PART TEN: SECURITIES REGULATORY AUTHORITY. ^ D* |) [9 R, H( a
Article 178: The State Council's securities regulatory authority shall regulate the securities market according to law. It shall safeguard the order of the securities market and ensure the lawful operation thereof.
" d8 y2 E4 q# J% g6 b. x+ U Article 179: The State Council's securities regulatory authority shall perform the following duties in the course of regulating the securities market:
0 R/ K6 T- y; ~ to formulate rules and regulations concerning supervision and administration of the securities market according to law and to lawfully exercise its right to carry out examination/verification and grant approval; to regulate according to law the offering4, listing, trading, registration, custody and clearing of securities; to regulate according to law the securities business activities of the issuers of securities, listed companies, securities companies, securities investment fund management companies, securities service organizations, stock exchanges and securities registration and clearing institutions; to formulate according to law the qualification standards and code of conduct for persons engaged in securities business, and to supervise the implementation thereof; to supervise and inspect according to law the disclosure of information in connection with securities offering4, listing and trading; to direct and supervise the activities of the Securities Association according to law; to investigate and deal with violations of laws and administrative regulations concerning the supervision and administration of the securities market according to law; and other duties specified in laws and administrative regulations. The State Council's securities regulatory authority may establish a regulatory cooperation mechanism with the securities regulatory authority of other countries or regions to implement cross-border regulation.
$ b! i* w, d2 Q6 {9 \4 }" l Article 180: When performing its duties according to law, the State Council's securities regulatory authority shall have the right to adopt the following measures:) K9 h8 C% K) n& A1 R- g/ R
to carry out on-site inspection on securities issuers, listed companies, securities companies, securities investment fund management companies, securities service organizations, stock exchanges and securities registration and clearing institutions; to enter the suspected site at which an illegal act has been committed to investigate and obtain evidence; to question the persons concerned and the work units and individuals connected with the event under investigation, and to require them to give explanations concerning matters connected with the event under investigation; to inspect and take copies of the materials connected with the event under investigation such as registration of property rights and correspondence records; to inspect and take copies of the securities trading records, records of registration of change in ownership, financial and accounting information and other relevant documents and information of the persons concerned and the work units and individuals connected with the event under investigation, and to seal up documents and information that might be transferred, concealed or destroyed; to examine the fund accounts, securities accounts and bank accounts of the persons concerned and the work units and individuals connected with the event under investigation, and, if there is evidence to substantiate signs that properties involved in the case such as illegally obtained funds or securities have been transferred or concealed or that the major evidence has been concealed, forged or destroyed, to freeze or seal up the same upon approval of the responsible person of the State Council's securities regulatory authority; and when investigating major illegal acts involving securities such as manipulation of the securities market and insider trading, the purchase and sale of securities of the party related to the event under investigation may be restricted upon approval of the responsible person of the State Council's securities regulatory authority, but the time limit of restriction may not exceed 15 trading days; where the case is complicated, it may be extended for 15 trading days. Article 181: When the State Council's securities regulatory authority carries out supervision, inspection or investigation during the lawful performance of its duties, the number of personnel responsible for supervision, inspection or investigation shall be no less than two, and they shall produce the legal documents and the letter of notification of supervision, inspection or investigation. Where there are less than two personnel responsible for supervision, inspection or investigation or the personnel fail to produce the legal documents or the letter of notification of supervision, inspection or investigation, the work unit under inspection or investigation shall have the right to refuse the inspection or investigation. |
发表于 2012-8-16 08:34:12
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