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Gansu Branch
Gansu
12-12-2008

Brief Introduction of Gansu Bureau

 

CSRC Gansu Bureau (Gansu Bureau) was turned over by its predecessor -- Gansu Provincial Commission of Securities Regulation -- to be directly under the leadership of CSRC in December 1998, before it went public by the name of CSRC Lanzhou Resident Office on July 1, 1999, and was then renamed as CSRC Gansu Bureau in March 2004.

 

There are six divisions in Gansu Bureau, including Party Affairs Office (Discipline Inspection Office), General Office, Listed Company Supervision Office, Institutional Supervision Office, Futures Supervision Office, and Inspection Office. According to the CSRC regulations on classified management, the Bureau has regulated the securities and futures activities of the listed companies, the would-be listed companies, the securities companies, the futures brokerage companies, the securities and futures business branches and service departments, the securities and futures investment advisers, as well as the law firms, the accountants firms and the asset appraisal institutions which are engaged in securities and futures businesses, within the jurisdiction of the Bureau. Besides, it is responsible for the investigation into and transfer of the cases of violation against the relevant securities and futures regulations in accordance with the relevant securities and futures laws as well as the CSRC regulations. Apart from conciliating the disputes on securities and futures businesses, the Bureau also handles letters and visits to the Bureau.

 

Divisions

 

1. Party Affairs Office (Discipline Inspection Office) is responsible for:

(1) administration, summary reports, statistics, organization, publicity and information system of the Party Committee and the Discipline Inspection Committee;

(2) coordination of the service of the study group of the Party Committee;

(3) coordination of the service of the Democratic Life Meetings of the Party Committee;

(4) supervising and implementing the resolutions, decisions and deployment made by the Party Committee and the Discipline Inspection Committee;

(5) coordination of the work of all the Party branches, education of the Party members and development of new members;

(6) Party affairs of the Bureau, discipline inspection and the construction of a clean government;

(7) training programs for the Bureau;

(8) relevant investigations and researches;

(9) affairs of the Trade Union, the Communist Youth League and the Women’s Federation of the Bureau;

(10) affairs as assigned by the Party Committee and the Discipline Inspection Committee of the Bureau

 

2. General Office takes the following responsibilities:

(1) to stipulate and implement all the rules and regulations of the Bureau;

(2) to organize the drafting, examination, printing, receipt and delivery, transmission, urging and feedback of all the relevant documents to ensure the documents’ quality and their smooth running;

(3) to organize and arrange meetings for the Bureau Chief;

(4) to assist the Bureau leaders in making coordination effort in working out the Bureau’s regular working plans and urging the implementation of those plans;

(5) to make preparation or give assistance to the preparation for relevant meetings;

(6) to take care of summary reports, statistics, information exchange and promulgation, and office information system;

(7) to take charge of the affairs related to human resources, capital and labor, and social insurance;

(8) to receive and handle the relevant letters and calls; and answer the hotline calls to the Director of the Bureau;

(9) to be responsible for confidential and classified documents, and file records of the Bureau;

(10) to organize and prepare the financial budget and final costs of the Bureau; conduct income and expenditure settlement; and report as due the execution of the financial budget;

(11) to administer logistics of the Bureau, including maintenance of equipments, facilities and vehicles, purchase and distribution of fixed assets and office items, attendance check, and fire-prevention and theft-prevention;

(12) to take charge of work related to publicity and liaison, reception and foreign affairs;

(13) to be in charge of the affairs assigned by the Bureau leadership.


