Main drafters of this standard: Feng Gengzhong, Shi, Guo Yukuan, Ji,; 1 and range
This standard specifies the requirements of participants in spot electronic trading of bulk commodities and the business process of electronic trading.
This standard is applicable to the electronic trading of bulk commodities in the spot field, especially in the spot wholesale market, and is not applicable to futures trading.
2. Terms and definitions
The following terms and definitions apply to this standard.
2。 1 commodities
Note: bulk commodities are the subject of electronic transactions in this standard.
2。 2 data message
Information generated, stored or transmitted by electronic means, optical means or similar means, including electronic data interchange, e-mail, telegram, telex or fax.
2。 3 electronic transactions
Online transaction through the communication mode provided by the network.
2。 4 Electronic Trading Center
A legal person who provides a timely e-commerce platform for traders to conduct spot transactions and can provide supporting logistics services.
2。 5 dealers
According to the relevant laws and regulations and the articles of association of the electronic trading center, an enterprise legal person who conducts electronic trading of bulk commodities in the electronic trading center after examination and approval by the electronic trading center.
2。 6 delivery warehouse
Approved and entrusted by the electronic trading center, the third-party business department is responsible for inspecting, keeping and providing corresponding guarantees for bulk commodities traded by dealers, and providing relevant logistics services for electronic transactions.
Note: The commodity inventory and dynamic information of the delivery warehouse are the information sources of the inventory and transaction of the electronic trading center.
2。 7 settlement bank
The settlement bank is a bank designated by the electronic trading center to assist the electronic trading center in transaction settlement and fund transfer.
3. Participants in electronic transactions
3。 1 general rules
Electronic trading center provides traders with services related to electronic trading, such as trading, logistics, finance, information, etc. , and formulate and implement a management system to supervise the behavior of other participants in the transaction to ensure the safety, reliability and fairness of the transaction. Traders, delivery warehouses and settlement banks participating in electronic transactions are all qualified by the electronic trading center, and they sign contracts with each other to clarify their mutual relations and rights and obligations. The delivery warehouse cooperates with the electronic trading center to provide logistics services, is responsible for keeping the bulk commodities traded on the electronic trading system platform according to the contract requirements, and provides logistics support for electronic trading. The settlement bank cooperates with the electronic trading center to provide financial services, and is responsible for providing supervision and guarantee for the capital flow of electronic transactions according to the contract requirements.
3。 Electronic trading center
Approved the establishment of an electronic trading center in accordance with relevant state regulations. Provide a reliable, safe and open electronic trading system platform and maintain the electronic trading information management system. The electronic trading center shall formulate articles of association, transaction process documents and documents to ensure the effective operation and control of the process. Manage and supervise the execution and performance of the transaction, and adopt necessary risk control system to ensure the performance of the contract.
3。 2。 1 infrastructure
The infrastructure requirements for conducting electronic transactions are as follows:
(a) business premises and facilities to meet the needs of electronic transactions;
B) Designated delivery warehouses that meet the requirements of warehousing and other logistics support services;
C) Electronic trading facilities and communication conditions are complete, which can meet 24-hour service;
D) An electronic trading system that can ensure that the electronic trading process is operated and controlled according to the requirements of this standard;
E) Ability to provide logistics and distribution support services;
F) The goods in the delivery warehouse can be grasped in real time;
G) comply with relevant laws and regulations.
3。 2。 2 transaction services
The electronic trading center shall provide the following trading services:
A) Formulating and implementing business rules for electronic transactions;
B) Arrange the listing and trading of commodities;
C) Managing and supervising the electronic trading, settlement and delivery of bulk commodities;
D) Have risk prevention measures and ensure their implementation;
E) Supervise the performance of electronic trading contracts for bulk commodities and take measures to ensure their performance;
F) Monitor and record the credit status of traders, improve the credit of online transactions through a fair credit rating system, and guide standardized and trustworthy trading methods.
