关于审理证券市场因虚假陈述引发的民事赔偿案件的若干规定 Trial of Civil Compensation Cases Arising from False Representation in t

refer to a cut-off date stipulated for the purpose of limiting the compensation within the scope of loss incurred as a result of false representation， by deciding a reasonable time period for the calculation of loss after the false representation has been exposed or corrected. The base date shall be determined according

to the following respectively：

　　1. the date of exposure or correction of the false representation to the date on which the accumulated trading volume of the securities affected by the false representation reached 100% of the negotiable securities； but the trading volume of securities transferred by way of block-trade agreements shall not be included in the calculation.

　　2. the thirtieth trading day after the date of exposure or correction of the false representation if the date stated in the previous provision cannot be decided before the court hearing.

　　3. one trading day prior to the date on which the securities were delisted if the securities have already been withdrawn from the market.

　　4. one trading day prior to the date of suspension of the securities if trading in the securities has already been suspended； if trading has been resumed， the base date shall be determined according to Item （1） of this Article.

　　Article 34　The income from the period for which an investor held shares based on his shareholder status， including profit shares， bonus shares， shares obtained from conversion of common reserve funds， and shares of rights issue， additional share issue and assigned shares purchased by the investor with his funds during the period in which he held shares， shall not be offset against the amount of compensation paid by the party making the false representation.

　　Article 35　When calculating investment differential loss in the case of securities whose rights have been excluded， the price and quantity of securities shall be calculated as if the rights had been restored.

　　8. SUPPLEMENTARY PROVISIONS

　　Article 36　These Provisions shall be effective as of 1 February 2003.

　　Article 37　These Provisions shall take precedence over any provisions in the Questions Concerning the Acceptance of Civil Tort Dispute Cases Arising from False Representation in the Securities Market Circular issued by this Court on 15 January 2002 that are not in accord with these Provisions

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