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Administrative Measures On Trading Places In Fujian Province

Original Language Title: 福建省交易场所管理办法

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Software management approach

(Adopted at the 22th ordinary meeting of the People's Government of Fford, 30 April 2014, No. 142 of the People's Government Order No. 142 of 4 May 2014)

Chapter I General

Article 1, in order to regulate transactions in the province, to prevent and address financial risks and to promote healthy development in the transaction sites, and to develop this approach in accordance with the relevant legislation and the decisions of the State.

Article II applies to transactions in the area of administration in this province and to the supervision of them. The State also provides for the provision.

This approach refers to the establishment in the administrative region of the province, which is approved by the Provincial People's Government, in accordance with the provisions of the Department of State, to the place of transactions in the types of interest, transactions in the largest commodity category, and their branches, except for the transaction where the physical transaction, such as vehicles, property, is involved.

Article 3. The Government of the province has established a coordination mechanism on risk management in the transaction sites, coordinating and promoting the management of the relevant administrations.

The people's governments in the districts, districts (markets, districts) are responsible for coordinating the management of the transaction sites in the current administrative area, with corresponding risk disposal responsibilities.

Article IV is an integrated management of the transaction sites responsible for regulatory work such as access management, supervision, risk disposal.

The commune government should designate a department (hereinafter referred to as the financial work agency) to be responsible for the day-to-day regulation of the transaction sites in this administrative area.

The Government of the People's Government (markets, districts) where there is a transaction area within the jurisdiction of the administration may designate a department (hereinafter referred to as the financial work agency) to oversee the inspection of the transaction sites in this administrative area.

In accordance with their respective responsibilities, other relevant administrations are governed by the operation of the transaction sites.

Article 5 transaction sites should operate in accordance with the law, autonomous, self-sufficient, self-confidence, self-binding, consistent with the principles of equity, justice and openness, and fulfil the integrity obligations of clients.

Chapter II Establishment, change and termination

Article 6 establishes new trading places and shall be submitted to the Government of the province for approval. No transactions in the transaction sites and their related activities shall be carried out without approval.

The new name uses the “sort” variety of transaction sites, and the Government of the Provincial People should seek the advice of the Department of State to clean up the inter-ministerial meetings of all types of transaction sites. Unless authorized, the business administration sector shall not register its business.

Article 7. The establishment of new trading places shall take the form of a corporate organization, in addition to consistent with the provisions of the People's Republic of China Companies Act, shall also have the following conditions:

(i) To meet the required registration capital requirements;

(ii) Directors, custodial, senior management and qualified practitioners with qualifications;

(iii) Sound organizational bodies, internal management and risk control systems;

(iv) Business premises, facilities, safety preventive measures and other necessary measures that are adapted to business operations;

(v) Other conditions under the law and regulations.

Article 8. The applicant shall apply for the establishment of a transaction room and shall submit the request for information to the Government of the people of the host city or to the relevant business administration sector of the provincial government. Following the first instance of the territorial Government of the People's Government or the Government of the Provincial People's Government regarding the operational administration sector, the Government of the province was approved.

In the province's area of administration, branches should be set up to the provincial people's Government, with the approval of the original approval body.

Article 9 allows the establishment of a transaction facility shall be completed within six months of the date of receipt of the re-entry document and, for exceptional reasons, shall extend the time frame for the construction of the construction, shall apply to the host district financial work agency for a maximum of six months.

The formal opening of the transaction area shall apply to the financial working institutions of the city where the relevant provisions are reviewed and are submitted to the provincial financial work agency.

Article 10. The transaction is free from the date on which the licence is obtained for more than six months, or after the start of the business sector, for more than six months.

Article 11. The transaction sites and their branches have one of the following changes, and, after the first instance of the city's financial work agency, the provincial financial work agency has been reviewed:

(i) Changes in name;

(ii) Registration of capital changes;

(iii) Adjustments to the scope of the operation, additions or changes in the type of transaction;

(iv) Changes in shareholders with more than 5 per cent of equity rights;

(v) Changes in directors, heads of prisons and other senior management;

(vi) Other major changes to the Constitution.

Changes in the place of transaction and its branches of residence or place of business are reviewed by financial institutions in the city of the location, and are reported to provincial financial work agencies.

Article 12 Terences terminated by disbandment should be communicated at least three months in advance to the customer and related parties concerned, to the provincial financial work agencies in a timely manner and to liquidation in accordance with the statutory procedures. After liquidation, the business administration should apply for write-off registration and the announcement company terminated.

Article 13 terminates on the basis of insolvency and shall be subject to insolvency clearance and the issuance of a notice of insolvency.

Chapter III

Article 14.

Article 15. The operation of the transaction sites and their branches shall be subject to the following provisions:

(i) No public distribution shall be made of any share of the rights and freedoms;

(ii) There shall be no combination of competitive prices, continuing competitive prices, e-conferencing, anonymous trade, and traders;

(iii) No entitlement shall be sustained by a fixed-term transaction in accordance with the standardized trading unit, and a period of time for investors to sell or sell the same transaction may not be less than five trading days;

(iv) The holder of the right shall not exceed 200;

(v) There shall be no standardization of transactions in a centralized manner;

(vi) No financial product transactions, such as insurance, credit, gold, shall be carried out without approval by the relevant financial management of the State.

