Shenzhen Branch of the China Securities Depositary and Clearing Corporation Limited, Registration of the Pledges of Shares of Securities Companies Operational Guidelines
中国证券登记结算有限责任公司深圳分公司证券公司股票质押登记业务运作指引
December 31, 2001 | BY
clpstaff &clp articles &Issued: 2 November 2001 Effective: 12 November 2001 Interpreting authority: Shenzhen Branch of the China Securities Depositary and Clearing Corporation…
Issued: 2 November 2001
Effective: 12 November 2001
Interpreting authority: Shenzhen Branch of the China Securities Depositary and Clearing Corporation Limited
Applicability: For the purposes of these Guidelines, "registration of a pledge of shares" means registration of shares pledged in favour of a commercial bank by a securities company or a securities investment fund (Article 2).
Main contents: According to the Guidelines, commercial banks and securities companies must satisfy the qualification requirements specified in the Administration of Loans Secured by the Pledge of Securities Companies' Shares Procedures if they want to enter into a loan agreement backed by a pledge of shares, and the shares so pledged must also meet the requirements therein (Articles 3 and 4). Banks that conduct such business must also have special seats on Shenzhen Stock Exchange (Article 6). Application for registration of pledged shares and their release from pledge must be made through the trading system of the stock exchange (Article 15). Upon confirmation of the registration, the relevant shares are transferred from the securities company to the bank, where the pledge is effected, or from the bank to the securities company, where the pledge is released (Articles 16 and 19).
Related legislation: PRC, Securities Law, Dec 29 1998, CLP 2006 No.1 p31 and Administration of Loans Secured by the Pledge of Securities Companies' Shares Procedures, Feb 2 2000, CLP 2000 No.5 p7
Repealed legislation: Shenzhen Stock Exchange, Registration of Shares Pledges of Securities Companies Implementing Rules, 2000
This premium content is reserved for
China Law & Practice Subscribers.
A Premium Subscription Provides:
- A database of over 3,000 essential documents including key PRC legislation translated into English
- A choice of newsletters to alert you to changes affecting your business including sector specific updates
- Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
Already a subscriber? Log In Now