数据更新时间:2016-01-13 13:54 天津4月份天气历史记录
(December29,1998theNinthNationalPeople#39;
Securities Industry Association is the 162nd Article of the securities industry self-regulatory organizations, corporate social groups.
(A) result of the violation or violations have been relieved of his duties of the Stock Exchange, securities registration and settlement institutions or securities companies, directors, supervisors, managers, has been relieved of his duties from the date not exceeding five years;
91st article in the acquisition of listed companies, the acquisition of holdings by the acquisition of shares of listed companies, after the completion of the acquisition may not be transferred within six months.
The acquisition of the 83rd article in accordance with the provisions of the preceding article submitted to the acquisition of listed companies from the date of the report on the 15th, the announcement of its offer.
Chapter II of securities issued
(D) any company as a result of the job can get information about the staff of the Securities and Exchange;
(Vi) Any other violation of the true meaning of customer that the interests of the damage to customers.
152nd securities registration and settlement institutions should take the following measures to ensure the proper conduct of business:
Stock Exchange should be the 112th article of the transaction retention bond, risk funds deposited in special bank account shall not be used without permission.
The state shall encourage the 44th in line with the industrial policy in line with market conditions at the same time, the company's stock exchanges.
Article 136th registered capital of securities companies is lower than the corresponding provisions of this Law to engage in the business requirements, and by the State Council Securities Regulatory agencies withdraw their approved scope of the business.
(A) securities accounts, settlement accounts of the establishment;
Chapter I General Provisions
(E) two consecutive losses recently.
(B) the establishment of a sound business, financial and security management system;
119th State classification of the securities management companies, securities firms into an integrated securities firms and brokers by the State Council Securities Regulatory agencies issued in accordance with its business license classification.
Prohibition of stock, securities companies, securities registration and settlement institutions, securities trading service agencies, social institutions and their employees in intermediaries, the Securities Industry Association, Securities Regulatory agencies and their staff, in the securities trading activities in the making of false statements or misleading information.
Chapter IX of the Securities Industry Association
The issuer shall not file notice before the public offering to raise the issue of securities.
Securities companies should be added to the Securities Industry Association.
(C) or the proportion of shares held to meet the statutory increase or decrease in the proportion of change to meet the statutory date.
154th securities registration and settlement agency should be the establishment of the settlement risk fund, and deposited into a special account designated banks. Settlement risk fund for technical failures, operational errors caused by force majeure, securities registration and settlement institution losses.
Article 63rd issuers, underwriters of the securities company prospectus announcement, the company raised debt solution, financial accounting reports, listing the report documents, annual reports, interim reports, interim report, the existence of false records, misleading statements or major omissions, with the result that Investors in the Securities and Exchange suffered losses, issuers, underwriters of the securities companies should bear the liability of issuers, underwriters of the securities company responsible for directors, supervisors, managers should assume joint and several liability.
(B) to apply for listing of the shareholders of the General Assembly resolution;
Forty-second Article stipulates that the former shareholders, will they hold shares of the company within six months after buying to sell, or sell and buy within six months, which the proceeds go to the company , to take back the company's board of directors should be shareholders of the proceeds. However, due to the underwriting of securities companies to buy the remaining shares held after more than five per cent of shares, not sell the stock when the time limit of six months.
Stock can be the 98th of the cost of discretionary income, it should be used first of all securities transactions to ensure that their premises and facilities and the gradual improvement of the normal operation.
(B) the parties and was asked to investigate the case of the units and individuals were required to investigate the case with matters relating to explain;
(Vii) the acquisition of the necessary funds and guarantee funds;
(Vi) the actual issuance of corporate bonds amount.
(B) the Board of Directors resolution to apply for listing;
213th article for the company's shares outside the territory of persons, institutions and subscription to foreign currency transactions, the specific provisions by the State Council separately.
(D) the development of the Member shall comply with the rules, organization members of the professional training of employees to carry out business exchanges among its members;
Article thirty-ninth issue of audit reports issued shares, assets evaluation report and other documents or legal opinion of the professional institutions and personnel, in the equity underwriting during the period and after the expiration of six months, should not purchase or sell the stock.
166th article of the State Council Securities Regulatory agencies in accordance with the law on the implementation of the supervision and management of the securities market, securities market to maintain order, protect their legitimate operation.
193rd securities companies, securities registration and settlement institutions and their employees, without the client's commission, trading, embezzlement, loan securities account customers or clients for the pledge of securities, or misappropriation of clients account funds shall be ordered to rectify, confiscate the illegal income, punishable by five times the illegal income more than doubled following a fine and ordered the closure or suspension of the responsibility of officers of their qualification certificates. Constitute a crime, be held criminally responsible.
Stock Exchange article on exchange of securities transactions, real-time monitoring, and in accordance with the State Council Securities Regulatory bodies of unusual transactions to report.
(C) the sale of the advisory body to provide services shares of listed companies;
(J) significant legal proceedings involving the company, the court revoked general meeting of shareholders in accordance with the law, the Board resolution;
Article XIX of stock issued in accordance with the law, the publisher of business and revenue changes, from the responsibility of the issuer; resulting changes in the investment risk caused by the investors themselves.
(C) securities information collected, the provision of services for members;
147th established securities registration and settlement agencies, should meet the following requirements:
208th to be violence, the threat of methods Securities Regulatory agencies impede the exercise of supervision and inspection functions in accordance with the law, and shall be held criminally accountable; refused, hindered the supervision and management of securities institutions and their staff to exercise supervision and inspection in accordance with the law did not mandate the use of violence, threats, methods , in accordance with the Administrative Penalties for Public Security Ordinance punishment.
