China Securities Regulatory Commission, Provisions for the Establishment of Management Systems for the Registration of Persons Who Have Knowledge of Insider Information by Listed Companies

中国证券监督管理委员会关于上市公司建立内幕信息知情人登记管理制度的规定

November 08, 2011 | BY

clpstaff &clp articles &

Listed companies required to set up files of persons with insider information.

Clp Reference: 3700/11.10.25 Promulgated: 2011-10-25 Effective: 2011-11-25

Promulgated: October 25 2011
Effective: November 25 2011

Applicability: The term “persons who have knowledge of insider information” refers to the relevant personnel specified in Article 74 of the Securities Law (Article 2). The term “insider information” refers to the information that has not yet been disclosed and concerns the company's business or financial affairs or may have a material effect on the trading prices of the company's securities and its derivatives as specified Article 75 of the Securities Law (Article 3).

Main contents: Persons who have knowledge of insider information have the obligations to maintain the confidentiality of insider information before it is disclosed (Article 4). Prior to the disclosure of insider information in accordance with the law, listed companies shall complete the files of persons who have knowledge of insider information of listed companies, and record in a timely manner the list of persons who have knowledge of insider information during the stages of negotiation and planning, debate and consultancy, conclusion of contract, and during the reporting, delivery, formulation, resolution and disclosure processes, as well as the information on the time, location, basis, format and contents of the insider information to which they are privy (Article 6). The board of directors of listed companies shall guarantee the truthfulness, accuracy and completeness of the files of Persons who have knowledge of insider information, with the chairman of the board as the main responsible person (Article 7). Such files shall be kept for at least 10 years from the date of record (including the dates on which the record is supplemented or amended) (Article 13).

Related legislation: PRC Securities Law (Amended), Oct 27 2005, CLP 2006 No.1 p.31; and Measures for the Administration of Information Disclosure by Listed Companies, Jan 30 2007, CLP 2007 No.1 p.9

clp reference:3700/11.10.25promulgated:2011-10-25effective:2011-11-25

This premium content is reserved for
China Law & Practice Subscribers.

  • 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
For enterprise-wide or corporate enquiries, please contact our experienced Sales Professionals at +44 (0)203 868 7546 or [email protected]