3。 2。 3 logistics support services
Electronic trading center shall provide the following logistics services:
A) It can provide timely and convenient warehousing services and transportation services for traders;
B) Define the delivery warehouse to ensure that the business process of the delivery warehouse is controllable;
C) Cooperate with the delivery warehouse to ensure the authenticity of the traded goods and take corresponding measures to ensure it.
3。 2。 4 information service
The electronic trading center shall provide the following information services related to electronic transactions:
A) Provide information on electronic transactions, settlement and delivery, and ensure that the information is complete, safe and controllable;
B) Providing the public information of electronic transaction participants in time;
C) Be able to provide comprehensive information, market quotation and transaction analysis;
D) The inquiry period of transaction data shall not be less than the recourse period of contract economic disputes;
E) The published public information can be obtained at any time through the Internet;
F) Ensure the security of traders' core information and prevent relevant information from being used improperly;
G) It has perfect system security, data backup and fault recovery means to ensure the safety, integrity and accuracy of traders' trading data;
H) Reliable encryption of trader information, trading instructions and sensitive information during trading;
I) Ensure the correct identification and authentication of traders' identities and the non-repudiation of trading information through reliable and effective technical and management measures.
3。 2。 5 Document requirements of electronic trading center
3。 2。 5。 1 general rules
The electronic trading system documents of the electronic trading center shall include:
(a) the articles of association of the electronic trading center;
B) Managing participants in electronic transactions;
C) Management regulations on all processes and links of electronic transactions;
D) Documentation procedures required by this standard;
E) Other documents required to ensure the effective planning, operation and control of relevant trading processes.
3。 2。 5。 2. Articles of Association of Electronic Trading Center
The articles of association of the electronic trading center shall include the following main contents:
A) purpose and function;
B) Name, address and place of business;
C) registered capital;
D) business terms;
E) The establishment, powers and rules of procedure of the organization;
F) The generation, appointment and removal of managers and their responsibilities;
G) basic business rules;
H) financial and internal audit system;
1) Conditions, procedures and liquidation methods for alteration and termination; ():
J) Procedures for amending the Articles of Association;
K) Other matters that need to be stipulated in the Articles of Association.
3。 2。 5。 3 transaction process documents
The management regulations of electronic trading center on electronic trading process shall contain the following basic contents through a series of documents:
A) Place and time of electronic transaction;
B) the mode of electronic transaction;
C) Electronic trading of goods and delivery time;
D) Procedures for suspending, resuming and canceling electronic transactions;
E) electronic transaction procedures and their management systems;
F) Electronic transaction contract and its management system;
G) Procedures for handling abnormal transactions;
H) Measures for the management of dealers;
I) delivery warehouse management regulations;
J) delivery management system;
K) transaction settlement system;
L) electronic transaction risk control system;
M) the method of publishing transaction information;
N) Breach of contract and its treatment;
O) Measures for the management of warehouse receipts;
P) Security measures for electronic transactions;
Q) Credit guarantee measures for electronic transactions;
R) Handling methods of transaction disputes;
Other matters that need to be stipulated in the trading business rules.
3。 2。 6 information disclosure
The electronic trading center shall publish the basic information of electronic trading participants through the Internet and other accessible means, including: name, enterprise profile, service scope and capabilities, contact information, etc. , the credit status of traders, the real-time market of electronic transactions, including: product variety, delivery time, transaction price, fluctuation range, number of transactions declared, number of transactions, number of orders, etc.
3。 3 dealers
Traders are buyers and sellers of electronic trading of bulk commodities. Traders shall abide by the trading rules of the electronic trading center, accept the supervision of the electronic trading center and cooperate with the work of the electronic trading center.
3。 3。 1 select
Dealer refers to an enterprise legal person registered in People's Republic of China (PRC) (China), engaged in spot production, operation and consumption activities related to traded goods, and with good reputation. Approved by the electronic trading center, it has obtained the qualification of dealer. To transfer or inherit the qualification of a dealer, it shall be approved by the electronic trading center and go through the relevant formalities.