(C) The directors, supervisors, managers and senior managers of the Introduction and its shareholdings;
54th Article of corporate bonds listed on stock exchange transactions consent application,发行人应when trading in corporate bonds listed on the 5th of the notice of corporate bonds listed on the report, approval documents and the listing application documents, and maintain the application documents to the designated place for public inspection.
Article 129th comprehensive securities companies to operate securities business the following:
(B) in accordance with the law on securities, transaction, registration, hosting, billing, conduct supervision and management;
(A) The minimum amount of registered capital of 500 million yuan;
185th article in violation of this Law, securities trading and misappropriation of public funds, and the confiscation of illegal income, in addition to five times the illegal income more than doubled fine; Those who work should also be given administrative punishment according to law. Constitute a crime, be held criminally responsible.
Article X public offering of securities must comply with the laws and administrative regulations of the conditions and reported in accordance with the law by the State Council Securities Regulatory agencies or departments authorized by the approval of the State Council, or approval; without approval or approval in accordance with the law and no unit or individual shall not be issued to the public securities.
57th article of the State Council Securities Regulatory agencies may authorize the suspension or termination of the Stock Exchange in accordance with the law or corporate bonds listed on the stock.
Listed companies in addition to the 48th article provides that notice before the listing application documents should also notice the following:
(H) laws and administrative regulations of other duties.
Article published to the nominal value of the securities of more than 50 million yuan, it should be by the underwriting syndicate. Should be made by the syndicate involved in underwriting and securities underwriting companies.
(A) in accordance with the law relating to the securities market supervision and management of the development of regulations, rules, and approval in accordance with the law or the exercise of authority;
Sixty-second article of listed companies that may have a greater impact on stock prices, while investors are not yet available when a major event, listed companies should be immediately relevant to the events of the State Council Securities Regulatory agencies and stock exchanges to submit interim report, and to notice that the substance of the incident.
Government bond issuance and trading, by laws and administrative regulations provided otherwise.
75th article in the securities trading, misappropriation of public funds to prohibit any person from dealing in securities.
(A) agent client to engage in securities investment;
Article professional securities investment consulting agencies, the business credit rating agencies must have expertise in securities and engaging in securities business for more than two years experience. Engaging in securities business, that its eligibility criteria and management practices, by the State Council Securities Regulatory agencies.
(Ix) the company owned by the merger, separation, dissolution and the decision to file for bankruptcy;
(B) the purchaser's decision on the acquisition;
50th article of the company to apply for its issuance of corporate bonds traded, must be reported by the State Council Securities Regulatory agency approval.
Securities issued by non-law, should not purchase or sell.
(C) shares of the company's holding company senior management;
In charge of the 114th Article of the Stock Exchange and other practitioners with the Securities and Exchanges in the implementation of the duties, where their relatives or their own interest, should be avoided.
Securities trading fees and management fees by the State Council on the management of uniform provisions.
This article on the 212th customer transactions settlement funds to implement the provisions of the steps stipulated by the State Council separately.
Securities can not be loaned to others in the use of self-accounts.
(Vii) supervision of the conduct of its members to check on the violation of laws and administrative regulations of the Association or, in accordance with the disciplinary regulations;
132nd consolidated securities brokerage companies are required to be separated from business and business for self, business, and financial accounts should be separate from the operation shall not be mixed.
Article 186th securities companies in violation of this Law, in order to sell customers their accounts are not real securities or financing for customers to buy securities, confiscate the illegal income, impose a fine of illegal trading of securities of equivalent value. Directly responsible for the executive officers and other personnel directly responsible for warning, and subjected to three million yuan less than 300,000 yuan fine. Constitute a crime, be held criminally responsible.
117th established securities companies must be approved by the State Council Securities Regulatory bodies for examination and approval. Without the State Council Securities Regulatory approval shall not engage in securities business.
(F) Members of the Organization on the development of the securities industry, operation and the contents of the study;
116th article in the Stock Exchange of personnel engaged in securities transactions in violation of the relevant Stock Exchange rules, disciplinary measures should be taken by the Stock Exchange; of the circumstances are serious, the revocation of their eligibility to prevent the admission of securities transactions.
The issuer in the preceding paragraph is not on schedule or notice of its listing documents submitted to the report by the Securities Regulatory agencies shall order corrective action and imposing on the issue of more than 100,000 yuan 50,000 yuan fine.
Article 194th Securities brokerage business managers to accept the discretionary clients trading in securities or trading in securities of customers or revenue loss compensation for the trading of securities pledged shall be ordered to correct, shall be punished by more than 50,000 yuan 200000 yuan fine.
(A) the company's operating principles and major changes in business scope;
Article 189th Stock Exchange, securities companies, securities registration and settlement institutions, securities trading service agencies, social intermediaries and their employees, or the Securities Industry Association, Securities Regulatory agencies and their staff, in activities to the Securities and Exchange false statements or misleading information, and shall order corrective action and sentenced to more than 200,000 yuan 30,000 yuan fine; Those who work should also be given administrative punishment according to law. Constitute a crime, be held criminally responsible.
第七十一条prohibit any person from obtaining the following shift the risk of improper or interests:
Article twenty-eighth issue of shares to issue to take a premium, and its issue price by the issuer and the underwriters of the securities companies in consultation, the State Council for approval of securities regulatory bodies.
