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nfirmation of a transaction within the prescribed period of time; (3) Misappropriating the securities as entrusted by a client for purchase or sale, or the funds in a client's account; (4) Unlawfully purchasing or selling securities for its client without any authorization, or unlawfully purchasing or selling any securities in the name of a client; (5) Inveigling a client into making any unnecessary purchase or sale of securities in order to obtain commissions; (6) Making use of mass media or by any other means to provide or disseminate any false or misleading information to investors; or (7) Having any other act that goes against the true intention as expressed by a client and damages the interests thereof. Where anyone practices any trickery and thus incurs any loss to the relevant clients, the actor shall be subject to the liabilities of compensation according to law. Article 80 It's prohibited for any legal person to unlawfully make use of any other person's account to undertake any securities trading. It's prohibited for any legal person to lend its or any other's securities account. Article 81 The channel for capital to go into the stock market shall be broadened according to law. It's prohibited for any unqualified capital to go into the stock market. Article 82 It's prohibited for any person to misappropriate any public fund to trade securities. Article 83 The state-owned enterprises and state-holding enterprises that engage in any transaction of listed stocks shall observe the relevant provisions of the state. Article 84 When stock exchanges, securities companies, securities registration and clearing institutions, securities trading service organizations as well as their functionaries discover any prohibited activities in securities trading, they shall report such activities to the securities regulation body in time. Section V Acquisition of Listed Companies Article 85 An investor may purchase a listed company by means of tender offer or agreement as well as by any other legal means. Article 86 Where an investor, through securities trading at a stock exchange, comes to hold or holds with any other person 5 % of the shares as issued by a listed company by means of agreement or any other arrangement, the investor shall, within three days as of the date when such shareholding becomes a fact, submit a written report to the securities regulatory authority under the State Council and the stock exchange, notify the relevant listed company and announce the fact to the general public. Within the aforesaid prescribed period, the investor may not purchase or sell any more shares of the listed company. In case an investor holds or holds with any other person 5 % of the shares as issued by a listed company by means of agreement or any other arrangement, he shall, pursuant to the provisions of the preceding paragraph herein, make report and announcement of each 5% increase or decrease in the proportion of the issued shares of the said company he holds through securities trading at a stock exchange. Within the reporting period as well as two days after the relevant report and announcement are made, the investor may not purchase or sell any more shares of the listed company. Article 87 The written report and announcement as made according to the provisions of the preceding Article herein shall include the following contents: (1) The name and domicile of the shareholder; (2) The description and amount of the shares as held; and (3) The date on which the shareholding or any increase or decrease in the shareholding reaches the statutory percentage. Article 88 Where an investor holds or holds with any other person 30% of the stocks as issued by a listed company by means of agreement or any other arrangement through securities trading at a stock exchange and if the purchase is continued, he shall issue a tender offer to all the shareholders of the said listed company to purchase all of or part of the shares of the listed company. It shall be stipulated in a tender offer as issued to a listed company that, where the share amount as promised to be sold by the shareholders of the target company exceeds the scheduled amount of stocks for purchase, the purchaser shall carry out the acquisition according to the relevant percentage. Article 89 Before any tender offer is issued pursuant to the provisions in the preceding Article herein, the relevant purchaser shall submit a report on the acquisition of a listed company to the securities regulatory authority under the State Council beforehand, which shall indicate the following items: (1) The name and domicile of the purchaser; (2) The decision of the purchaser on acquisition; (3) The name of the target listed company; (4) The purpose of acquisition; (5) The det << 上一页 [11] [12] [13] [14] [15] [16] [17] [18] [19] [20] ... 下一页 >> |