| I. Historical Background
The development
of securities markets in China since the commencement of the
opening and reform of China inevitably led to the establishment
of a centralised market regulatory body. The establishment of
the State Council Securities Commission (the "SCSC") and the
China Securities Regulatory Commission (the "CSRC") in October
1992 marked the formation of this regulatory body. The SCSC
is the State authority responsible for exercising centralised
market regulation. The CSRC is the SCSC's executive branch responsible
for conducting supervision and regulation of the securities
markets in accordance with the law.
The scope of the authority of the SCSC and the CSRC gradually
expanded with the growth of the securities markets. In November
1993, the State Council decided to charge the SCSC with the
responsibility of the test operation of the futures market to
be carried out by the CSRC. In March 1995, the State Council
formally approved the Organisational Plan of the China Securities
Regulatory Commission thereby confirming CSRC to be a deputy-ministry
rank unit directly under the State Council and the executive
branch of the SCSC. CSRC was authorised to conduct supervision
and regulation of the securities and futures markets in accordance
with the law. In August 1997, The State Council decided to put
the securities markets in Shanghai and Shenzhen under the supervision
of the CSRC. Meanwhile, offices of the CSRC commissioners were
set up in the two municipalities. In November 1998, the Central
People's Government held the National Finance Conference and
decided to reform and reorganise the national securities regulatory
mechanism. The local securities regulatory departments will
be supervised directly. Organisations engaged in securities
formerly supervised by the People's Bank of China were put under
the centralised supervision of the CSRC.
In April 1998, pursuant to the State Council Reform Plan, the
SCSC and the CSRC were merged to form one ministry rank unit
directly under the State Council. Both the power and the functions
of the CSRC have been strengthened after the reform. A centralised
securities supervisory system was thus established.
In September 1998, the State Council approved the Provisions
regarding CSRC's Functions, Internal Structure and Personnel,
further confirming CSRC to be one of the enterprise units directly
under the State Council and the authorised department governing
the securities and futures markets of China. This strengthened
and clarified the CSRC's functions.
II. Basic Functions
1. To establish a centralised supervisory system for securities
and futures markets and to assume direct leadership over securities
and futures market supervisory bodies.
2. To strengthen the supervision over securities and futures
business, stock and futures exchange markets, the listed companies,
fund management companies investing in the securities, securities
and futures investment consulting firms, and other intermediaries
involved in the securities and futures business. To raise the
standard of information disclosure.
3. To increase the abilities to prevent and handle financial
crisis.
4. To organise the drafting of laws and regulations for securities
markets. To study and formulate the principles, policies and
rules related to securities markets. To formulate development
plans and annual plans for securities markets. To direct, co-ordinate,
supervise and examine matters related to securities in various
regions and relevant departments. To direct, plan and co-ordinate
test operations of futures market.
5. To exercise centralised supervision of securities business.
III. Major Responsibilities
1. Studying and formulating policies and development plans
regarding securities and futures markets; drafting relevant
laws and regulations on securities and futures markets; and
working out relevant rules on securities and futures markets;
2. Supervising securities and futures markets and exercising
vertical power of authority over regional and provincial supervisory
institutions of the market;
3. Overseeing the issuance, trading, custody and settlement
of equity shares, convertible bonds, and securities investment
funds; approving the listing of corporate bonds; and supervising
the trading activities of listed government and corporate bonds;
4. Supervising the listing, trading and settlement of domestic
futures contracts; and monitoring domestic institutions engaged
in overseas futures businesses in accordance with relevant regulations;
5. Supervising the behavior of listed companies and their shareholders
who are liable for relevant information disclosure in securities
markets;
6. Supervising securities and futures exchanges and their senior
management in accordance with relevant regulations, and securities
associations in the capacity of the competent authorities;
7. Supervising securities and futures companies, securities
investment fund managers, securities registration and settlement
companies, futures settlement institutions, and securities and
futures investment consulting institutions; approving in conjunction
with the People's Bank of China, the qualification of fund custody
institutions and supervising their fund custody business; formulating
and implementing rules on the qualification of senior management
for the above-mentioned institutions; and granting qualification
of the people engaged in securities and futures-related business;
8. Supervising direct or indirect issuance and listing of shares
overseas by domestic enterprises; supervising the establishment
of securities institutions overseas by domestic institutions;
and supervising the establishment of domestic securities institutions
by overseas organizations;
9. Supervising information disclosure and proliferation related
to securities and futures and being responsible for the statistics
and information resources management for securities and futures
markets;
10. Granting, in conjunction with relevant authorities, the
qualification of law firms, accounting firms, asset appraisal
firms, and professionals in these firms, engaged in securities
and futures intermediary businesses, and supervising their relevant
business activities;
11. Investigating and penalizing activities violating securities
and futures laws and regulations;
12. Managing the foreign relationships and international cooperation
affairs in the capacity of the competent authorities; and
13. Any other duties as commissioned by the State Council.
The CSRC has one chairman, four vice-chairmen, one secretary
general, and two deputy secretaries generals. It has 13 functional
departments or offices, 3 subordinate centers, and one special
committee. It also has 10 regional offices set up in key cities
around the country and a missionary office in every province,
autonomous region, cities directly under the jurisdiction of
the State Council, and cities enjoying the provincial-level
status in the state economic plan.
IV. Organizational Structure of the CSRC

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