Authority, the Securities Industry Association on the grounds of membership of all members of the General Assembly.
Article IX of the Stock Exchange of national audit institutions, securities companies, securities registration and settlement institutions, securities supervision and management institutions, audit supervision in accordance with the law.
95th article is to provide the Securities Exchange auction market place that focus on not-for-profit corporation for the purpose.
Article of the acts of the acquisition of a listed company after the acquisition should be on the 15th will be acquired in the report of the State Council Securities Regulatory agencies and stock exchanges, and to notice.
Chapter XII Supplementary Provisions
(A) access to illegal sites of investigation and evidence collection;
Article Stock Exchange in its name must be marked with the word Stock. Any unit or individual shall not use the name of the Stock Exchange or similar.
Article 109th emergencies affecting the normal operation of securities trading, the stock suspension can take technical measures; due to the sudden force majeure events or to safeguard the normal order of the Securities and Exchange, Stock Exchange may decide temporary stop City.
Securities registration and settlement institution charter, business rules should be formulated in accordance with the law, and are subject to the securities supervision and administration of the State Council for approval.
Any person who has become the persons listed in the preceding paragraph, the shares already held, the transfer must be in accordance with the law.
Thirty-sixth were not allowed to be engaged in financing to its customers or securities margin trading activities.
Article 135th securities companies are legally entitled to manage their rights, their legitimate business without interference.
(E) of the State Council Securities Regulatory agencies other matters.
Article six securities companies or self-commissioned, the date of purchase of securities, shall not be re-sold the same day.
Article 140th securities companies to accept the trading of securities on commission, it should be in accordance with instructions set out in the name of the securities, the sale of the number of bidding methods, such as price range, in accordance with the rules of agents dealing in securities transactions; trading after closing, it should be produced in accordance with the provisions of the sale transaction report of a single customer delivery.
Securities companies are required to be the 120th in its name indicate the limited liability company or securities Securities Co., Ltd. words.
40th Article of the Securities and Exchange charges must be reasonable, and public fees, charges and charging arrangements.
Chapter V Stock Exchange
Article 38th Stock Exchange, securities companies, securities registration and settlement institutions are required by law to open a customer account by confidentiality.
(E) the company suffered a major loss or the net assets of more than 10 percent more than a great loss;
(D) for the parties to investigate the case and with the relevant units and individuals of funds accounts, securities accounts, on the evidence or to hide or transfer of illegal funds, the Securities signs, they can apply to freeze the judiciary.
Dissolution, in accordance with the law have been ordered shut down or declared bankrupt by the Stock Exchange to terminate the listing of corporate bonds, they shall be reported to the State Council Securities Regulatory agencies record.
(Vi) production and management company of the external conditions for major changes;
159th Article of securities investment consulting agencies employees shall not engage in the following acts:
Securities companies from the 128th article of the after-tax profits each year to extract transaction risk reserve to cover the loss of securities transactions, the specific proportion of its extraction by the State Council Securities Regulatory bodies.
124th article of the foreign securities company shall not exceed its total liabilities, net assets of the provisions of a multiple of its total current liabilities exceeded its current assets may not be a certain percentage of the total; their specific multiples, ratio and management practices, by the State Council Securities Regulatory bodies.
Securities Industry Association 163rd article of the constitution by the members of the General Assembly to develop, they shall be reported to the State Council Securities Regulatory agencies record.
60th Article of stock or corporate bonds traded company, it should be in the first half of each fiscal year from the date of the end of months, to the State Council Securities Regulatory agencies and stock exchanges to submit the following records of the interim report, and to notice :
(Vi) legal opinions and recommendations of securities companies;
Article twenty securities firms underwriting securities, should be signed with the issuer or the underwriting agreement to sell, set out the following:
The following information is an insider information:
(A) of its own funds of not less than 200 million yuan;
161st article for the issuance of securities, or securities trading activities of listed audit reports issued, assets evaluation report and other documents or legal opinions of professional organizations and personnel must be in accordance with the rules of practice issued by the report of the working procedures, issued by their the contents of the report's authenticity, accuracy and completeness of verification and validation, and part of its responsibility jointly and severally liable.
According to the law approved by the thirty-second article of the publicly traded stocks, corporate bonds and other securities, should be in the Stock Exchange.
(D) engaging in securities business, according to the development of qualifications standards and codes of conduct and supervise the implementation;
Thirty-third article of securities in the Stock Exchange, the focus should be an open auction transactions.
Twenty-ninth article either directly or indirectly, domestic enterprises to issue securities abroad or outside of its publicly traded securities must be approved by the securities supervision and administration of the State Council for approval.
64th article in accordance with the laws and administrative regulations of the notice must be made, it should be stipulated in the relevant departments at the national press or in a special publication of the communique published at the same time to maintain a home in the company, the Stock Exchange for public inspection.
Company before the 56th Article, paragraph (a), (d) above, one case of serious consequences verified or former clause (b), (c), (e) above circumstances, the deadline can not be eliminated by the State Council Securities Regulatory agency decided to terminate the listing of corporate bonds.
(F) as a result of a statutory duty to participate in securities trading agency or social securities registration and settlement institutions, securities trading services to the relevant staff;
Referred to in the preceding paragraph the following major events:
(Viii) the acquisition of listed companies submit the report by the holders of shares of the acquired company and the number of the company's shares have been issued by the proportion of the total.
Acquired in the preceding paragraph shall also be provided for the acquisition of the report submitted to the Stock Exchange at the same time.
