China Securities Regulatory Commission On The Revision Of The Implementation Measures For The Freezing, Seizure Of China Securities Regulatory Commission's Decision

Original Language Title: 中国证券监督管理委员会关于修改《中国证券监督管理委员会冻结、查封实施办法》的决定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201109/20110900349558.shtml

China Securities Regulatory Commission on the revision of the implementation measures for the freezing, seizure of China Securities Regulatory Commission's decision

    (Released May 23, 2011 the 71st of the Securities Committee as of October 1, 2011), and adding a fifth section, as the fourth item: "investigation on suspicion of serious violations by the parties, and the places involved, account has been law enforcement investigations, or".

    Second, 11th in the "freezing, seizure notices" is amended as "notices relating to freezing or seizure".

    Modify the third, 12th and 13th to 12th, 13th and 14th, expressed as: "The 12th for the freeze, shall, in accordance with the relevant provisions, to assist the Executive Branch to produce written decision on freezing, freezing notice is served, and served on the parties in a timely manner after the freeze freeze decision. The Parties shall notify the control will be frozen in connection with the property on behalf of the holder.

    ” "Article 13th seizure shall be served on the parties in accordance with the relevant provisions of the seizure decision.

    Need assisted by the departments concerned, and shall serve a notice of seizure to assist in the implementation of Department. "After implementation of the seizure, shall draw up a list of field notes and attachment. Attachment list in duplicate, save by the parties and implemented individually.

    ”

    "14th freezing or seizure should be implemented by two or more law enforcement officers. "Law enforcement officials shall produce the freezing or seizure of valid documents.

    ”

    Four, 14th in the second paragraph of "investigator" is amended as "law enforcement officials".

    Five, 17th revised as follows: "frozen securities, the amount should be to freeze the implementation of a trading days after the close of market.

    "Frozen securities, the China Securities Regulatory Commission and its agencies can determine whether frozen securities limited sold. "Restricted securities to sell, the securities company or securities registration and clearing institution to assist in the implementation of the freeze.

    Freezing period, securities holders may submit requests to sell part or all of the frozen securities, deems it necessary to review by the requisitioning departments may terminate a sell limit and supervise security holders sold according to law, and funds transferred to the relevant fund accounts to be frozen. "Without limiting the securities sold, the stock control unit to assist in the implementation of the capital account of the company to freeze.

    During freezing, holders of securities may, in accordance with the sale of some or all of the frozen securities and funds transferred to the relevant fund accounts to be frozen.

    "Assist in the implementation of the freezing of securities companies should be sending information frozen securities registration and clearing institutions on that day. "Securities were frozen, are not permitted to go managed or transfer the specified shall not be mortgaged, pledged, right, are not permitted to transfer of ownership of non-trading may not be frozen. "Six, 21st is revised as follows:" the parties fails to perform the penalty decision, the China Securities Regulatory Commission may apply to a court for mandatory enforcement according to law freezing, seizure of property involved.

    ”

    This decision shall take effect on October 1, 2011.

    The China Securities Regulatory Commission to freeze, seal up implementation measures in accordance with this decision be revised and republished.

    Report: freeze on implementation measures for the seizure of China Securities Regulatory Commission 2011 (revised)

    (December 28, 2005 Chairman of the China Securities Regulatory Commission, the 169th Office meeting, on May 23, 2011, the China Securities Regulatory Commission on amendments to the China Securities Regulatory Commission to freeze, seizure of measures for implementation of the decision on amendments)

    First in order to protect the legitimate rights and interests of investors and parties, effectively investigate securities violations in a timely manner, regulate the freezing, seizure, maintain market order, according to the People's Republic of China securities law and related laws and regulations, these measures are formulated.

    Article II Agency of the China Securities Regulatory Commission and shall perform their duties, to frozen, seized the party in connection with illegal funds, securities and other property or in connection with important evidence.

    Article frozen, seized illicit funds, securities and other property or in connection with important evidence, must submit an application in accordance with the procedure as provided herein, reviewed by the Legal Department, and reported to the approval of the China Securities Regulatory Commission Chief, making decisions, notices, committed by law enforcement personnel.

