China Securities Regulatory Commission On Amendments To The Securities Market Into The Provisions Of The Decision Of The

Original Language Title: 中国证券监督管理委员会《关于修改〈证券市场禁入规定〉的决定》

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201506/20150600399247.shtml

  115th of the China Securities Regulatory Commission on amendments to the securities market into the provisions of the decision on March 2, 2015 79th President of China Securities Regulatory Commission Office will be examined and adopted, promulgated and take effect on June 22, 2015. On amending the provisions on the securities market into the decision, third paragraph (I) is revised as follows: "non-listed public company issuers, listed companies, directors, supervisors and senior management staff, other information disclosure obligation or other information disclosed to the obligations of the directors, supervisors and senior management staff.

” (B) be amended as: "issuers, listed companies, non-listed public company's controlling shareholder, actual control, or issuers, listed companies and non-listed public company's controlling shareholder, actual control of the directors, supervisors and senior management staff.



II, and fourth article modified for: "was China SFC take securities market ban into measures of personnel, in ban into during within, except shall not continues to in original institutions engaged in securities business or served as original listed company, and non-listed public company director, and prison thing, and senior management personnel positions outside, also shall not in other any institutions in the engaged in securities business or served as other listed company, and non-listed public company director, and prison thing, and senior management personnel positions. "Personnel securities market into the measures taken, shall be made on receipt of the China Securities Regulatory Commission's securities market into the decision to immediately cease to engage in securities business or suspend the performance of listed companies and non-listed public company directors, supervisors, senior management positions, and institutions according to the procedures provided for by their being banned from holding office.



Third, fifth paragraph (ii) amendment for the fifth section (b), (c), (d):

"(B) engaged in sponsorship, underwriting, asset management, financing and lending and borrowing of securities and other securities services business, persons with statutory responsibilities, did not fulfil their obligations under provisions of laws and administrative regulations, or the China Securities Regulatory Commission, and causing particularly serious consequences;

"(C) violation of laws, administrative regulations or relevant regulations of the China Securities Regulatory Commission, hide, make up an important fact particularly harsh means or the amount involved is especially huge; "(D) violation of laws, administrative regulations or relevant regulations of the China Securities Regulatory Commission, engaged in fraudulent issuance, insider trading, market manipulation and other violations, serious disorder the Securities and futures market and caused serious social impact, or get a huge illegal income, such as improper benefit amounts, or caused particularly serious damage to investors ' interests.

” Four, an additional, fifth paragraph (e): "the violation of laws, administrative regulations or relevant regulations of the China Securities Regulatory Commission, in serious cases, securities market should be taken into action, and there is the intentional submission of false important evidence, withholding or destroying important evidence, hinder, resist the securities regulatory bodies and their staff shall exercise supervision and inspection, investigation of authority behavior.

” V, an additional, fifth paragraph (vi): "for violation of laws, administrative regulations or relevant regulations of the China Securities Regulatory Commission, 5 years by China Securities Regulatory Commission has granted administrative punishments except the warning more than 3, or 5 years in the securities market has been taken into the measure.



Six, fifth paragraph (c) is replaced with the fifth part (g).

Section VII, fifth paragraph (d) is replaced with the fifth item (VIII).

This decision shall take effect on June 22, 2015.


The securities market into the corresponding changes in the regulations in accordance with this decision, republished.
  Securities market into the provisions

(On March 7, 2006 China Securities supervision Management Committee 173th times President Office Conference considered through, according to May 18, 2015 China Securities supervision Management Committee on modified straddling securities market ban into provides of decided Amendment) first article to maintenance securities market order, protection investors lawful rights and interests of and social public interests, promote securities market health stable development, according to People's Republic of China Securities method, legal, and administrative regulations, developed this provides.

Second, China Securities Regulatory Commission (hereinafter referred to as the China Securities Regulatory Commission) on the violation of laws, administrative regulations or the relevant responsible persons of the relevant regulations of the China Securities Regulatory Commission securities market into the measures taken, according to the facts, follow the principle of openness, fairness and justice.

  Article the following personnel who violate laws, administrative regulations or relevant regulations of the China Securities Regulatory Commission, and the circumstances are serious, the CSRC may, according to circumstances, serious degree, securities market into the measures taken:

  (A) issuers, listed companies and non-listed public company directors, supervisors and senior management staff, other information disclosure obligation or other information disclosed to the obligations of the directors, supervisors and senior managers;

  (B) the issuer, listing company and unlisted public company's controlling shareholder, actual control, or issuers, listed companies and non-listed public company's controlling shareholder, actual control of the directors, supervisors and senior managers;

  (C) the securities company's directors, supervisors, senior management and set up business departments, heads of branches in China or other securities;

  (D) securities company's controlling shareholder, actual control or the securities company's controlling shareholder, actual control of the directors, supervisors and senior managers;

  (E) securities services to boards of Directors, supervisors and senior managers of securities service business, such as personnel and actual control of the security services or security services who actually controls the directors, supervisors and senior managers;

  (F) securities investment fund managers, securities investment fund custodian of Directors, supervisors, senior management and internal business units, the principal of the branch office or other securities investment funds in China;

(VII) the China Securities Regulatory Commission found other violations of laws and administrative regulations, or the relevant responsible persons of the relevant regulations of the China Securities Regulatory Commission.