Before implementation of this Act in accordance with administrative regulations and the financial administration of the State Council approved the establishment of the provisions of the securities institutions and not in full compliance with the provisions of this Law, and should be achieved within the deadline stipulated in the requirements of the provisions of this Law. Specific approach for implementation as otherwise provided by the State Council.
Co., Ltd. to apply for the forty-third of its stock be publicly traded, must be reported by the State Council Securities Regulatory agency approval.
Were not allowed to exceed the approved scope of business operation of the securities business and other businesses.
(H) of the State Council Securities Regulatory agencies such other duties as entrusted.
Stock Article 7 should be the focus for the organization of a fair bid to protect transactions, real-time publication of the Securities and Exchange market, trading day and the production of the stock market prices, be made public.
Article 176th underwriting securities companies or agents without authorization or approval of the sale of securities issued without authorization from the Securities Regulatory agencies to be banned, confiscate the illegal income, in addition to five times the illegal income more than doubled fine. Directly responsible for the executive officers and other personnel directly responsible for warning, and subjected to three million yuan less than 300,000 yuan fine. Constitute a crime, be held criminally responsible.
Securities Regulatory agencies of the State Council in accordance with the findings of violations of the securities of the punishment decision made should be open.
(B) is not within the set time provide customers with written confirmation of the transaction documents;
(F) of the Securities Industry Association's activities in accordance with the law for guidance and supervision;
In addition to the preceding paragraph shall, for the audit reports issued by listed companies, asset evaluation report and other documents or legal opinion of the professional institutions and personnel, since the listed companies to accept the date of commission until after the publication of these documents within five days, should not purchase or sell the stock.
Article XV of the State Council Securities Regulatory agencies responsible for approval in accordance with the statutory requirements to apply for shares issued. Approval process should be open, accept supervision in accordance with the law.
Article one hundred and twenty first securities company to establish a comprehensive, must meet the following requirements:
167th article of the State Council Securities Regulatory agencies in the implementation of the supervision and management of the stock market perform the following duties:
(Vii) the most recent prospectus.
Article 138th brokerage securities companies must be open to customers, respectively, of securities and capital accounts, and customer delivery of the securities and capital share by household management, accurately record the transaction may not be the making of false records.
Chapter VII of the securities registration and settlement institutions
(C) the issued shares, changes in corporate bonds;
Issued in accordance with the law第三十一条stocks, corporate bonds and other securities, the legal transfer of its restrictive provisions of the period, for a limited period of time, should not purchase or sell.
Article 113th Securities Exchange in accordance with the laws and administrative regulations focus on the development of securities transactions in a specific auction rules, the development of members of the stock exchange management regulations and stock exchange business rules practitioners, they shall be reported to the securities supervision and administration of the State Council for approval.
Chapter X Securities Regulatory agencies
(D) to the shareholders of the important issues considered by the General Assembly;
Article 198th after the establishment of securities companies, is not justification for more than three months opened, or opening their own business after more than three consecutive months, the company registration authority to revoke the business license of the company.
(E) supervision and inspection in accordance with the law the issue and trading of securities in public information;
(B) Trust and the transfer of securities;
(Vi) the duration of the acquisition, the acquisition price;
(A) or through a separate conspiracy to concentrate capital, ownership or use of information superiority advantage of joint or consecutive trading, manipulation of prices of securities transactions;
Chapter III of the Securities and Exchange
(A) company profile;
137th article in the securities trading, securities trading agent customers, intermediaries engaged in the business of securities companies have a legal personality for the securities dealers.
第四十一条Co., Ltd. holds a five per cent of the issued shares of the shareholders, should be reached in the amount of its holdings, the proportion of within three days from the date of the report of the company, the company must report the date of receipt of the three days to the State Council Securities Regulatory bodies; is listed companies should report to the Stock Exchange.
Article 130th securities brokers allow only the securities brokerage business specializing in.
Chapter IV of the acquisition of listed companies
(C) corporate bonds to raise funds not by the approving authority in accordance with the approved purposes;
191st consolidated securities company violates the provisions of this Law, under the guise of another person or the name of self-employed individuals engaged in business shall be ordered to rectify, confiscate the illegal income, in addition to five times the illegal income more than doubled fine; serious and put an end to its self-employed business.
(D) the company failed to a major settlement of debt and significant debt maturity default;
Investors to open accounts through its sale of securities, securities companies should be entrusted to the use of market or limit order.
Article Fifty-third to apply for publicly traded corporate bonds by the State Council Securities Regulatory agency approval, the发行人应when the approval documents to the Stock Exchange and the former provides the relevant documents.
Article XVIII of the State Council Securities Regulatory agencies or departments authorized by the State Council have been made or approved the decision of approving the issuance of securities, found not complying with the laws and administrative regulations and should be removed; has yet to issue securities, and stop issuing; have been issued securities holders will be allowed to increase in accordance with the issue price and accrued interest on bank deposits over the same period, request the return of the issuer.
(F) for the above business-related inquiries;
Securities Regulatory agencies, stock exchanges, underwriters of the securities companies and relevant personnel of the company in accordance with the laws and administrative regulations of the notice must be made in the notice shall not reveal its contents before.
(Vii) the company's chairman, more than one third of the directors, or managers are subject to change;
Article 143rd securities companies may not in any way the proceeds of the sale of client securities or securities transactions for compensation for loss of commitment.
