China Securities Regulatory Commission, Contents and Formats for Information Disclosures by Companies That Offer Securities to the Public Guidelines No. 10: Application Documents for Issue of New Shares by Listed Companies

Issued: April 2 2001
Effective: as of date of issue
Interpreting authority: China Securities Regulatory Commission
Applicability: These Guidelines apply to all companies that apply to offer new shares (Article 2). Application documents are the documents that are required to be submitted to the China Securities Regulatory Commission to offer new shares (Article 3).

Main contents: According to the Guidelines, a full set of application documents shall consist of two parts: those that shall be published in designated publications and on designated websites and those that are not required to be disclosed (Article 4). The two parts are listed separately in an appendix to the Guidelines. The first part includes the prospectus (draft for submission), the earnings forecast report and its audit report and the listing announcement (for new issues only). The second part comprises the sponsor's sponsoring documents, lawyer's legal opinions, issuer's board resolutions, shareholders' resolutions and other relevant documents. Once submitted, the documents may not be supplemented, withdrawn or replaced without the consent of the China Securities Regulatory Commission (Article 6). The applicant and the relevant professional intermediaries shall make representations on the submitted documents as to their authenticity, accuracy and completeness (Article 7). For each paper submission, there shall be a corresponding electronic submission in standard .doc or .rtf format (Article 17).
Related legislation: PRC, Company Law (Amended), Oct 27 2005, CLP 2005 No.10 p21; PRC, Securities Law (Amended), Oct 27 2005, CLP 2006 No.1 p31 and Administration of Offerings of New Shares by Listed Companies Procedures, Feb 25 2001, CLP 2001 No.4 p8
Repealed legislation: China Securities Regulatory Commission, Publication of the «Submissions of Materials by Listed Companies for Application for Public Share Offers Standard Format (Trial Implementation)»Circular