Interim Measures for the Supervision and Administration of Credibility of Securities and Futures Markets (Revised in 2014)
Interim Measures for the Supervision and Administration of Credibility of Securities and Futures Markets (Revised in 2014)
Interim Measures for the Supervision and Administration of Credibility of Securities and Futures Markets (Revised in 2014)
Order of the China Securities Regulatory Commission No.106
September 5, 2014
(Adopted at the 14th Chairman's Executive Meeting of the China Securities Regulatory Commission on April 10, 2012 and revised in accordance with the Decision on Revising the Interim Measures for the Supervision and Administration of Credibility of Securities and Futures Markets of the China Securities Regulatory Commission on September 5, 2014)
Chapter I General Provisions
Article 1 The Interim Measures for the Supervision and Administration of Credibility of Securities and Futures Markets (Revised in 2014) (hereinafter referred to as the "Measures") are enacted in accordance with the relevant laws and administrative regulations in order to strengthen the credibility development of securities and futures markets, protect the lawful rights and interests of investors and maintain the order of securities and futures markets to promote the healthy and stable development of securities and futures markets.
Article 2 The China Securities Regulatory Commission (hereafter referred to as the "CSRC") shall establish nationally unified Database of Securities and Futures Markets Credibility Archive (hereafter referred to as the "Credibility Archive") to record the credit information of securities and futures markets.
Article 3 The Measures apply to the identification, collection and management of the credit information entered into the Credibility Archive, the publicity and enquiry of credit information, as well as the credibility constraints, incentives and guidance.
Article 4 When engaging in the activities on the securities and futures markets, citizens (natural persons), legal persons and other organizations shall observe in good faith the laws, administrative regulations and rules, as well as the disciplinary rules formulated in accordance with the law. It is prohibited to engage in fraud, insider transactions, market manipulation, and other dishonest activities jeopardizing the lawful rights and interests of investors.
Article 5 The CSRC encourages and supports honest citizens, legal persons and other organizations engaging in the activities on the securities and futures markets, as well as provides credibility constraints, incentives and guidance.
Article 6 The CSRC may establish the cooperation mechanism of credibility supervision with other departments of the State Council, local governments, judicial organs and industrial organizations, carry out the strategy of credit information sharing as well as promote and improve the social credit system.
Chapter II Collection of Credit Information
Article 7 The credit information of the following citizens, legal persons and other organizations engaging in activities on the securities and futures markets shall be entered into the Credibility Archive:
1. securities practitioners and futures practitioners;
2. issuers, listed companies and their directors, supervisors, senior executives, major shareholders and actual controllers;
3. securities companies, fund management companies, futures companies and their directors, supervisors, senior executives, major shareholders and actual controllers;
4. accounting firms, law firms, institutional sponsors, financial consulting agencies, assets evaluation agencies, investment consulting agencies, credit rating agencies and other securities and futures service providers and their staff members;
5. independent fund sales institutions, fund evaluation institutions and their relevant business personnel, non-public offer fund managers, qualified foreign institutional investors, qualified domestic institutional investors and their major investment managers, and representative organizations and chief representatives of overseas securities institutions in China;
6. suppliers engaged in providing information technology service or hardware and software products for the securities and futures industries;
7. service organizations and their personnel engaged in providing investor relations management service and other public relation services for issuers and listed companies; and
8. other citizens, legal persons and organizations who have records of illegal or dishonest conduct related to activities on the securities and futures markets.
Article 8 For the purpose of the Measures, credit information includes:
1. name, gender, nationality and identity certificate number of citizens, or name, domicile, organization code and other basic information of legal persons or other organizations;
2. commendations, rewards or appraisals granted by the CSRC, other competent departments under the State Council and other entities at the provincial or ministerial level or above, and the securities and futures exchanges, industrial associations of the securities and futures markets, securities depository and clearing agencies, and other national industrial organizations of the securities and futures markets (hereafter referred to as the "industrial organizations of the securities and futures markets", and credit ratings given by credit rating agencies;
3.
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