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证券公司客户资产管理业务试行办法 Client Asset Management Business of Securities Companies Trial Procedures

2009-03-24 法律英语 来源:互联网 作者:
d to rectify the matter, and a warning and a fine shall be imposed.

  Warnings and/or fines shall be imposed on the directly responsible personnel in charge and other directly responsible personnel. If the case is serious, their securities business qualifications shall be revoked in accordance with the law.

  Article 68 If the client asset management business of a securities company is suspended by the CSRC for violation of laws and regulation in its operation or for non-compliance of its relevant financial indexes with the provisions of the CSRC, no new asset management contract may be concluded during the period of the suspension. I

f the qualifications for client asset management business of the securities company is revoked by the CSRC in accordance with the law, the securities company shall cease asset management activities and handle the matters in relation to termination of contracts in accordance with Article 56 hereof.

  PART SIX SUPPLEMENTARY PROVISIONS

  Article 69 For the purposes of these Procedures, the term “custody” means the taking of clients' assets into custody and the handling of such matters as interest registration, title transfer, funds transfer and supervision of operation in relation to such assets by an asset custodian institution upon entrustment of a securities company and its clients.

  For the purposes of these Procedures, “relationship of affiliated parties” bears the meaning of the same term in the Ministry of Finance, Enterprise Accounting Guidelines – Disclosure of Relationships and Transactions Between Affiliated Parties.

  Article 70 The qualifications for entrusted investment management business of a securities company verified and approved by the CSRC prior to the implementation of these Procedures shall continue to be valid, and shall automatically become qualifications for client asset management business as of the date of implementation of these Procedures.

  Article 71 If the entrusted investment management business conducted by a securities company prior to the implementation of these Procedures does not comply with the relevant provisions hereof, such business shall be regulated according to these Procedures.

  Article 72 Other institutions approved by the CSRC to engage in client asset management business shall handle matters in accordance with these Procedures.

  Article 73 These Procedures shall be implemented as of 1 February 2004. The Regulating the Entrusted Investment Management Business of Securities Companies Circular (Zhengjian Jigou Zi [2001] No. 265) and the Issues Relevant to Securities Companies Engaging in Collective Entrusted Investment Management Business Circular (Zhengjian Jigou Zi [2003] No. 107) of the CSRC shall be simultaneously repealed

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