China's securities watchdog on Friday expanded its market-entry ban on
securities market rule-violators, its latest measure to improve the market.
In what experts described as a "long overdue" step, the China Securities
Regulatory Commission (CSRC) said that senior management and controlling
shareholders of listed companies and securities firms may face expulsion from
the securities market if they breach the rules, the first time they have been
included in the ban.
"It's a long overdue step," said Wang Lianzhou, a retired securities law
professor.
"The controlling shareholders of those listed companies are often the
masterminds and manipulators of the market through their listed units," he said.
"They should have been targeted before," Wang said.
The professor said the new regulation, to take effect on July 10, would at
least put in place an effective deterrent to "these types of potential
wrong-doers" in the securities market.
The new rules also apply to the senior management of listed companies and
securities firms and to senior security fund managers as covered in the existing
draft rules enacted in 1997.
Professionals in the securities service sector will also face the
market-entry ban penalty if they violate the rules, according to the new
regulation.
Under the new rules, offenders may face varying penalties depending on the
severity of their acts.
Anyone who commits criminal acts or breaches that "seriously disrupt
securities market order and lead to severe social consequences" or cause "very
significant" losses to investors will be permanently expelled from the
securities market, the securities regulator said.
Anyone who is found to have masterminded or implemented any "major"
activities violating the laws or administrative regulations or securities
regulator's rules may also face a lifetime market-entry ban to the securities
market, according to the new rules.
Friday's move is the latest step taken by the top securities regulator to
improve the stock market, which is rebounding from a five-year-long slump since
the beginning of this year.
On May 29, the securities regulator ordered controlling shareholders of
listed companies to return funds misappropriated from their listed units by the
end of the year, a common problem in China's stock market.
A total of 33.6 billion yuan (US$4.2 billion) of misappropriated funds in 189
publicly traded companies were still in the hands of shareholders on June 1,
according to figures released by the Shanghai Stock Exchange and the Shenzhen
Stock Exchange, the country's two bourses.
(China Daily 06/10/2006 page5)
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