期货交易管理暂行条例中英文对照内容摘要:

tures trading, safeguard the order in the futures market, minimize risk, and protect the lawful rights of all parties in futures trading and the public interest. Article 2 Persons engaged in futures trading and related activities must ply with these Regulations. Article 3 Persons engaged in futures trading activities shall abide by the principles of openness, fairness, justice and good faith. Illegal acts such as fraud, insider trading and manipulation of futures trading prices, etc. are forbidden. Article 4 Futures trading must be conducted in a futures exchange. Overthecounter futures trading not conducted through a futures exchange is forbidden. Article 5 The China Securities Regulatory Commission (CSRC) shall implement centralized and unified supervision and administration of the futures market. PART TWO FUTURES EXCHANGES Article 6 The establishment of futures exchanges shall be examined and approved by the CSRC. No unit or individual may establish or covertly establish a futures exchange without obtaining the approval of the CSRC. Article 7 Futures exchanges shall be nonprofit and implement selfregulation and administration in accordance with the provisions of its articles of association. A futures exchange bears civil liabilities to the extent of all of its property. Article 8 Futures exchange members shall be legal persons registered within the borders of the People39。 s Republic of China. To obtain a futures exchange membership, the person shall obtain CSRC approval and pay the membership fee. Futures exchange members shall be posed of members which are futures brokerages and members which are not futures brokerages. Article 9 A futures exchange shall establish a board of directors. The chairman and the vicechairman(en) shall be nominated by the CSRC and elected by the board. A futures exchange shall have a general manager and assistant general manager(s) who are appointed and dismissed by the CSRC. The general manager shall be the futures exchange39。 s legal representative. Article 10 A person characterized by any of the conditions stipulated in Article 101 of the Securities Law or other conditions stipulated by the CSRC may not serve as senior management, financial or accounting personnel of a futures exchange. Article 11 Working personnel of a futures exchange shall faithfully perform their duties, may not in any manner engage in futures trading for themselves, may not disclose insider 12 information nor use insider information to obtain unlawful benefits. Article 12 If in the performance of their duties the working personnel of a futures exchange encounter a situation in which they themselves or a relative has an interest, they shall withdraw. Article 13 The working personnel of a futures exchange may not take up positions with a member unit of the futures exchange while under the employment of, or within one year of leaving, the futures exchange. A State public servant may not take up a position with a futures exchange. Article 14 A futures exchange shall perform the following functions: 1. providing a futures trading floor, facilities and services。 2. designing futures contracts and arranging the listing of such contracts。 3. anizing and supervising futures trading, settlement and delivery。 4. ensuring the performance of futures contracts。 5. formulating and implementing the risk management systems stipulated in Article 35 herein。 and 6. other functions stipulated by the CSRC. Article 15 A futures exchange may not engage in such businesses as trust investment, stock trading, investment in immovable property not for its own use, etc. which are not related to its functions. Futures exchanges are prohibited from directly or indirectly participating in futures trading. Article 16 When unusual circumstances occur in the futures market, a futures exchange may adopt the following emergency measures in accordance with the powers and procedures stipulated in its articles of association, and it shall promptly make a report to the CSRC: 1. increase the security deposit。 2. adjust the fluctuation band for suspension of trading。 3. limit the maximum positions of members or clients。 4. temporarily suspend trading。 or 5. adopt other emergency measures. The unusual circumstances mentioned in the preceding paragraph refer to acts of market manipulation occurring during the course of trading which result in severe price distortions or the sudden occurrence of events of force majeure as well as other circumstances stipulated by the CSRC. 13 Once the unusual circumstances have passed, the futures exchange shall promptly cancel the emergency measures. Article 17 A futures exchange shall obtain the approval of the CSRC: 1. if it formulates or amends its articles of association or operational rules。 2. if it lists, suspends, cancels or revives a futures trading product。 3. if it lists, amends or terminates a futures contract。 or 4. for other matters stipulated by the CSRC. Article 18 The revenues obtained by a futures exchange shall be managed and used in accordance with the relevant State regulations and may not be distributed to members or diverted for other uses. All of the aftertax ine of a futures exchange shall be converted into a mon reserve fund, after setting aside the welfare funds as stipulated in the relevant State regulations, and used to make up losses which occur in future years. Article 19 The merger or division of futures exchanges shall be examined and approved by the CSRC. Article 20 A futures exchange shall be dissolved if: 1. at the expiration of the term of operation stipulated in its articles of association, the members39。 general meeting decides not to renew it。 2. the members39。 general meeting decides on dissolution。 or。
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