Article 37th Stock Exchange, securities companies, securities registration and settlement agency employees, the securities supervision and management of agency staff and the laws and administrative regulations to prohibit other persons to participate in stock trading, during his term of office or within the statutory time limit shall not directly or by a pseudonym, by held in the name of others, the sale of shares, and shall not receive gifts of stock to others.
169th article of the State Council Securities Regulatory agency staff perform their duties in accordance with the law, to carry out supervision and inspection or investigation, should be to produce relevant documents, and aware of the relevant units and individuals have a confidential trade secret obligations.
(D) by the State Council Securities Regulatory agencies in other approved securities business.
第六十一条shares or corporate bonds traded company, it should be the end of each fiscal year from the date of four months, to the State Council Securities Regulatory agencies and stock exchanges to submit the following records of the annual report, and to the Notice:
Securities Industry Association set up the Council of the 165th article. Members of the Council in accordance with the provisions of the statute by the election.
Article 47th to apply for stock market transactions agreed to by the Stock Exchange, the listed companies should be traded on the 5th Notice of approved shares of the relevant documents, and will maintain the document at the designated place for public inspection.
Information on the securities issued in accordance with the law before the public, shall not be open source or any of the information leak.
(D) other methods to manipulate the price of the Securities and Exchange.
Article XII of the issuer in accordance with the law to apply for public offering of securities of the application documents submitted by the format, submitted to the way approved by or in accordance with the law is responsible for approving the provisions of the agencies or departments.
The third issue of securities, trading activities, must be open, fair and just principle.
(A) of corporate bonds over a period of one year;
170th article of the State Council Securities Regulatory agency staff must be devoted to their duties, in accordance with the law, fair and honest, must not use their positions to seek illegitimate interests of convenience.
(C) the establishment of sound risk management systems.
171st section of the State Council Securities Regulatory agencies perform their duties in accordance with the law, the inspection, investigation units and individuals should be with, truthfully provide relevant documents and information, and may not refuse, obstruct and cover up.
(A) has the necessary equipment and the services data to improve security measures;
(C) the registration list of securities holders;
177th article in accordance with the provisions of this Law, with the approval of publicly traded securities, the issuer is not in accordance with the relevant provisions of the disclosure of information, the disclosure of information or false records, misleading statements or major omissions, and by the Securities Regulatory agencies shall order corrective action and imposing on the issue of 600,000 yuan more than 300,000 yuan fine. Directly responsible for the executive officers and other personnel directly responsible for warning, and subjected to three million yuan less than 300,000 yuan fine. Constitute a crime, be held criminally responsible.
Investors holding a listed company's issued shares of 5% after the Securities and Exchange Stock, held by the listed company of its issued shares or reduce the proportion of each additional five per cent in the preceding paragraph shall be in accordance with the provisions of reports and bulletins. During the reporting period and to report two days notice and no further trading of the shares of listed companies.
(C) the company's major changes in ownership structure;
This law shall be the 214th July 1, 1999 will come into effect
(December 29, 1998 the Ninth National People's Congress Standing Committee adopted at the sixth meeting December 29, 1998 Decree of the President People's Republic of China announced its 12th since July 1, 1999 will come into effect)
Article XXI of securities companies should be in accordance with the law and administrative regulations to the issuer underwriting public offerings of securities. Securities underwriting business approach taken by the underwriters or dealers.
第七十七条Stock Exchange, securities companies, securities registration and settlement institutions, securities trading service agencies, social intermediaries and their employees of the Securities and Exchange found in prohibited transactions, it should be a timely manner to the securities regulatory agency.
(E) the company's main asset of business with mortgage, sale or disposal of an more than 30 percent of the assets;
Stock Exchange established the 96th charter must be developed.
72nd prohibits national staff, news media professionals and associated personnel and dissemination of false information up, seriously affecting the Securities and Exchange.
Five years and the 200th Securities Regulatory bodies and the issue of an audit committee composed of staff, failure to perform the duties of the provisions of this Law, corruption, dereliction of duty or deliberately make things difficult for the relevant parties shall be given administrative punishments. Constitute a crime, be held criminally responsible.
123rd article or revoke the securities company to establish a branch, change the scope of business or the registered capital, change the articles of association, merger, separation, change or dissolve the company must be approved by the securities supervision and administration of the State Council for approval.
Article 183rd SEC staff informed insider information or illegal access to insider information, the Securities and Exchange staff, in relation to the issuance of securities, transaction, or other securities have a major impact on the price of information has not been made public before buying or selling the securities, or disclosure of information or the recommendations of the sale of the securities of others, and ordered in accordance with the law dealing with illegal access to the securities, confiscate the illegal income, in addition to more than double to five times the illegal income or the illegal buying and selling of securities following a fine equivalent. Constitute a crime, be held criminally responsible.
Article XVI of the State Council Securities Regulatory agencies or departments of the State Council authorized the issuance of securities should be accepted since the application documents within three months from the date of the decision; not approved, or approved, it should be an explanation.
Article 126th violations or violations, was expelled from the Stock Exchange, securities registration and settlement agencies, securities firms, was expelled from the practitioners and staff of state organs shall not be recruited for the employees of securities companies.
Securities issued for the relevant documents issued by professional institutions and personnel, must be strictly statutory duty to ensure the authenticity of documents it issued, the accuracy and completeness.
There is a 57th Company Law Article provides that the case or one of the following cases shall not be held responsible Stock Exchange:
Article 24th securities underwriting securities companies should be to raise public offering documents for authenticity, accuracy, integrity verification; found in false records, misleading statements or material omissions, and shall not conduct sales activities; have been sold and must be an immediate halt to sales activities, and to take corrective measures.
