关于证券公司开展集合资产管理业务有关问题的通知 Issues Relevant to the Engagement in Collective Asset Management Business by
2009-03-24 法律英语 来源:互联网 作者: ℃The securities company and the custodian bank shall perform information disclosure obligations in accordance with the provisions of the Trial Procedures and this Circular. If, in the course of operation of the collecti
ve asset management scheme, there is a change in the personnel in charge of investment or promotion agency, large amount of withdrawal or other event that may have a significant impact on the continued operation of the collective asset management scheme, the securities company shall report the relevant details to the CSRC and the CSRC agency at its place of registration in a timely manner, and disclose the same to its clients.
(3) Extension, Dissolution or Termination of Collective Asset Management Schemes
If a securities company intends to extend the term of a collective asset management scheme upon expiration, it shall, at least three months prior to the expiration of the term, submit an extension application to the CSRC and the CSRC agency at its place of registration with the application materials as those required for application for establishment of collective asset management schemes, and provide a statement on the operation status of the collective asset management scheme for which an application for extension of term is applied since its establishment. If the collective asset management scheme has been operating well with no violation of laws or regulations, and still fulfils the criteria for establishment of collective asset management schemes, the term may be extended upon the verification and approval of the CSRC.
If a securities company intends to terminate or dissolve a collective asset management scheme, it shall report the matter to the CSRC and the CSRC agency at its place of registration at least one month in advance, and shall report the relevant details to the CSRC and the CSRC agency at its place of registration within five working days of the termination or dissolution of the collective asset management scheme.
(4) Daily Regulation
The CSRC agencies shall strengthen supervision and inspection on the establishment, promotion and operation of collective asset management schemes within their jurisdiction, and shall be responsible for setting up special files for collective asset management schemes established by the securities companies within their jurisdiction, urging the relevant securities companies and custodian banks to submit quarterly client asset management business reports according to schedule, maintaining on-going regulation of the matters of collective asset management schemes such as investment operation, information disclosure and client services. In the event of a major occurrence, the matter shall be reported to the CSRC and circulated to the relevant CSRC agencies in a timely manner.
The CSRC agency at the place of registration of a securities company shall communicate and coordinate on the relevant regulatory matters in a timely manner with the CSRC agency at the place of promotion of the relevant collective asset management scheme.
The CSRC agencies shall handle in accordance with the law unauthorized collective money management activities or other activities in violation of the provisions of the Trial Procedures or this Circular conducted by securities institutions within their jurisdiction, and shall report the relevant details to the CSRC in a timely manner.
5. Responsibilities of Stock Exchanges, Securities Registration and Clearing Institutions and the Securities Association
Stock exchanges and securities registration and clearing institutions shall supplement and improve the business rules for collective asset management business of securities companies in accordance with the provisions of the Trial Procedures and this Circular, strengthen regulation of the collective asset management business activities of securities companies on matters such as account opening, investment transaction, repurchase business, information disclosure, and custody and clearing, and shall conscientiously safeguard against potential risks in the operation of such business. In the event of a major occurrence, the matte
r shall be reported to the CSRC and circulated to the CSRC agency at the place of registration of the securities company in a timely manner. The securities company and the custodian bank shall submit the relevant materials as required by stock exchanges and securities registration and clearing institutions.
The Securities Association shall, in accordance with the provisions of the Trial Procedures and this Circular, strengthen self-regulation and industry guidance on engagement in collective asset management business by securities companies, stop acts of unfair competition in the collective asset management business activities of securities companies, and track and record the operation of collective asset management business of securities companies.
21 October 200
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