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>Chapter X Securities Regulatory Bodies Article 178 The securities regulatory authority under the State Council shall carry out supervision and administration of the securities market according to law so as to preserve the order of the securities market and guarantee the legitimate operation thereof. Article 179 The securities regulatory authority under the State Council shall perform the following functions and duties regarding the supervision and administration of the securities market: (1) Formulating the relevant rules and regulations on the supervision and administration of the securities market and exercising the power of examination or verification according to law; (2) Carrying out the supervision and administration of the issuance, listing, trading, registration, custody and settlement of securities according to law; (3) Carrying out the supervision and administration of the securities activities of a securities issuer, listed company, stock exchange, securities company, securities registration and clearing institution, securities investment fund management company or securities trading service institution according to law; (4) Formulating the standards for securities practice qualification and code of conduct and carrying out supervision and implementation according to law; (5) Carrying out the supervision and examination of information disclosure regarding the issuance, listing and trading of securities; (6) Offering guidance for and carrying out supervision of the activities of the securities industrial association according to law; (7) Investigating into and punishing any violation of any law or administrative regulation on the supervision and administration of the securities market according to law; and (8) Performing any other functions and duties as prescribed by any law or administrative regulation. The securities regulatory authority under the State council may establish a cooperative mechanism of supervision and administration in collaboration with the securities regulatory bodies of any other country or region and apply a trans-border supervision and administration. Article 180 Where the securities regulatory authority under the State Council performs its duties and functions, it has the right to take the following measures: (1) Carrying an on-the-spot examination of a securities issuer, listing company, securities company, securities investment fund management company, securities trading service company, stock exchange or securities registration and clearing institution; (2) Making investigation and collecting evidence in a place where any suspected irregularity has happened; (3) Consulting the parties concerned or any entity or individual relating to a case under investigation and requiring the relevant entity or person to give explanations on the matters relating to a case under investigation; (4) Referring to and photocopying such materials as the registration of property right and the communication records relating to the case under investigation; (5) Referring to and photocopying the securities trading records, transfer registration records, financial statements as well as any other relevant documents and materials of any entity or individual relating to a case under investigation; sealing up any document or material that may be transferred, concealed or damaged; (6) Consulting the capital account, security account or bank account of any relevant party concerned in or any entity or individual relating to a case under investigation; in the case of any evidence certifying that any property as involved in a case such as illegal proceeds or securities has been or may be transferred or concealed or where any important evidence has been or may be concealed, forged or damaged, freezing or sealing up the foregoing properties or evidence upon the approval of the principal of the securities regulatory authority under the State Council; (7) When investigating into any major securities irregularity such as manipulation of the securities market or insider trading, upon the approval of the principal of the securities regulatory authority under the State Council, restricting the securities transactions of the parties concerned in a case under investigation, whereby the restriction term may not exceed 15 trading days; under any complicated circumstance, the restriction term may be extended for another 15 trading day. Article 181 Where the securities regulatory authority under the State Council performs its functions and duties of supervision or examination or investigation, the personnel in charge of supervision and examination or investigators shall be no less than 2 and shall show their legitimate certificates and the notice of supervision and examination as well as investigation. Where the personnel in charge of supervision an << 上一页 [21] [22] [23] [24] [25] [26] [27] [28] [29] 下一页 |