Article 122nd securities brokerage minimum amount of registered capital 50 million yuan; key management personnel and operational staff must have qualifications of the securities business; have a fixed place of business of trading facilities and qualified; have a sound management system.
At the same time, the 200th article of securities companies in securities brokerage and securities self-employed business, do not separate the process in accordance with the law, mixed operations, shall order a correction, confiscate illegal income, in addition to five times the illegal income more than doubled the following penalties; the circumstances are serious, Securities Regulatory agencies from the original approved revocation of securities business.
(C) the company to apply for listing of its bonds are still not complying with the statutory conditions of corporate bonds issued.
Securities Regulatory agency staff to carry out insider trading, shall be punished severely.
第二十条the issue of new shares of listed companies should comply with the Companies Act relating to the conditions of issue of new shares can be raised to the public can also apply to shareholders to subscribe.
第八十一条through the stock exchange of securities transactions, a holding of a listed company's issued shares of 30 percent, the continued acquisition, it should be in accordance with the law to all shareholders of listed companies issued offer. However, the State Council Securities Regulatory agencies issued from other than the offer.
(A) of the stock allowed to date in the Stock Exchange;
(C) misappropriation of clients commissioned by the sale of securities or funds on client account;
Article 46th to apply for shares traded by the State Council Securities Regulatory agency approval, the发行人应when the approval documents to the Stock Exchange and the former provides the relevant documents.
The audit committee issued by the State Council Securities Regulatory agencies and the professionals employed by the institution composed of outside experts in order to vote on stock issuance to apply for a vote, the audit opinion.
Issued an audit committee composed of the specific approach, the composition of the term of office, working procedures by the State Council Securities Regulatory agencies have developed, the State Council for approval.
(A) of this Act set out in a major event in the second paragraph of Article Sixty-second;
Securities registration and settlement institutions should be based on the results of the securities registration and settlement, securities holders to confirm the fact that holders of securities to provide registration information security holders.
(G) of the State Council Securities Regulatory agencies other staff.
Be the 76th state-owned enterprises and state-owned asset holding company, the transaction may not be listed on stock speculation.
(A) the names of the parties, shelter and legal representative of the name;
Aware of the 70th article of the Securities and Exchange informed staff inside information to illegally obtain insider information, or other persons shall not be held to buy or sell securities of the company, or disclosure of information or the recommendations of the sale of the securities to others.
The concentration of the Securities and Exchange bid price should be the priority, time priority principle.
Company's Board of Directors is not in accordance with the provisions of the first paragraph, with the result that the company suffered damage, the responsible director to assume joint and several liability in accordance with the law.
Zero to two 200th issue of securities, or securities trading activities of listed audit reports issued, assets evaluation report and other documents or legal opinion of the professional bodies, should be responsible for the content of their fraud, and illegal income confiscated, in addition to illegal income five times more than double the fine, by the relevant competent departments shall order the closure, suspension of direct responsibility for personnel qualification certificates. Losses, and assume joint and several liability. Constitute a crime, be held criminally responsible.
(C) entered into important contracts, the contract may be the company's assets, liabilities, rights and interests and have a major impact on operating results;
145th Article of the employees of securities companies in the securities trading activities, according to their own securities companies took advantage of his position of command or transaction in violation of the rules of the respective securities companies take full responsibility.
Six years and the 200th in violation of this Law, issue, underwriting of corporate bonds, authorized by the State Council departments in accordance with this law be the 175th, 176th, the 200th of the two zero penalties.
State Council Securities Regulatory agencies may be established in accordance with the needs of sending agency, in accordance with the mandate to fulfill duties of supervision and management.
133rd prohibits non-bank funds flowing into the stock market.
Securities registration and settlement institutions should ensure that holders of securities and registration of the transfer roll records true, accurate, complete, and shall not be forged, altered, destroyed.
Article VI of the securities industry and banking, trust, insurance separate operation, sub-sector management. Securities companies and banks, trusts, insurance institutions set up.
209th Article of the securities issued in accordance with this law, trade law of the illegal income confiscated and a fine, all turned over to the state treasury.
Article 172nd State Council Securities Regulatory agencies in accordance with the law regulations, rules and supervision and management system should be open.
Securities companies in the distribution, underwriting period for the dealers, underwriters should ensure that the securities be sold to subscribers, were not allowed to be reserved in advance by the Company to sell securities and pre-purchased and retained by the underwriters of the securities.
(H) of the State Council Securities Regulatory agencies found that the price of the Securities and Exchange has a significant influence of other important information.
Be the 78th listed company to acquire or offer to take the way of the acquisition agreement.
73rd article in the securities transactions, the prohibition of the securities company and its employees engaged in the following damage to the interests of fraud customers:
111th Article of the Stock Exchange should be charged from the transaction costs and membership fees, membership fees to extract a certain percentage of the amount of the establishment of venture funds. Risk Management Fund, administered by the Stock Exchange Council.
207th article in violation of this Law shall bear civil liability and to pay a fine, fine, its property is not sufficient to pay at the same time, the first to bear civil liability.
(B) shares held by the name, number;
65th article of the State Council Securities Regulatory bodies for listed companies annual reports, interim reports, interim reports and notice of the monitoring of listed companies or the placing of new shares allocated to monitor the situation.
87th Article of the expiration of the period offer, the acquisition of the holders of shares of the acquired company has reached the total number of issued shares of more than 90 percent, still holding the remaining shares of the acquired company shareholders the acquisition of the right people to offer the same conditions of the sale of its shares, the acquisition should be acquired.
