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Measures Of China Securities Regulatory Commission For Restricting The Sale Of Securities To Implement

Original Language Title: 中国证券监督管理委员会限制证券买卖实施办法

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(May 18, 2007, the China Securities Regulatory Commission announced come into force on the date of promulgation, 45th), first to maintain normal order in the market, protect the legitimate rights and interests of investors, effectively combating securities violations, according to the People's Republic of China Securities Law 180th seventh, the formulation of the approach.
    Second restricted securities trading refers to the China Securities Regulatory Commission (hereinafter referred to as the China Securities Regulatory Commission) in the investigation of market manipulation, insider trading and other major securities offences, the events under investigation the parties restricted trading account Securities Act restrictions.
    Measures to limit trading by the China Securities Regulatory Commission investigation departments (hereinafter referred to as investigation department) implementation.
    Third parties to a restricted account includes the events under investigation and actual control of the capital account and securities account and other accounts associated with the party.
    And party about of other account including: (a) has funds between of; (ii) funds access human same personnel or institutions of; (three) trading agent human same personnel or institutions of; (four) has turned managed or cross specified relationship of; (five) has mortgage relationship of; (six) by same regulatory agreement control of; (seven) Xia hanging with a or multiple shareholders account of; (eight) is same control people control of; (nine) survey sector through survey finds of other situation.
    Article fourth securities include: (a) shall not buy specified products, but allow to sell; (b) not sell specified products, but allows to buy and (iii) shall not buy or sell specified products; (d) shall not apply to managed or revoke the specified transactions; (e) investigators believe other restrictive measures to be taken. Fifth Investigations Department limits trading of securities may not exceed 15 days.
    In complex cases, approval may be extended for 15 days.
    Sixth survey departments to implement the measures shall be made of the limit/release applications for securities trading, examined by the Legal Department, mainly responsible for the approval of the CSRC.
    Seventh article limit/lifted limit securities sale applications should contains Ming following matters: (a) case; (ii) by limited account of basic situation; (three) take limit/lifted limit measures of reasons; (four) take limit/lifted limit measures of legal according to; (five) limit measures of main content, including by limited account name, and code, and limit varieties, and limit way and limit term.
    While, should with following material: (a) proved survey sector is on was survey event party of securities violations for survey of material; (ii) proved by limited account basic situation of material; (three) proved by limited account meet this approach third article provides of material; (four) survey sector think by limited account meet take limit/lifted limit measures of reasons of evidence.
    The restrictions/release securities trading application should be signed by the head of Investigation Department is mainly approval, seal.
    Eighth place restrictions on securities trading measures, investigation departments shall provide the securities exchanges, securities registration and settlement companies, securities institutions, assist in the implementation of restricted securities issued the restrictions/termination of notice of restricted securities.
    Nineth restrictions/release securities the sale notice shall set forth the following matters: (a) the basis and (b) restricted account, (iii) limit; (d) limit variety, (v) the period of limitation of (vi) assisting the Executive Unit. Tenth assist the institutions impose restrictions on trading should be required timely and effective implementation of restrictive measures.
    Limit expires, should be lifted.
    11th survey departments impose restrictions on securities trading should be informed of measures parties or a managed restricted account of securities institutions. The parties have the right to apply for reconsideration.
    The period of reconsideration, restricted securities measures do not stop execution.
    The 12th before the expiration of the period of limitation of, measures needed to lift the restrictions in securities trading, approved by the China Securities Regulatory Commission Chief, could be lifted.
    13th according to need, the Department concerned will be to announce the restricted securities trading.
    14th assist the institutions impose restrictions on trading without the required timely and effective implementation of restrictive measures and accountability in accordance with relevant legislation.
    15th according to prescribed procedures of the investigation departments implement measures restricting securities, shall be investigated for criminal responsibility.
                                                                                                                      16th these measures come into force on the date of promulgation.