3。 3。 2 transaction requirements
Traders participating in electronic transactions shall comply with the following requirements:
A) Dealers can only act as agents for intra-industry transactions, but not for public investment;
B) The distributor shall abide by the laws and regulations, do his duty and buy and sell fairly;
C) Dealers should protect their dealer account numbers and passwords, and take full responsibility for the consequences arising from the use of their account numbers in electronic trading centers;
D) Dealers shall abide by the articles of association, trading business rules and relevant regulations of the electronic trading center;
E) The dealer shall sign a corresponding agreement with the settlement bank to open an account with the settlement bank of the electronic trading center;
F) The Distributor shall guarantee the authenticity of the information provided and bear corresponding responsibilities;
G) accept the business management of electronic trading center. When the electronic trading center exercises the management power, it may investigate the dealers according to the authority and procedures stipulated by the electronic trading center, and the dealers shall cooperate;
H) Comply with relevant laws and regulations and the corresponding regulations of the electronic trading center.
3。 3。 3 cancel
A dealer who no longer participates in transactions in the electronic trading center shall apply for disqualification. A dealer who has not gone through the cancellation procedures shall be fully responsible for all the actions that occur because of his account number.
3。 4 delivery warehouse
The delivery warehouse is recognized by the electronic trading center as the storage place of electronic trading goods, and the delivery warehouse is responsible for keeping the goods and testing their appearance quality.
The electronic trading center signs an agreement with the delivery warehouse to clarify the rights and obligations of both parties, and the electronic trading center supervises and manages the electronic trading related business of the delivery warehouse. The delivery warehouse cannot participate in the electronic trading activities of related commodities.
3。 4。 1 select
The delivery warehouse shall meet the following conditions:
A) An enterprise legal person with good reputation registered in People's Republic of China (PRC) (China);
B) The warehousing operation license of the competent warehousing department where the warehouse is located;
C) The warehouse infrastructure and management system meet the requirements of electronic transactions;
D) Providing logistics support services and information services required for electronic transactions;
E) Understand the trading business rules and delivery system of the electronic trading center;
(six) other conditions stipulated by the electronic trading center.
According to the investigation and evaluation results, the electronic trading center selects the best warehouse enterprise and signs a delivery warehouse agreement with it to clarify the rights and obligations of both parties. Pay the mortgage risk and accept the supervision and inspection organized by the electronic trading center.
3。 4。 2 Infrastructure
The infrastructure of the delivery warehouse shall meet the following conditions:
A) The freight yard and warehouse are of a certain scale, have the conditions for storing the commodities listed in the electronic trading center, have complete equipment and meet the specified requirements for measurement;
B) Transportation conditions that meet the transportation and distribution requirements;
C) Good business reputation and perfect warehouse management rules and regulations;
D) Strict and perfect commodity inspection and test system, commodity storage system and inventory commodity management system;
E) Understand the trading business rules and delivery system of the electronic trading center;
F) Fixed assets and registered capital must reach the amount specified by the electronic trading center;
(seven) the financial situation is good and the ability to resist risks is strong;
A warehousing business management information system that meets the requirements of warehousing and logistics services. The system can accurately reflect the dynamic situation of warehousing materials in real time and communicate with the electronic trading center in real time;
1) Other conditions stipulated by the electronic trading center.
3。 4。 Provide 3 services
The delivery warehouse provides the following services:
A) Cooperate with electronic trading center to provide logistics and distribution services;
B) Take good care of the goods in the warehouse according to regulations to ensure the safety of the goods;
C) Have the ability to transport the delivered goods on behalf of others;
D) After the goods are inspected and put into storage, warehouse receipts are generated according to regulations;
E) The delivery warehouse shall ensure the quantity and appearance quality of the delivered goods represented by the warehouse receipt;
F) cooperate with the electronic trading center to publish and query information;
G) keep business secrets related to the transaction;
H) transmitting relevant data and providing relevant information to the electronic trading center in real time as required;
I) When the storage time of the stored goods exceeds the validity period stipulated by the commodity (quality) inspection, the delivery warehouse shall promptly remind and assist the consignor to entrust a nationally recognized commodity (quality) inspection department to re-examine the stored goods;
J) When both parties to the transaction dispute the quality of goods, the delivery warehouse shall cooperate with both parties to conduct re-inspection at the commodity (quality) inspection department recognized by the state;
K) Acceptance and warehousing of the delivered goods according to the standards stipulated in the transaction contract; The goods warehousing inspection shall be jointly conducted by the seller and the delivery warehouse, and the inspection results shall be recognized by both parties.
