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国家外汇管理局关于境内居民投资境内上市外资股有关问题的补充通知 Supplementary Circular of the State Administration of Foreign Exchan

2009-03-24 法律英语 来源:互联网 作者:
nging, and with the approving documents about its rearrangement or title changing produced by relevant authorities.

  (5) For those trust companies that have the Legal Person Permission of Financial Institutions, when the security sales departments of which opening the B-shares security account in the domestic commercial bank, they may use the Legal Person Permission of Financial Institutions instead of the Permission for Engagement in the Foreign Exchange Business, at the same time, they shall provide the copies of the Legal Person Permission of Financial Institutions and the Certificate for Managing the Foreign-funded Stock of the parent company. The opening of the B-shares security account by the securities institutions and their sales departments mentioned above do not need the pre-examination of the State administration of foreign exchange. Other securities institutions without the Certificate for Managing the Foreign-funded Stock and their branches may not engage in any foreign exchange business including the B-shares brokering.

  7. The qualification of the banks and their branches for the operation of the B-shares business Those banks that have the right to open B-shares security accounts for the securities institutions shall conform to the following conditions:

  (1) They shall be approved by the People's Bank of China to operate the business of foreign exchange deposit and foreign exchange remittance.

  (2) They shall be able to meet the request of clearing time limit of the B-shares trading, which is T+3 at present.

  8. The statistics of the foreign exchange account

  (1) Starting from February, the banks shall add the "307 B-shares Security Account" to the item "Total Capital Account" of the Statistics Report of the Foreign Exchange Account submitted to the foreign exchange bureaus, for the purpose of making statistics of the remaining sum and its changing in the B-shares security account of the securities institutions.

  (2) During the period between Feb 26, 2001 and June 1, 2001, all the head bank of domestic-funded designated foreign exchange b

anks shall fax every week to the Department of International Income and Expenses under the State administration of foreign exchange the remaining sum at the beginning of the period and at the end of the period in the foreign exchange account of the individual domestic resident of the whole bank system, and the telephone number is 010-68402301,the fax number is 010-68402303.

  9. The banks shall strengthen the examination of the transfer of the foreign capital of individuals, and shall forbid "depositing public money in the name of individuals", that is, investing the capital of institutions in the B-shares market to gamble in the name of individuals; they shall also forbid individuals to make use of various pay orders, such as the foreign currency credit card or the bank bill, etc., to transfer foreign exchange for laundering or for evasion or arbitration of exchanges; for those who illegally trade in exchanges, who engage in the B-shares trading through illegal channel or using illegal capital, or who commit evasion or arbitration of exchanges, the banks shall report in time to the foreign exchange administrations.

  10. With a view to helping all banks develop this business successfully and to guaranteeing the smooth running of the B-shares investment by the individual domestic resident, the State administration of foreign exchange will set up consulting hot lines at the head office, from Feb 24, 2001, to answer questions brought up by all parent commercial banks, all head offices of the securities institutions and all branches of the foreign exchange bureaus. The telephone number is:010-68402181, and the everyday consulting time is 8:00-19:00. At the meanwhile, all branches of the foreign exchange bureaus will provide the same consulting services. If the branches of all commercial banks, the branches of all securities companies or the individual residents have questions or suggestions, they shall connect with the local foreign exchange bureaus. All parent banks are expected to inform their own subordinates of this circular, and to urge them to stick to those provision

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