Article 16 should establish a sound financial management system to record and reflect the financial situation of enterprises, business results and cash flows, as required by corporate accounting standards.

Article 17

Article 18 Registration, storage, settlement and receipt systems in the transaction area should have complete data safety protection and data backup measures to ensure the safety of registration, storage, settlement and receipt of information, and the period of storage of transactions, settlement, receipt of information should not be less than 20 years.

Article 19 transaction sites should conduct annual audits and submit annual reports on audit reports and operations to provincial and district financial institutions by 30 April each year.

The audit reports and annual reports submitted by transaction sites should be authentic, legitimate and effective.

Article 20 should disclose market information, such as transaction orders, on a regular basis market risk information, to be made available to society in an appropriate manner and to ensure that the information disclosed is authentic, accurate and complete.

Chapter IV Oversight management and risk control

Article 21 Financial work institutions in the province should establish a system of market access for sound transaction sites, as well as a day-to-day regulatory system, such as on-site regulation, on-site inspection, and establish a mechanism for regulatory coordination and information-sharing with the relevant administration.

Article 2 Financial work institutions in the province should conduct regular regulatory evaluation of the transaction sites and regulate the transaction sites in accordance with evaluation findings in the areas of market access, exit, non-site regulation and on-site inspection.

More than twenty-third financial institutions in the counties may investigate the services of financial institutions and brokering services organizations in accordance with the regulatory financial regulatory sector, the relevant business administration.

Financial institutions and intermediary service organizations provide services or facilitate conditions for violations, breaches of transactions, and, after verification by the financial regulatory sector and the related business administration, the provincial financial service may include them in an unusual list of business-related operations, inform the various transaction sites and make them available to society in a timely manner.

Article 24 Financial work agencies in the province are responsible for the development and improvement of statistical monitoring systems in the transaction sites. Financial work institutions in the area should compile data on the main operating indicators for local transaction sites in accordance with the relevant provisions.

Article 25 Financial work agencies above can take on-site inspections on the basis of factual circumstances, replication documents and information, access to physical, interview, query, requests for clarifications on relevant matters.

The transaction sites should be regulated by law in conjunction with the financial work institutions of the district, without denying, impeding and concealing.

Article 26 Industrial self-regulation organizations in the transaction sites should play their full role in the self-regulation, rights, services, etc. of industry organizations, conduct statistics, studies, organize membership exchanges, organize training and training for practitioners, managers and cooperate with the relevant administration.

Article 27 of the transaction is to extract a risk reserve in accordance with the relevant provisions. The risk reserve should be accounted separately, with exclusive storage, with a specified balance of a certain amount, and may no longer be removed after approval by the provincial financial service agencies.

Provincial financial work agencies can adjust the proportion of the risk reserve, in accordance with the risk of liability and prudential regulatory needs of the transaction sites.

Article 28 should establish risk control systems, such as risk alerts, risk disposal, and emergency response scenarios for emergencies, reporting to provincial, district-based financial institutions.

Article 29 of the provincial financial work agency is responsible for the integrated and coordinated management of risk disposal in all types of transaction sites, which guides risk prevention and disposal in the relevant business administration and in the municipalities.

The authorities of the business administration and the communes should work on risk disposal in accordance with their respective responsibilities and territorial management principles.

Chapter V Legal responsibility

Article 30, in violation of article 6 of this approach, provides that, without the approval of the Provincial People's Government, there is an unauthorized establishment of a transactional place, which will be examined by the provincial financial institutions in accordance with the law.

Article 31, in violation of article 15 of this approach, stipulates that the transaction sites and their branches are in breach of business activities and are subject to an administrative order of the provincial financial service and a fine of up to 200,000 dollars.

Article 32, article 9, paragraph 2, article 11, article 27, paragraph 1, and article 28, provides that the transaction is one of the following cases, which is being converted by the provincial financial work agency or by the establishment of regional financial institutions; that the period of time has not been changed, with a fine of over 3,000 dollars.

(i) The unauthorized start-up;

(ii) Unauthorized changes;

(iii) No provision for the extraction and management of risk reserves, as prescribed;

(iv) No risk control regime and emergency response clearance cases have been developed.

In violation of articles 17, 18 and 20 of this approach, the transaction is one of the following cases, and the period of time has been changed by the financial work agency of the district, where the delay has not been changed, with a fine of over 3,000 dollars:

(i) No member or customer funds are stored in commercial banks with corresponding qualifications;

(ii) No information shall be maintained for the specified period;

(iii) There is no timely disclosure of market information.

Article 34, in violation of article 19, paragraph 1, of the present approach, provides that the transaction sites do not submit the annual report on the audit and operational performance, which is being converted by the provincial financial work agency or by the establishment of regional financial institutions; and that they have not been restructured by a fine of over 1,000 dollars.

Article XV, in violation of the provisions of this approach, stipulates that the provisions of the law, legislation and regulations have been penalized, shall be liable under the law for the loss of property, which constitutes an offence and shall be criminalized by law.

Annex VI

Article XVI provides that provincial financial institutions may establish rules based on this approach.

Article 37 of this approach is implemented effective 1 July 2014.