limits as well as reports of big position holders; (5) The systems of the risk reserve; and (6) Other risk control systems as provided for by the futures regulatory institution of the State Council. A futures exchange that has established the graded member clearing system shall set up and perfect a system of security deposits. Article 12 Where any abnormal circumstance in the futures market occurs, the futures exchange shall determine the following urgent measures (1) Uplifting the margin; (2) Adjusting the price limits; (3) Limiting the maximum amount of futures held by its members or clients; (4) Suspending the transactions; and (5) Taking other urgent measures. Abnormal circumstance as referred to in the preceding paragraph means the acts of manipulating the futures trading prices in the business The futures exchange shall cancel the urgent measures in a timely manner after the disappearance of the abnormal circumstance. Article 13 A futures exchange shall be subject to the approval of the futures regulatory institution of the State Council when handling such (1) Formulating or modifying its articles of association or trading rules; (2) Listing, suspending, canceling or resuming any type of transaction; (3) Listing, modifying or terminating any contract; (4) Altering its domicile or business site; (5) Merging, splitting or dissolving; or (6) Other items as provided for by the futures regulatory institution of the State Council. The futures regulatory institution of the State Council shall solicit for opinions of the related department of the State Council Article 14 The revenues of a futures exchange shall be managed and utilized under related provisions of the state, but shall be primarily used Chapter III Futures Companies Article 15 A futures company refers to a financial institution which is set up in accordance with the Company Law of the People’s Republic of No entity or individual may set up any futures company to conduct the business of futures, or do so in any disguised form without Article 16 The applicants shall meet the requirements in the Company Law of the People’s Republic of China and the following circumstances when (1) having registered capital of RMB 30 million yuan or more; (2) having directors, supervisors and senior managers with the qualifications for holding their positions and the employees with the futures (3) having its articles of association which comply with the laws and administrative regulations; (4) having a continuous profit-making capacity and a good reputation of the main shareholders and actual controllers, and no record of (5) having a qualified business site and operation facilities; (6) having sound risk management and internal control systems; (7) Other circumstances as provided for by the futures regulatory institution of the State Council. The futures regulatory institution of the State Council may raise the minimum amount of the registered capital upon the principle The futures regulatory institution of the State Council shall make an examination subject to the principle of prudent supervision, No entity or individual may entrust any other person or accept any other person’s entrustment to hold or manage the stock rights of Article 17 A licensing system shall be performed for the business of futures companies. A permit shall be granted by the futures regulatory No futures company may conduct any activity that is irrelevant to the futures business, unless otherwise stipulated by any law, administrative No futures company may conduct any self-operation business of futures, nor in any disguised form. The futures company may neither offer financing service to the shareholders, actual controllers or other affiliated parties thereof, Article 18 Where a futures company conducts brokerage business, when accepting the entrustment of any client and carrying out any futures transaction Article 19 When a futures company handles the following issues, it shall be subject to the approval of the futures regulatory institution of (1) The merger, split-up, suspension of business, dissolution or bankruptcy; (2) The alteration of the company form thereof; (3) The alteration of the business scope thereof; (4) The alteration of the registered capital thereof; (5) The alteration of 5 percent or more of the stock rights thereof; (6) The establishment, acquisition, taking shares, or termination of any overseas futures institution; or (7) Other issues as provided for by the futures regulatory institution of the State Council. As for the issues referred to in Subparagraphs (4) and (7) in the preceding paragraph, the futures regulatory institution of the State Article 20 Where a futures company handles any of the following issues, it shall be subject to the approval of the agency of the futures regulatory (1) Altering the legal representative thereof; (2) Altering the domicile or business site; (3) Establishing or terminating branch within the territory of China; (4) Altering the business site, person in charge or business scope of any branch within the territory of China; or (5) Other issues as provided for by the futures regulatory institution of the State Council. As regards the issues as mentioned in Subparagraphs (1), (2), (4) and (5) of the preceding paragraph, the agency of the futures regulatory Article 21 In case of any of the circumstances as prescribed in Article 70 of the Administrative License Law of the People’s Republic of China (1) The business license thereof is cancelled by the company registration organ in accordance with related laws; (2) It fails to start business operations for three months or more as of the establishment without any justifiable reason, or suspends (3) It submits a cancellation application on its own initiative; and (4) Other circumstances as provided for by the futures regulatory institution of the State Council. A futures company shall settle the related futures businesses and return the margin and other assets to the clients thereof in accordance Article 22 A futures company shall establish and perfect business management rules and risk control rules and implement them rigidly, shall Article 23 As regards other futures institutions conducting futures investment consultation services and providing intermediary services for Chapter IV Basic Rules on Futures Trading Article 24 The parties that carry out futures trading in a futures exchange shall be members of the futures exchange. Article 25 When accepting a client’s entrustment to trade futures on his account, a futures company shall offer the client with a risk disclosure The futures company may neither make any promise of profits to the clients thereof, nor agree on sharing profits or risks with them. Article 26 Any of the