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04

2018

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07

Comparison Table of the Old and New Versions of the Measures for the Supervision and Administration of Integrity in the Securities and Futures Markets (Sections 9–17)


Comparison Table of the Old and New Versions of the Measures for the Supervision and Administration of Integrity in the Securities and Futures Markets

Article 9: Information on commendations, awards, evaluations, and credit ratings received by the citizens, legal persons, or other organizations listed in Article 7 of these Measures shall be self‑reported by such entities to the China Securities Regulatory Commission and its branch institutions and recorded in their integrity files.

Article 9: Credit records shall not collect information on citizens’ religious beliefs, genetic data, fingerprints, blood type, medical conditions, or medical history, nor any other information prohibited from collection by laws or administrative regulations.

Article 10. The integrity information specified in items (1) and (3) through (8) of Article 8 of these Measures shall be collected and recorded in the integrity files by the China Securities Regulatory Commission and its branch institutions, as well as by industry organizations in the securities and futures markets, in accordance with their respective duties.

Article 10: Information on commendations, awards, evaluations, credit ratings, and integrity assessments received by the citizens, legal persons, or other organizations listed in paragraph (2) of Article 8 of these Measures shall be self‑reported by such entities to the China Securities Regulatory Commission and its branch institutions and recorded in their integrity files.

Citizens, legal persons, or other organizations may, in accordance with the relevant regulations, submit to the China Securities Regulatory Commission and its branch institutions any other integrity information not covered by the provisions of the preceding paragraph, which shall be recorded in their integrity files.

The integrity information submitted by citizens, legal persons, or other organizations shall be truthful, accurate, and complete.

Article 11. Paragraph (1) of Article 8 of these Measures, Items (3) through (10) Information on integrity is collected and recorded in the integrity files by the China Securities Regulatory Commission and its branch institutions, as well as by industry organizations in the securities and futures markets, in accordance with their respective duties. Items (16) and (17) of integrity information shall be collected by the relevant industry organizations in the securities and futures markets and by securities and futures business entities, and recorded in the integrity files. ; Other integrity-related information is collected and recorded in the integrity archives by the China Securities Regulatory Commission and its branch institutions through channels such as government information disclosure and credit information sharing.

Article 11: The integrity information specified in items (9) through (11) of Article 8 of these Measures shall be collected and recorded in the integrity files by the China Securities Regulatory Commission and its branch institutions through channels such as government information disclosure and credit information sharing.

Article 12: If the decision or conduct underlying the integrity information recorded in the integrity file is revoked or amended through due legal procedures, the China Securities Regulatory Commission and its branch institutions shall accordingly delete or amend such integrity information.

Article 12: If the decision or conduct underlying the integrity information recorded in the integrity file is revoked or amended through due legal procedures, the China Securities Regulatory Commission and its branch institutions shall accordingly delete or amend such integrity information.

Article 13: The validity period of unlawful and untrustworthy information specified in Article 8 of these Measures shall be three years in the integrity record; however, for information arising from administrative penalties, market bans, criminal sanctions, or court judgments imposing substantial civil liability for torts or breaches of contract due to securities and futures violations, the validity period shall be five years. Where laws, administrative regulations, or other rules issued by the China Securities Regulatory Commission provide otherwise regarding the validity period of such information, those provisions shall prevail.

The validity period specified in the preceding paragraph shall commence on the date when the administrative decision imposing sanctions for unlawful and untrustworthy conduct has been fully executed.

Information on unlawful and untrustworthy conduct that has exceeded its validity period shall no longer be disclosed, nor shall requests for access to such information be accepted, except where a citizen, legal person, or other organization applies, pursuant to Article 16 of these Measures, to access information pertaining to itself.

Article 13: The validity period of unlawful and untrustworthy information specified in Article 8 of these Measures shall be three years in the integrity record; however, for information arising from administrative penalties, market bans, criminal sanctions, or court judgments imposing substantial civil liability for torts or breaches of contract due to securities and futures violations, the validity period shall be five years.

Where laws, administrative regulations, or rules of the China Securities Regulatory Commission provide otherwise regarding the validity period of information on violations and breaches of trust, Other competent departments of the State Council may prescribe different validity periods for unlawful and untrustworthy information they generate. , according to its provisions.

The validity period specified in the preceding paragraph shall commence on the date when the administrative decision imposing sanctions for unlawful and untrustworthy conduct has been fully executed.

Information on unlawful and untrustworthy conduct that has exceeded its validity period shall no longer be disclosed, nor shall requests for access to such information be accepted, except where a citizen, legal person, or other organization applies pursuant to Article 17 of these Measures to inquire about its own information.

Chapter 3: Disclosure and Inquiry of Integrity Information

Chapter 3: Disclosure and Inquiry of Integrity Information

Article 14: The information specified in items (2), (3), (4), and (6) of Article 8 of these Measures, as well as the administrative penalties and market‑entry prohibition information set forth in item (5), shall be made publicly available to the public in accordance with the law.