(E) between members, between members and clients for mediation of disputes;
Securities companies, directors, supervisors, managers and operational staff may not be in other part-time positions in securities companies.
(C) in accordance with the law on securities issuers, listed companies, stock exchanges, securities companies, securities registration and settlement institutions, securities investment fund management institutions, securities investment consulting agencies, credit rating agencies, as well as engaging in securities business, law firms, accounting firms, asset evaluation institutions in securities business activities, carried out the supervision and management;
(C) the names of the companies acquired;
Stock Exchange, the shares should be received from the issuer of the preceding paragraph shall submit a document six months of the date, arrange for the stock exchanges.
Fifty-eighth article of the State Council Securities Regulatory bodies approved to issue stock in accordance with the law, or authorized by the State Council approval to issue corporate bonds in accordance with the law, in accordance with the provisions of the Companies Act, it should be notice of a prospectus, the company raised debt approach. In accordance with the law the issue of new shares or corporate bonds should also be financial accounting report announcement.
The second in China, stocks, corporate bonds and the State Council in accordance with the law of the other identified the issue and trading of securities of this Law shall apply. The provisions of this Act is not applicable to the Companies Act and other laws and administrative regulations.
(A) contrary to the commission for the sale of customer securities;
(Vii) the acquisition of listed companies on the program;
Article 175th statutory authority, without approval or authorization to issue securities, or the production of false documents to issue securities issued shall be ordered to stop distribution, and processing refunds Proceeds accrued interest on bank deposits over the same period, in addition to the recruitment of illegal the amount of funds for more than 1 percent below the 5 percent penalty. Directly responsible for the executive officers and other personnel directly responsible for warning, and subjected to three million yuan less than 300,000 yuan fine. Constitute a crime, be held criminally responsible.
Securities settlement risk fund raising, management practices, by the State Council Securities Regulatory agencies in the State Council, the provisions of the financial sector.
Commissioned by customers trading in the securities, whether or not the transaction, records should be commissioned by the deadline set, stored in securities companies.
Article focused on the three to participate in bidding to enter the Stock Exchange transactions must be with the Stock Exchange membership of the securities company.
(E) the acquisition of shares is scheduled to detail the name and the amount of the acquisition of shares;
Section I General provisions
(C) inspection and copying by the parties to investigate the case of the units and individuals related to the Securities and Exchange records, registration of transfer of ownership, financial accounting information and other relevant documents and information; may be transferred or concealed the documents and information can be archived ;
(B) the company's financial accounting reports and operating conditions;
Article XIV of the State Council Securities Regulatory agencies set up to issue an audit committee review of stock issued in accordance with the law to apply.
Article 160th professional securities investment consulting agencies and credit rating agencies, the State Council shall, in accordance with the provisions of the management standards or to collect their fees and charges services.
196th article in violation of the securities company and its employees the provisions of this Law, a private client to accept the sale of securities, confiscate the illegal income, in addition to five times the illegal income more than doubled fine.
84th article in the validity of offer, the acquisition shall not withdraw its offer.
Securities and Exchange in the 74th article, the ban on corporate name of an individual account, the sale of securities.
Securities underwriting is the issuer of securities companies will be in accordance with the agreement of all the securities purchased or in the underwriting after the end of the remaining securities will be purchased on its own underwriting all means.
Stock Exchange, the establishment and dissolution of the decision by the State Council.
(D) of the Securities and Exchange Stock Exchange clearing and settlement;
第八十五条offer made in terms of the acquisition, the acquired company for all shareholders.
173rd article of the State Council Securities Regulatory agencies perform their duties in accordance with the law and found that suspected criminal violations of the securities, the case should be transferred to judicial organs.
Through the 79th article of the Securities and Exchange Stock Exchange, a listed holding company has issued five per cent of shares should occur in the fact that within three days from the date of the State Council Securities Regulatory agencies, stock exchanges to make written report, notify the listed company, and announce it; in the above-mentioned time limit set and no further trading of the shares of listed companies.
(E) verification by the statutory agencies to verify the company or companies of the past three years since the establishment of financial and accounting reports;
(A) issuing shares or corporate bonds of the company directors, supervisors, managers, deputy manager and senior management;
Article 180th laws and administrative regulations prohibit the participation of the staff stock directly or alias, held in the name of by others, the sale of shares shall be ordered in accordance with the law dealing with illegal possession of the shares, the confiscation of illegal income, in addition to the sale and purchase of stocks fine equivalent; Those who work should also be given administrative punishment according to law.
(B) of companies involved in major litigation matters;
(D) of the company business license;
Chapter VI Corporation
First in order to regulate the issue and trading of securities, to protect the legitimate rights and interests of investors, the maintenance of socio-economic order and social public interests, promote the development of the socialist market economy, the development of this law.
(B) collusion with others, to a pre-agreed time, price and manner of dealing in securities with each other or each other does not hold the sale of the securities, the impact of the Securities and Exchange price or trading volume of securities;
153rd securities registration and settlement institutions should keep a proper record of registration, custody and settlement of the original certificate. Important to the preservation of the original certificate of not less than two decades.
(A) the name of the purchaser, shelter;
(B) Holders of the company for more than five per cent of shareholders;
184th Article第七十一条Any person who contravenes the provisions of this Act, the Securities and Exchange price manipulation, or manufacturing false Securities and Exchange prices or the volume of securities transactions, access to benefits or shift the risk of improper and illegal income confiscated, in addition to a law more than doubled from below five times the fine. Constitute a crime, be held criminally responsible.