3. Listed Company Supervision Office assumes the following responsibilities:

(1) to supervise the performance of listing guidance and enterprise reform of the would-be listed companies and directly communicate with the Issuance Supervision Department;

(2) to inspect suspected violations by the would-be listed companies and the related intermediaries in the process of examination of the stock issuance and underwriting of stocks; and to present inspection opinions;

(3) to supervise the intermediary’s performance of its continuing obligations and the listed company’s fulfillment of cooperation obligations after the listing;

(4) to take the helm of on-spot supervision, risk prevention and disposal over the listed companies; and make prompt suggestion over the establishment of a suspected violation case;

(5) to supervise the corporate governance of the listed companies; guide and call the listed companies to establish sound systems of shareholders’ meeting, board of directors, board of supervisors and independent directors; cooperate with the departments concerned in regulating the shareholders’ behavior of the listed firms to strengthen the companies’ independence; and advise the securities exchange to give risk alert if there are major bugs found in the corporate governance structure or the companies fail to cooperate in the supervision;

(6) to review the documents disclosed by the listed companies including periodical and interim reports; and examine the authenticity, accuracy, integrity and timeliness of the information disclosed;

(7) to verify the M & A and restructuring of the listed companies; and improve the continuing supervision;

(8) to cooperate with the local government and the related departments to urge and guide the listed companies to prevent risks of de-listing and improve the system of agency share transfer originated from direct transfer;

(9) to give preliminary opinion on the supervision over the listed company’s refinancing;

(10) to carry out continuing supervision over the listed company’s sponsor institution and representative;

(11) to set up and manage the listed company’s supervisory records and archives in a continuing and dynamic way;

(12) to make credit records for the listed companies;

(13) to organize the training for the listed company’s directors (excluding board chairmen and independent directors) as well as for all the supervisors;

(14) to implement the comprehensive supervision system which requires coordination by the relevant authorities including the local government, the related departments and the regulatory institutions;

(15) to supervise the listed company’s risk classification, analyze the listed company’s overall development and work out pertinent measures of supervision;

(16) to supervise the activities, in connection with relevant business, of the accountants firms and the asset appraisal institutions as well as their practitioners, to examine their business performances, and to handle problems in time according to the relevant regulations or report to CSRC at once;

(17) to provide business guidance for the Gansu Association of Listed Companies;

(18) to take care of other affairs as assigned by the leadership of the Bureau.


4. Intermediary Supervision Office is responsible for the following duties within the jurisdiction of Gansu Bureau:

(1) supervision over the securities institutions

a) to perform day-to-day supervision over the business activities of the securities companies and their branches, and its supervisory duties by on-spot and off-spot inspection;

b) to oversee the securities company’s governance structure, the establishment, improvement and operation of systems on compliance management, internal control and risk control of the securities companies and their branches;

c) to compare and examine the data related to the clients’ trading settlement capital, entrusted capital as well as the capital and securities in the clients’ guarantee account which are reported by the securities institutions, the relevant commercial banks, the assets custody institutions and securities depository and clearing institutions, and provide day-to-day oversight for the clients’ trading settlement capital by referring to the supervisory system of the clients’ trading settlement capital;

d) to make preliminary examination on the application for transferring the securities company’s shareholders and actual controllers who possess more than 5% equity;

e) to make preliminary examination on the securities company’s establishment, acquisition and cancellation of its domestic branches;

f) to examine the securities company’s annual and monthly reports, prepare the corresponding examination reports, and take prompt measures to solve any problem that occurs in the examination;

g) to inspect the engagement or disengagement by the securities companies of the accountant firms;

h) to make adjustment to the securities company’s business scope by taking the company’s finance, internal control, compliance management, senior management’s business competence and the number of its professional personnel into consideration;

i) to examine the qualification of the directors, supervisors and senior management of securities companies as well as the leading members of the Gansu branches of non-Gansu securities companies; and to keep files of credit records according to laws and implement the relevant supervision;

j) to verify the application for the address change of the business departments or the relocation for starting business of the securities institutions, and check the safety, IT systems and business rules of the newly-established or the relocated securities business departments; 

k) to supervise and deal with the risks involved in the securities institution and report the significant risks to CSRC immediately;

l) to investigate and handle the complaints over the securities institutions;

m) to investigate and handle the illegal securities activities and the illegal establishment of securities business branches, the case of which should be suggested to be put on record for investigation;

(n) to examine the record of the materials of the securities company which apply for online entrustment business and the record of significant technological upgrading of the securities company which has been approved to carry out online entrustment business, or the record of significant amendment to the business management rules and regulations of the securities company.