3。 4。 4 cancel
Where the delivery warehouse abandons the qualification of delivery warehouse, it shall submit a written application to the electronic trading center for approval.
When the delivery warehouse is abandoned or unqualified, the following matters shall be handled:
A) All delivered goods are delivered out of the warehouse, and the warehouse receipt is cancelled with the approval of the electronic trading center;
B) Settlement of creditor's rights and debts with the electronic trading center;
C) resist mortgage risk according to the standards of electronic trading center.
The electronic trading center shall promptly notify the dealers and other delivery warehouses of the confirmation, waiver or cancellation of the qualification of the delivery warehouse.
3。 5 settlement bank
The settlement bank is uniformly recognized by the electronic trading center, and its main function is to assist the electronic trading center in settlement and fund transfer.
The electronic trading center shall open a special settlement account in each settlement bank to deposit the trader's payment and related funds.
3。 5。 1 select
A settlement bank that provides services for electronic transactions shall meet the following conditions:
A) National commercial banks with branches and outlets in major cities in China;
B) Safe and rapid means of transferring funds from other places;
C) Other conditions deemed necessary by the electronic trading center.
If the above conditions are met, the settlement bank and the electronic trading center shall sign corresponding agreements to clarify the rights and obligations of both parties, so as to standardize relevant business processes.
3。 5。 Two services were provided.
The services provided by the settlement bank are as follows:
A) Opening a special settlement account for electronic trading center and a special fund account for traders;
B) Absorbing deposits and issuing loans from electronic trading centers and dealers;
C) Understand and reflect the credit status of traders in the electronic trading center;
D) Give priority to the funds of the dealers according to the bills provided by the electronic trading center;
E) Assist the electronic trading center to resolve the major risks of the electronic trading center;
F) Keep the commercial secrets of electronic trading centers and dealers.
3。 5。 3 cancel
The electronic trading center shall promptly notify the dealers of the confirmation, waiver or cancellation of the qualification of the settlement bank. When a settlement bank applies to give up its qualification as a settlement bank, it shall submit a written explanation of its disqualification to the electronic trading center in advance.
4. Electronic transaction business process
Traders sign electronic trading contracts in the electronic trading center through certain trading methods, perform the contracts within the specified time, exchange goods and payment, and settle accounts according to the results. The electronic trading center shall agree on specific electronic trading procedures, formulate corresponding management measures, and announce all traders in the electronic trading center.
4。 1 The subject matter of an electronic transaction contract is a commodity.
4。 2 conclusion of electronic transaction contract
Traders sign electronic trading contracts through the trading platform of the electronic trading center and agree on their own trading behavior. The order quantity of an electronic transaction contract should not be greater than the total social supply and demand of the subject matter of the contract in the same period.
4。 2。 1 Contract content
Electronic trading center can publish the model contract text approved by traders. The contract shall include the following main clauses:
A) Names of the buyer and the seller;
B) the subject matter;
C) quantity;
D) quality:
E) packing method:
F) Inspection standards and methods;
G) delivery time;
H) price;
1) Method of settlement;
J) Time limit, place and method of performance;
K) liability for breach of contract;
Methods of dispute settlement;
M) the place where the contract is concluded.
The specific terms shall be agreed by the buyer and the seller when signing the contract.
4。 2。 2 quotation
A trader's buying and selling order input to the trading platform of the electronic trading center is an offer sent by the trader to other traders. The contents of the purchase and sale contract shall be specific, including the main terms of the contract.
4。 2。 3 commitment
Traders respond to other traders' quotations, and entering the selling or buying instructions of the trading platform of the electronic trading center is a promise made by traders to traders who make quotations. When the sale is completed, the commitment takes effect and the contract is established.
