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保险机构投资者股票投资管理暂行办法 Provisional Regulations on Administration of Stock Investment of Insurance Institu

2009-03-24 法律英语 来源:互联网 作者:
ain business personnel engaged in stock investment shall be no less than 5.

  Article 52

  A person of any of the following cases shall not act as the senior managerial personnel or main business personnel of an insurance institutional investor responsible for stock investment:

  1. Having received a sentence for crimes including corruption, bribery, encroachment or misappropriation of property or sabotage of social economic order, etc.;

  2. Having received an administrative penalty or a sentence due to illegal activities including gambling, drug taking, going whoring and fraud;

  3. Senior managerial personnel of a company or enterprise that went bankcrupt due to poor management, who bore personal responsibility or immediate supervisory responsibility for the bankruptcy and it has been less than 5 years from the date of completion of the liquidation of the company or enterprise;

  4. Under investigation by judicial authorities, discipline inspection and supervision department or the CIRC;

  5. A person who has outstanding due debts of a large amount;

  6. A person prohibited by a financial regulatory authority from holding a position in financial institutions within a certain time limit and such time limit has not expired.

  Chapter 7 Supervision and Administration

  Article 53

  The CIRC and the CSRC shall conduct inspection of the stock investment of insurance institutional investors in accordance with their respective responsibilities.

  The CIRC may employ intermediaries including accounting firms to inspect the stock investment of insurance institutional investors.

  Article 54

  An insurance institutional investor shall submit the following report forms, reports or other documents to the CIRC in accordance with relevant stipulations:

  1. Benchmark for evaluating the performance of stock investment;

  2. Explanation of the calculation method and use of risk indexes;

  3. Relevant report forms of stock investment.

  The content and means of submittal of the report forms and reports specified in the preceding paragraph shall be separately stipulated by the CIRC.

  Article 55

  An insurance institutional investor shall disclose relevant information about stock investment in the manner specified by the CIRC.

  Article 56

  When carrying out stock investment, an insurance institutional investor shall abide by laws, administrative regulations and relevant stipulations of the State and accept the supervision and administration of their market trading conducts by the CSRC.

  Article 57

  Where an insurance institutional investor violates laws, administrative regulations or the CIRC's relevant stipulations, the CIRC may have regulatory conversations with or question relevant senior managerial personnel and main business personnel. Where the circumstances are serious, the CIRC may give a warning, fine or order the investor to replace relevant managerial personnel and main business personnel in accordance with the law.

  Article 58

  Where an insurance institutional investor violates laws, administrative regulations or relevant stipulations, the CIRC and the CSRC may impose administrative penalties on it.

  Article 59

  Where a stock asset custodian or a securities business institution specified in these Regulations violates laws, administrative regulations or relevant stipulations of the State, relevant regulatory authorities shall impose administrative penalties on it within the scope of their respective authority and supervision and administration responsibilities.

  Where the stock asset custodian and the securities business institution mentioned in the preceding paragraph violates these Regulations seriously, the CIRC may order the insurance institutional investor concerned to replace the stock asset custodian and securities business institution.

  Chapter 8 Supplementary Provisions

  Article 60

  The “day” mentioned in these Regulations refers to working day, excluding legal holidays.

  Article 61

  These Regulations shall come into effect from the date of promulgation

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