Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security and China Securities Regulatory Commission, Opinions on Further Regulating the Freezing of the Pledged Stock of Listed Companies by People's Courts

最高人民法院、最高人民检察院、公安部、中国证券监督管理委员会关于进一步规范人民法院冻结上市公司质押股票工作的意见

March 19, 2021 | BY

Susan Mok

Pledgees are allowed to realize the pledged stock

Promulgated: March 1, 2021

Effective: July 1, 2021

Main contents: Where, after pledged stock is marked in the system, the pledgee applies, on the strength of materials evidencing the existence of its pledge-secured claim, satisfaction of the conditions for realization of its pledge-secured claim, etc., to the people's court to realize the stock to the extent of the pledge-secured claim by means such as centralized bidding on a stock exchange or block trade, the same shall be permitted unless otherwise provided in laws, judicial interpretations, etc. Once the people's court freezes the debtor's cash account with the securities company to the extent of the total amount of the pledge-secured claim amount, case claim amount and enforcement charges, it shall notify the securities depository and clearing institution or the securities company in writing in a timely manner to switch the corresponding pledged stock in the system to saleable.

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