    Fourth section case investigation department, the China Securities Regulatory Commission case departments and agencies in investigations of securities law, trial or execution, found one of the following may apply for freezing, seizure:

    (A) has transferred, concealed the illegal funds, securities and other property in connection with;

    (B) may transfer or conceal illegal funds, securities and other property involved;

    (C) have been concealing, forging or destroying important evidence;

    (D) may be concealing, forging or destroying important evidence;

    (E) other circumstances that need to be frozen in time, seizure.

    Fifth, one of the following circumstances, seen as a possible transfer or conceal illegal funds, securities and other property in connection with:

    (A) the parties involved I open the capital account and securities account or bank account or under the de facto control of bank account, securities account and funds account, and associated with financial accounts, securities accounts and illegal funds deposited in bank accounts, securities, some have been moved or hidden;

    (B) involved illegal funds, securities and other property that was reported has been or will be transferred, concealed or hidden clues and provide specific transfer;

    (C) through contractual agreements with other forms of proposed illegal funds, securities and other property in connection with the contract subject matter or to repay loans, to pay the contract price of nominal transfer of possession;

    (D) was to initiate an investigation on suspicion of serious violations by the parties, and the places involved, account has been law enforcement investigations, or;

    (E) there is evidence that transfer or conceal illegal funds, securities and other property in connection with signs.

    Sixth one under any of the following characteristics, as important evidence:

    (A) the investigation of the case has a significant impact;

    (B) qualitative have a key role in the case;

    (C) cannot be replaced or unique;

    (Iv) other important evidence. Seventh, China Securities Regulatory Commission investigation departments, departments and agencies need to implement the case when frozen, seized, shall submit an application and approved by the Department or agency primarily responsible, Legal Department review.

    Business regulators carry out regulatory duties in the required freezing and seizure measures shall be promptly informed of investigations section carries out the freezing, seizure.

    Article eighth frozen, seized the application shall set forth the following:

    (A) be frozen, seized the party's name or the name, address and other basic information;

    (B) the details of the application for the freezing, seizure, including property or evidence in connection with the name, code, quantity, price, address, etc;

    (C) the main illegal facts and reason for application for the freezing, seizure;

    (D) other matters of note.

    Nineth is responsible for reviewing applications for legal departments shall without delay handle the freezing, seizure, issued an audit opinion and make written decision on the freezing, seizure, mainly responsible for the approval of the China Securities Regulatory Commission.

    Article tenth freezing, seizure decision shall set forth the following:

    (A) be frozen, seized the party's name or the name, address and other basic information;

    (B) of the rationale and basis for freezing, seizure;

    (C) freezing, seizure of property or evidence of the name, quantity and duration;

    (D) ways of applying for administrative reconsideration;

    (E) the seal of the China Securities Regulatory Commission and the date. 11th written decision on the application, the approval by the requisitioning departments responsible for implementation.

    Departments shall draw up a notice of freezing of the freezing, seizure or seizure notice, the notice shall set out the following:

    (A) assistance in freezing, seizure of company name;

    (B) the legal basis for freezing, seizure;

    (C) freezing, seizure of property, or the name or address of the institution where the evidence;

    (D) freezing, seizure of property, or the name and amount of evidence;

    (E) the starting and ending time of the freezing, seizure;

    (Vi) other matters requiring description;

    (G) the seal of the China Securities Regulatory Commission and the date. 12th the freezing, shall, in accordance with the relevant provisions, to assist the Executive Branch to produce written decision on freezing, freezing notice is served, and served on the parties in a timely manner after the freeze freeze decision.

    The Parties shall notify the control will be frozen in connection with the property on behalf of the holder. Article 13th seizure shall be served on the parties in accordance with the relevant provisions of the seizure decision.

    Need assisted by the departments concerned, and shall serve a notice of seizure to assist in the implementation of Department. After implementation of the seizure, shall draw up a list of field notes and attachment.

    Attachment list in duplicate, save by the parties and implemented individually.

    14th freezing or seizure should consist of two or more law enforcement officers.

    Law enforcement officials in implementing the freezing or seizure should produce valid documents.