4。 3 payment for goods
Payment is made through the settlement bank. Payment shall be made on a one-payment, first-payment, and within our means. Payment for delivery includes payment for goods and packaging. Payment shall be settled according to the sales price plus or minus the regional price difference and the quality price difference, and the packaging price, the regional price difference and the quality price difference shall be implemented according to the standards published by the electronic trading center.
4。 3。 1 payment method
Traders can choose one-time payment or installment payment when purchasing goods. The method of payment and the progress of installment payment shall be stipulated in the electronic transaction contract signed by the buyer and the seller.
4。 3。 2 payment process
Before the delivery time stipulated in the contract expires, the buyer shall transfer the difference between the total payment for the purchased goods and the previous payment to the special settlement account of the electronic trading center.
At the time of delivery and settlement, the electronic trading center pays the seller the delivery payment and issues the warehouse receipt certificate to the buyer.
4。 3。 3 Settlement process
The electronic trading center implements separate account management for the payment deposited by traders in the special settlement account of the electronic trading center, and sets up a detailed account for each trader. The electronic trading center collects transaction fees according to the standards agreed in the electronic trading contract and the number of transactions made by the traders on that day. The settlement of trading business funds between the electronic trading center and the dealer shall be handled through the special account of the electronic trading center and the special fund account of the dealer.
4。 3。 4 Notice of settlement result
After the end of the day's trading, the electronic trading center will settle the transaction fees and payments for each trader. The electronic trading center provides the traders with the settlement data of the day by issuing settlement documents and telegrams.
In case of special circumstances, when the electronic trading center cannot provide the settlement data on time, the electronic trading center will provide the time of settlement data separately.
4。 4 delivery
Commodity delivery is a process in which both parties to the transaction go through the formalities of transferring the ownership of the commodity agreed in the contract according to the electronic transaction contract. Traders shall pay the delivery fee to the electronic trading center in accordance with the regulations when delivering goods. Specific standards are stipulated in the delivery system of the electronic trading center.
4。 4。 1 Goods sold
The seller's dealer will send the qualified goods to the delivery warehouse for warehouse receipt, and register them in the electronic trading center, and then they can be sold. If the goods have not been delivered to the warehouse, the distributor shall provide proof of the goods, which shall be recognized by the electronic trading center.
4。 4。 2 lead time
The distributor agreed on the delivery period when concluding the contract. After the conclusion of the contract, if the distributor agrees, the delivery time can also be arranged within the time limit.
4。 4。 3 delivery process
The dealer sends the goods to the delivery warehouse and exchanges them for warehouse receipts after passing the inspection. Before the delivery date stipulated by the electronic trading center, the dealer shall submit the warehouse receipt and VAT invoice to the electronic trading center. The electronic trading center will deliver the goods and pay the payment after confirming that the buyers and sellers have no objection to the quantity, quality and related procedures of the goods.
4。 5 Transfer of electronic transaction contract
When a trader transfers an electronic trading contract to a third party trader, it shall obtain the consent of the other party and conduct it through the electronic trading center. The total contract transfer of the electronic trading center should be less than the total social circulation of the subject matter in the same period.
4。 6 Termination of electronic transaction contract
An electronic trading contract concluded through the electronic trading center may be terminated after the buyer and the seller reach an agreement through consultation and pass through the electronic trading center.
4。 7 Risks and responsibilities
Traders should sign an entry agreement with the electronic trading center before entering the market, stipulating the rights, obligations, exemption clauses and effective conditions of western medicine.
Traders have the responsibility to bear the risks in the contract signed in the electronic trading center.
When the trader fails to perform the contract responsibilities, the electronic trading center has the right to take the following safeguard measures:
A) Terminate its qualification, accept and comprehensively handle its unfulfilled contracts, and all the corresponding profits and losses shall be borne by the relevant dealers;
B) Realize the provided guarantee means or pledged property right certificate, and pay performance compensation with the realized proceeds;
C) The insufficient compensation shall continue to be recovered from the dealer through legal procedures.