The China Securities Regulatory Commission has established an information disclosure and query platform for illegal and untrustworthy conduct in the capital market on its official website. The general public may use this platform to access information on administrative penalties and market‑entry bans as specified in Article 8, Paragraph (5) of these Measures, as well as other types of illegal and untrustworthy information listed in Paragraph (6).

Article 14: The information specified in items (2), (3), (4), and (6) of Article 8 of these Measures, as well as the administrative penalties and market‑entry prohibition information set forth in item (5), shall be made publicly available to the public in accordance with the law.

The China Securities Regulatory Commission has established an information disclosure and inquiry platform for illegal and untrustworthy conduct in the securities and futures markets on its website. The general public may use this platform to access information on administrative penalties and market ban decisions under Article 8, Paragraph (5) of these Measures, as well as other types of illegal and untrustworthy information listed in Paragraph (6).

Article 15: With the exception of the integrity information specified in Article 14 of these Measures, citizens, legal persons, or other organizations may, in accordance with the provisions of these Measures, apply to the China Securities Regulatory Commission and its branch institutions for access to such information.

Article 15 The China Securities Regulatory Commission shall, on the Securities and Futures Market Illegal and Dishonest Information Disclosure and Inquiry Platform, publicly disclose, in a special notice, market entities that have engaged in any of the following serious violations of laws or breaches of trust:

(1) Having been subject to administrative penalties by the China Securities Regulatory Commission or its branch institutions for market manipulation, insider trading, fraudulent issuance, false disclosure of information, illegal engagement in securities and futures business, trading based on non-public information, or the fabrication and dissemination of false information;

(2) Having been subject to a market ban by the China Securities Regulatory Commission or its branch institutions;

(3) Having been sentenced by a people’s court for securities or futures‑related crimes;

(4) Having been subject to administrative penalties or disposition decisions by the relevant authorities for refusing to cooperate with the supervision, inspection, or investigation conducted by the China Securities Regulatory Commission and its branch institutions;

(5) Refusal to comply with an effective administrative penalty decision issued by the China Securities Regulatory Commission or its branch institutions upon expiration;

(6) Other serious violations of law and breaches of trust that gravely infringe upon the legitimate rights and interests of investors and elicit strong market reactions.

The special publicity period for entities with serious violations of the law and breaches of trust is one year, commencing from the date of public notice.

Article 16 Where a citizen, legal person, or other organization submits an application for access to integrity information and meets any of the following conditions, the China Securities Regulatory Commission and its branch institutions shall process such application:

(1) When a citizen, legal person, or other organization applies to access its own integrity information;

(2) When an issuer or a listed company applies to access the integrity information of proposed directors, supervisors, or senior management personnel;

(3) When an issuer or a listed company applies to access the integrity information of individuals, legal persons, or other organizations that are proposed to participate in the company’s mergers and reorganizations;

(4) When an issuer or a listed company applies to access the integrity information of the securities firm and securities service institution it intends to engage, as well as their relevant practitioners;

(5) Securities companies and securities service institutions applying to access the integrity information of issuers, listed companies, and their directors, supervisors, senior management personnel, controlling shareholders, and actual controllers with respect to the professional services they have provided;

(6) Securities companies, fund management companies, futures companies, and securities and futures service institutions that apply to access the integrity information of directors, supervisors, senior management personnel, or other practitioners who have been appointed or are proposed to be appointed;

(7) Other conditions prescribed by the China Securities Regulatory Commission.

Article 16 Except as provided in Article 14 of these Measures, Article 15 With respect to integrity information not covered by the regulations, citizens, legal persons, or other organizations may, in accordance with these Measures, apply to the China Securities Regulatory Commission and its branch institutions for access to such information.

Article 17. Citizens, legal persons, or other organizations submitting an application for access to integrity information shall provide the following materials:

(1) Application for Inquiry;

(2) Identity verification documents;

(3) For applications for inquiries falling under items (2) through (6) of Article 16 of these Measures, the inquiry application shall be accompanied by the consent of the subject of the inquiry, evidenced by the subject’s signature or official seal, or by other written consent documents from the subject.

Article 17 Where a citizen, legal person, or other organization submits an application for access to integrity information and meets any of the following conditions, the China Securities Regulatory Commission and its branch institutions shall process such application:

(1) When a citizen, legal person, or other organization applies to access its own integrity information;

(2) When an issuer or a listed company applies to access the integrity information of proposed directors, supervisors, or senior management personnel;

(3) When an issuer or a listed company applies to access the integrity information of any natural person, legal entity, or other organization that is proposed to participate in the issuer’s or listed company’s merger or restructuring;

(4) When an issuer or a listed company applies to access the integrity information of the securities firm and securities service institution it intends to engage, as well as their relevant practitioners;

(5) Securities companies, Bond Trustee , securities service institutions applying to access information on the issuers and listed companies for which they have provided professional services, as well as their directors, supervisors, senior management personnel, controlling shareholders, and actual controllers, and Bond Issuance Guarantor of integrity information;

(6) Securities companies, futures companies, Fund Manager , where a securities and futures service institution applies to access the integrity information of directors, supervisors, senior management personnel, or other practitioners who have been or are proposed to be appointed;

(7) Other conditions prescribed by the China Securities Regulatory Commission.