(2) supervision over the securities investment consultant institutions

a) to carry out regular supervision over the business activities conducted by the securities investment consultant companies (including the companies concurrently dealing with the securities business) and their branches as well as other institutions which are engaged in securities investment consultancy according to law, and to perform its supervisory duties by on-spot and off-spot inspection;

b) to conduct preliminary examination of the qualification of the investment consultant companies or the securities firms applying for securities investment consultant business;

c) to perform preliminary annual inspection of the qualification of the securities investment consultant companies (including the companies concurrently dealing with the securities business) applying for investment consultant business;

d) to keep record of and examine the branches established by the securities investment consultant companies;

e) to keep record of and examine the records of the securities institution’s changes in its name, registered capital, capital contributor, contribution proportion, business scope, business content, business mode and address of the business department;

f) to keep record of and examine the records of the application of the securities institution for gathering activities of securities investment consultancy;

g) to keep record of and examine the records of the application of the securities institution for launching a program with public media, or the application for offering service in cooperation with the telecom department;

h) to investigate and handle the complaints over the securities investment consultant institutions, and inspect and verify their suspected violation of laws and regulations.

(3) supervision over the fund management institutions

a) to assist CSRC in the day-to-day supervision over the business activities of the fund management companies and their branches;

b) to assist CSRC in monitoring the fund raising and the trading of fund shares;

c) to oversee the internal control of the fund sales institutions and perform preliminary examination of the application for approval of fund sales;

d) to conduct on-spot inspection of the information management platform and the business activities of the fund sales institutions;

e) to assist CSRC in investigating cases of fund-related violation of laws and regulations.

(4) business guidance to the Securities and Futures Association of Gansu

(5) to perform other duties as assigned by the leadership of the Bureau.

 

5. Futures Supervision Office performs the following duties within the jurisdiction of Gansu Bureau:

to perform day-to-day oversight and annual inspection of the futures companies and their branches;

(2) to perform day-to-day oversight and annual inspection of the senior management of the futures companies;

(3) to perform day-to-day oversight and annual inspection of the hedging business on overseas markets by the enterprises with a license for overseas futures hedging;

(4) to perform day-to-day supervision over the securities companies and their branches engaged in the securities dealers’ intermediary business;

(5) to examine the futures administrative license items according to the relevant regulations and under the CSRC authorization;

(6) to establish credit records of the futures market in line with the relevant regulations of CSRC and Gansu Bureau;

(7) to participate in the risk disposal of the futures institutions;

(8) to handle the letters and calls of futures-related complaints;

(9) to perform other duties as assigned by the leadership of the Bureau.


6. Inspection Office assumes the following responsibilities within the jurisdiction of Gansu Bureau:

(1) to establish, investigate or handle cases of violation against the relevant securities and futures regulations for investigation or assist the relevant judicial authorities in investigation and handling of the said cases;

(2) to handle the cases assigned by CSRC Inspection Department and assist other regional bureaus in the relevant investigation;
(3) to supervise and inspect the anti-money laundering of the securities and futures institutions through the cooperation with the relevant CSRC departments;

(4) to investigate and handle the illegal activities involved in the securities and futures businesses as well as the illegal securities issuance; and take charge of the administrative work of the Leading Group for Cracking down on Illegal Stock Issuance and Illegal Securities as well as Futures Operation of Gansu Province;

(5) to handle the legal affairs of the Bureau, and formulate rules and regulations of the Bureau;

(6) to popularize laws and coordinate in the organization of the activities of law popularization;

(7) to investigate, sum up and report the implementation of the laws and regulations on securities and futures;

(8) to perform other duties as assigned by the leadership of the Bureau.

 

Contact Us

 

Duty Phone Number: 0931-8475698

Complaint Hotline: 0931-8475060

 

Chinese version of the official link
http://www.csrc.gov.cn/pub/gansu/



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