following entities and individuals may not conduct the futures trading. No futures company may accept the entrustment (1) The state bodies and public institutions; (2) The futures regulatory institution of the State Council, the futures exchanges, the institution that monitors the safe custody of (3) The persons that are prohibited to enter into the futures market; (4) The entities and individuals can not provide documents certifying that they have opened an account; and (5) Other entities and individuals that are not allowed to trade futures as provided for by futures regulatory institution of the State Article 27 A client may offer trading instructions to the futures company by ways of writing, telephone, the internet or any other methods as The futures company may not induce any client to give trading instructions by concealing any important issue or by any other improper Article 28 A futures exchange shall publicize the futures contracts of the marketed varieties in a timely manner, in terms of the trading volume, No real time market information about futures trading may be released by any entity or individual without permission of the futures Article 29 The margin system shall be implemented rigidly in the futures trading. The margin that a futures exchange collects form the members The margin that is collected by a futures company from the clients thereof, belongs to the clients, and shall be prohibited to be The margin as collected by a futures company from the clients thereof belongs to the clients and shall be strictly prohibited to be (1) Paying the money available as required by the clients; (2) Depositing the margin or paying commissions or taxes on the clients’ account; and (3) Other circumstances as provided for by the futures regulatory institution of the State Council. Article 30 A futures company shall open an exclusive account and set up a separate trading code for each of the clients and may not mix up the Article 31 Where a futures company conducts the futures brokerage business and other futures businesses as well, it shall observe the principle Article 32 The standard warehouse bills, government bonds and other negotiable securities with stable value and high liquidity may be given Article 33 Where a banking financial institution conducts the custody of futures margin and in the settlement of futures, the qualifications Article 34 The clearing members of a futures exchange, futures company or non-futures company shall withdraw, manage and use the risk reserve Article 35 The related competent authority of the State Council shall be responsible for uniformly formulating and publicizing the items, rates Article 36 An open and centralized method for business shall be applicable for the futures trading or any other form as approved by the future Article 37 The futures exchange shall organize the settlement of futures trading uniformly. The futures exchange shall implement the mark to the market system. It shall notify the members of the trading results on the current A futures company shall carry out the settlement about the transactions to the clients in accordance with the settlement result of Article 38 Where the margin of a futures exchange member is not enough, this member shall replenish the margin or close his positions on his Where the margin of a client of a futures exchange is not enough, this client shall replenish the margin or close his positions on Article 39 The futures exchange shall uniformly organize the delivery in futures trading. The delivery warehouse shall be appointed by a futures exchange. The futures exchange may not restrict the total amount of the delivery (1) issuing any false warehouse bill; (2) violating the business rules of the futures exchange, or restricting the entering or leaving of the goods in the delivery warehouse; (3) divulging any business secret with respect to the futures trading; (4) participating in the futures trading that is in violation of the related provisions of the state; or (5) any other acts as provided for by the futures regulatory institution of the State Council. Article 40 Where any member has a breach of contract in futures trading, the margin of this member shall be used by the futures exchange for If a client has a breach of contract in futures trading, the margin of the client shall be firstly used by the futures exchange for Article 41 Where a futures exchange performs a graded member clearing system, it shall collect a sum of security from each of the clearing members Article 42 The completeness and safety of the futures trading, settlement and delivery materials shall be guaranteed by the clearing members Article 43 No false information about futures trading may be fabricated or spread by any entity or individual, nor may manipulate the futures Article 44 No entity or individual may use any credit fund or treasury fund for carrying out futures trading in violation of related rules. Where a banking financial institution conducts the financing or guaranty business regarding futures trading, the qualifications thereof Article 45 When conducting futures trading within or outside the territory of China, the state-owned or state controlled enterprises shall observe Article 46 The commerce competent authority of the State Council shall be in charge of the examination and verification of the varieties of The purchase, settlement, incomes and expenses of foreign exchange under the futures outside the territory of China shall comply with The measures for entities or individuals within the territory of China to conduct futures trading outside the territory of China shall Chapter V Associations of the Futures Industry Article 47 The associations of the futures industry shall be self-disciplinary organizations of the futures industry. They are mass organizations The futures companies and other institutions that conduct futures trading exclusively shall join an association of the futures industry Article 48 The authority of an association of the futures industry shall be the general assembly of the members thereof. The general assembly of the members thereof shall prepare for the articles of association of the association of the futures industry The association of futures industry shall establish a council, the members of which shall be elected in accordance with the articles Article 49 The following duties shall be performed by the association of the futures industry: (1) Organizing and educating the members to follow the laws, regulations and policies concerning futures; (2) Formulating industrial self-disciplinary rules that shall be observed by the members, surveilling and inspecting the members’ acts, (3) Taking |
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