(A) result of the violation or violations have been relieved of his duties of the Stock Exchange, securities registration and settlement institutions or securities companies, directors, supervisors, managers, has been relieved of his duties from the date not exceeding five years;
(B) The result of the violation or violations of the cancellation of qualified lawyers, certified public accountants or legal asset evaluation agencies, certification bodies of the professionals, since the cancellation of eligibility from the date not exceeding five years.
Taken to the 89th article of the agreement means the acquisition, the purchaser may, in accordance with laws, administrative regulations and the shareholders of the acquired company in order to carry out share transfer agreement.
(C) key management personnel and operational staff must have qualifications of the securities business;
Zero-200th of a false document or other fraudulent means to conceal the important fact that the securities business license fraud, or securities firms trading in the securities of serious offenses, no longer qualified business by the securities supervision and management of institutions to cancel its securities business license, and ordered to close.
Article twenty-second public offering of securities of the issuer the right to choose in accordance with the law of the securities firms underwriting. Securities may not be a means of unfair competition to attract the securities underwriting business.
(C) Articles of Association;
(E) of the State Council Securities Regulatory agencies other matters.
Be taken to the 88th form of tender offer to acquire in the offer period may not be an offer to take the form of provisions and conditions of the offer beyond the sale of the acquired company's stock.
The purposes of this Act before the 211th article in accordance with administrative regulations have been approved in the Stock Exchange in accordance with the law of the securities to continue trading.
148th securities registration and settlement institutions perform the following functions:
Securities registration and settlement agencies in the name of the securities registration and settlement should be marked with the words.
Securities companies to sell securities, it should be in the distribution after the expiration of the fifteen days, together with the issuer to sell securities case will be reported to the State Council Securities Regulatory agencies record.
Trade practices prohibited by the fourth quarter
(G) according to the law in violation of the securities market supervision and administration of laws and administrative regulations for the conduct investigated and dealt with;
(C) dealers, underwriters and the dates of the period;
Article IV of the issuance of securities trading activity of the parties have equal legal status, should comply with the voluntary and paid, the principle of good faith.
Article 188th fabricated and the impact of the Securities and Exchange disseminate false information, disrupt the Securities and Exchange market, punishable by more than 200,000 yuan 30,000 yuan fine. Constitute a crime, be held criminally responsible.
Article 199th securities companies in violation of this Law, beyond the scope of the business conduct of securities business license shall be ordered to rectify, confiscate the illegal income, in addition to five times the illegal income more than doubled fine. In serious cases, order the closure.
Article 127th of state organs and the laws and administrative regulations of the ban on part-time in the company of others who may not be in a securities company in part-time job.
(A) listed on the report;
115th Article of the transaction in accordance with the law established rules of the transaction, shall not change the results of their transactions. Violation of trade transactions should be exempt from civil liability; in violation benefit transactions, in accordance with relevant regulations.
(B) key management personnel and operational staff must have qualifications of the securities business;
(Vi) the company's directors, supervisors, managers, manager or other senior management personnel to assume significant damage and possible legal liability;
(K) laws and administrative regulations of other matters.
Chapter XI liability
Notice the 59th article of the company stock or corporate bond issuance and listing documents to be true, accurate, complete, and no false records, misleading statements or material omissions.
Customer accounts are opened, must be in possession of proof of identity of Chinese citizens or legal personality of the Chinese legal documents.
66th article of the State Council Securities Regulatory agencies have a major offense, or do not have the other listed companies listed on the conditions of cancellation of the listing of qualifications, it should be timely notice.
Listed companies to issue stock Proceeds will be required to use the prospectus included in the use of funds. Change the use of funds listed in the prospectus must be approved by shareholders' general meeting. Permission for change of use not correct, or not approved by shareholders' general meeting shall not issue new shares.
(B) self-employed securities business;
(D) the acquisition of the purpose;
Article 155th securities clearing risk fund management should be special.
Securities companies to buy securities entrusted client funds must be some real money account to pay, may not be financing transactions for customers.
Departments of the State Council authorized the company to apply for approval to issue bonds, in the light of the provisions of前二款.
Thirty-fourth article of the Securities and Exchange parties the sale of securities can be used in paper form or the State Council Securities Regulatory agencies in other forms.
142nd securities brokerage companies, shall be received by the customer's discretionary decision to the trading of securities, select the types of securities, the number of decisions or the trading price of the sale.
Be the 210th person to Securities Regulatory agencies or departments authorized by the State Council, not satisfied with the decision of punishment, you can apply for reconsideration in accordance with the law, or in accordance with the law directly to the people's court proceedings.
(E) corporate bonds to raise approach;
Fund specific risk ratio and use by the State Council Securities Regulatory agencies in the State Council, the provisions of the financial sector.
(C) a fixed place of business of trading facilities and qualified;
Stock Exchange listed companies should disclose information to carry out supervision, supervision of listed companies according to a timely and accurate disclosure of information.
By agreement to acquire a listed company, the agreement to be acquired in the purchase agreement within three days to the State Council Securities Regulatory agencies and stock exchanges to provide a written report and be published.
(B) the actual issuance of corporate bonds of not less than the amount of 50 million yuan;
Article 4 of investors in the securities companies should be open securities trading accounts, in writing, telephone and other means, to entrust their accounts of securities companies trading securities on their behalf.
,
(责任编辑:天气预报网)