China Securities Regulatory Commission, Provisions on Strengthening the Regulation of Listed Securities Companies

中国证券监督管理委员会关于加强上市证券公司监管的规定

May 09, 2009 | BY

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Securities offerings of securities companies shall comply with both general securities offering requirements and specific CSRC requirements.

Clp Reference: 3700/09.04.03 Promulgated: 2009-04-03 Effective: 2009-04-03

Promulgated: April 3 2009
Effective: as of date of promulgation

Main Contents: Article 1 of the Provisions states that securities companies that carry out an initial public offering (IPO) of shares and the listing thereof, or carry out refinancing activities such as a subsequent offering or offering of convertible bonds shall fulfil the requirements of general securities laws and regulations (such as the Securities Law and Measures for the Administration of Initial Public Offerings of Shares and the Listing Thereof) and specific oversight requirements (such as the Regulations for the Oversight of Securities Companies and Measures for the Administration of the Offerings of Securities by Listed Companies).

Where an IPO, a refinancing activity or a major asset restructuring of a listed securities company involves a change in the shareholder or de facto controlling person that holds 5% or more of the company's equity, the materials for verification of the shareholder's qualifications shall be submitted (Articles 1 and 2). Listed securities companies shall state in the articles of association that any work unit or individual that holds or actually controls 5% or more of the securities company's equity without the approval of the State Council's securities regulatory authority shall carry out rectification within the time limit. Before rectification, such equity shall not carry voting rights (Article 3).

Related Legislation: PRC Securities Law (Amended), Oct 27 2005, CLP 2006 No.1 p.31; State Council, Regulations for the Oversight of Securities Companies, Apr 23 2008, CLP 2008 No.6 p.45; Measures for the Administration of Initial Public Offerings of Shares and the Listing Thereof, May 17 2006, CLP 2006 No.6 p.65; Measures for the Administration of Securities Offerings by Listed Companies, May 8 2006, CLP 2006 No.6 p.47; Guidelines for Contents and Formats for Public Share Issuing Companies in Information Disclosure (No.2): Contents and Format of Annual Reports (2007 Revision), Dec 17 2007; Guidelines on Contents and Format of Annual Reports of Securities Companies (2008 Revision), Jan 14 2008, CLP 2008 No.2 p.11; Governance Guidelines for Securities Companies (Trial Implementation), Dec 15 2003; Measures for the Administration of Risk Control Indicators of Securities Companies, Jul 20 2006; Tentative Provisions for the Examination and Approval of the Scope of Business of Securities Companies, Oct 30 2008, CLP 2008 No.10 p.66; Measures for the Administration of Information Disclosure by Listed Companies, Jan 30 2007, CLP 2007 No.1 p.9; and Governance Guidelines for Listed Companies, Jan 7 2002, CLP 2002 No.1 p.6

clp reference:3700/09.04.03promulgated:2009-04-03effective:2009-04-03

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