Fourth article was China SFC take securities market ban into measures of personnel, in ban into during within, except shall not continues to in original institutions engaged in securities business or served as original listed company, and non-listed public company director, and prison thing, and senior management personnel positions outside, also shall not in other any institutions in the engaged in securities business or served as other listed company, and non-listed public company director, and prison thing, and senior management personnel positions.

Personnel securities market into the measures taken, shall be made on receipt of the China Securities Regulatory Commission's securities market into the decision to immediately cease to engage in securities business or suspend the performance of listed companies and non-listed public company directors, supervisors, senior management positions, and institutions according to the procedures provided for by their being banned from holding office.

  Fifth article violation legal, and administrative regulations or China SFC about provides, plot serious of, can on about responsibility personnel take 3-5 years of securities market ban into measures; behavior bad, and serious disrupt securities market order, and serious damage investors interests or in major illegal activities in the up main role, plot more serious of, can on about responsibility personnel take 5-10 years of securities market ban into measures; has following case one of of, can on about responsibility personnel take lifelong of securities market ban into measures:

  (A) serious violations of the laws or administrative regulations or relevant regulations of the China Securities Regulatory Commission, constitutes a crime;

  (B) engage in sponsorship, underwriting, asset management, financing and lending and borrowing of securities and other securities services business, persons with statutory responsibilities, did not fulfil their obligations under provisions of laws and administrative regulations, or the China Securities Regulatory Commission, and causing particularly serious consequences;

  (C) violation of laws, administrative regulations or relevant regulations of the China Securities Regulatory Commission, hide, make up an important fact particularly harsh means or the amount involved is especially huge;

(D) violation of laws, administrative regulations or relevant regulations of the China Securities Regulatory Commission, engaged in fraudulent issuance, insider trading, market manipulation and other violations, serious disorder the Securities and futures market and caused serious social impact, or get a huge illegal income, such as improper benefit amounts, or caused particularly serious damage to investors ' interests;

(E) violation of laws, administrative regulations or relevant regulations of the China Securities Regulatory Commission, in serious cases, securities market should be taken into action, and there is the intentional submission of false important evidence, withholding or destroying important evidence, hinder, resist the securities regulatory bodies and their staff shall exercise supervision and inspection, investigation action;

(Vi) for violation of laws, administrative regulations or relevant regulations of the China Securities Regulatory Commission, 5 years was the China Securities Regulatory Commission has granted administrative punishments except the warning more than 3 times, or 5 years in the securities market has been taken into the measures;

(G) the Organization, planning, leadership or major violation of laws, administrative regulations, or the activities of the relevant regulations of the China Securities Regulatory Commission;

(VIII) any other violation of laws, administrative regulations or relevant regulations of the China Securities Regulatory Commission, the circumstances are especially serious.

Sixth violation of laws, administrative regulations or relevant regulations of the China Securities Regulatory Commission, if the circumstances are serious, you can separate to the responsibilities to take the securities market into measures and perhaps also administrative penalty according to law; a suspected crime, transferred to the public security organs, people's procuratorates in accordance with law, and at the securities market into the measures taken.

  The seventh under any of the following circumstances, the responsibilities can be given a lighter or mitigated or exempted from securities market into the measures taken:

  (A) the initiative to eliminate or mitigate harmful consequences for offences;

  (B) complex has performed meritorious service to investigate violations committed;

(C) violations of others, coercion, and voluntarily confesses his illegal acts; (d) can be given a lighter or mitigated punishment or be exempted from other securities market into the measures taken.

The eighth common violation of laws, administrative regulations or relevant regulations of the China Securities Regulatory Commission, securities market into the measures need to be taken, secondary responsibility of the personnel may, in comparison with persons should bear the main responsibility, appropriate a lighter or mitigated punishment or be exempted from securities market into the measure.

Nineth CSRC before the securities market into the measures taken, shall inform the securities market into the measures adopted by the parties, the reasons and basis, and shall inform the parties of a statement, and called for a hearing, the right to be heard.

Tenth has been banned for the same violations of the securities market at the same time be found guilty or administrative punishment, if its guilty judgments or administrative punishment decision is revoked or changed, thus affecting the securities market into the measure facts or legality, appropriateness, revoke or change the securities market according to law into action.

11th SFC securities market into the measures taken by the Chinese people, the China Securities Regulatory Commission will be announced to the public by the China Securities Regulatory Commission Web site or specified media, and credit has been identified as the integrity of the securities market into the archive.

12th the CSRC announced that individuals or units directly responsible for futures markets banned, you can refer to these provisions. The 13th article of the regulations come into force on July 10, 2006. March 3, 1997, the CSRC promulgated the provisional regulations on banning the entry into the securities market (Zheng Jian (1997), 7th) repealed simultaneously.