    15th field record shall contain the following particulars:

    (A) freezing, seizure of time and place;

    (B) the freezing, attachment of units and individuals;

    (C) units and individuals were frozen, seized;

    (D) assistance in freezing, seizure of entities or individuals;

    (E) freezing, seizure of specific issues, including property or evidence in connection with the name, code, quantity, price, address, etc;

    (F) the statements of the parties and representation;

    (VII) shall set forth the matters.

    List of field notes and signed or sealed by the parties, witnesses and law enforcement officials, the party was not on the scene, witnesses or parties refuse to sign or seal shall be indicated in the record.

    16th seizure may take the following way:

    (A) the seizure of movable property, shall be affixed on the movable seals or other sufficient publicity seize and appropriate manner;
(B) seizure of registered real estate, personal property and other property rights-specific should be displayed seal or notice, and inform the relevant registration authority registration procedures for seizure;

    (C) the seizure of unregistered real property, chattels and other property-specific, should be displayed seal or notice and inform the statutory registration authority;

    (D) seizure of important evidence, shall affix seals or other sufficient publicity seize and appropriate manner;

    (E) other legal way. Article 17th frozen, seized for a period of 6 months. Need to be extended due to special reasons shall be frozen, seized continues to freeze, seize formalities in the 10th before the expiration.

    Continue to freeze, seize the longest period of not more than 6 months.

    Outstanding handling continue to freeze, seizure procedures, considered the revocation, seizure.

    Article 18th frozen securities, the amount should be to freeze the implementation of a trading days after the close of market.

    Freezing of securities, the China Securities Regulatory Commission and its agencies can determine whether frozen securities limited sold. Restricted securities to sell, the securities company or securities registration and clearing institution to assist in the implementation of the freeze.

    Freezing period, securities holders may submit requests to sell part or all of the frozen securities, deems it necessary to review by the requisitioning departments may terminate a sell limit and supervise security holders sold according to law, and funds transferred to the relevant fund accounts to be frozen. Without limiting the securities sold, the stock control unit to assist in the implementation of the capital account of the company to freeze.

    During freezing, holders of securities may, in accordance with the sale of some or all of the frozen securities and funds transferred to the relevant fund accounts to be frozen.

    Assist in the implementation of the freezing of securities companies should be sending information frozen securities registration and clearing institutions on that day.

    The securities were frozen, are not permitted to go managed or transfer the specified shall not be mortgaged, pledged, right, are not permitted to transfer of ownership of non-trading may not be frozen.

    19th under any of the following circumstances, approved by the China Securities Regulatory Commission Chief, measures should be timely lifting of the freeze, seizure:

    (A) has completed its investigation, penalties;

    (B) upon verification, it has nothing to do with the case;

    (C) providing appropriate guarantees by the parties;

    (Iv) other circumstances that warrant the timely lifting of the freeze, seizure.

    Article 20th freezing, seizure of property of the amount should be illegal plot or adapted to the amount of the administrative penalty decision.

    Article 21st case after the investigation is completed, the parties of an unlawful act of crime need to be transferred to the public security organs, should be frozen, seized evidence, material to be transferred.

    22nd party fails to perform the penalty decision, the China Securities Regulatory Commission may apply to a court for mandatory enforcement according to law freezing, seizure of property involved.

    Article 23rd unfrozen, sealed up reference implementation of freezing and seizure procedures.

    24th a party refuses to accept the decision of the freezing, seizure can be validly applied to the China Securities Regulatory Commission on administrative reconsideration.

    During the administrative review, freezing, attachment measures do not stop execution, but any of the following circumstances, you can stop the execution:

    (A) the implementing departments need to stop execution and approval;

    (B) the application stops executing and approved by the parties;

    (C) the laws and regulations shall suspend execution.

    25th article does not process established by the freezing, seizure, causing significant damage to the legal property of the parties, shall be subject to compensation; the officer directly in charge of and directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 26th and facilitate the implementation by the parties refuses or obstructs the law enforcement officials of China Securities Regulatory Commission implementing measures on freezing, seizure, without resorting to violence or threat shall be given administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.

    27th article this way by the China Securities Regulatory Commission is responsible for the interpretation. 28th article of the rules implemented on January 1, 2006.