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Several Provisions of the Supreme People's Court on Securities Regulatory Agencies' Application to the People's Court to Freeze Capital Accounts and Securities Accounts

Article 1 The China Securities Regulatory Commission and its subordinate securities regulatory bureaus of provinces, autonomous regions, municipalities, and cities under separate state planning, as applicants, shall, in the performance of their securities and futures supervision and management responsibilities, have evidence to prove that they are If an applicant shows signs of transferring or concealing illegal funds, securities or other property and applies to the People's Court to freeze capital accounts or securities accounts in accordance with the law, the People's Court shall accept the application in accordance with the law. Article 2 An applicant who applies to the people's court to freeze capital accounts and securities accounts in accordance with the law shall submit an application and provide the factual basis and legal and regulatory basis for the freezing application, the circumstances of the capital account and securities account being applied for freezing, and the conditions that the people's court believes should be Other materials provided. Article 3 The factual basis provided by the applicant mainly includes the following materials:

(1) Copy of bank transfer slip;

(2) Copy of financial voucher;

< p>(3) Copies of reporting materials;

(4) Copies of transaction records;

(5) Letter of approval from the securities regulatory authority;

(6) Other documentary evidence. Article 4 If you apply to the people's court to freeze capital accounts or securities accounts, the intermediate people's court where the applicant or the respondent is located shall have jurisdiction.

If it is necessary to designate jurisdiction due to special reasons, the decision shall be made by the Higher People's Court. Article 5: After receiving the applicant's freezing application, the people's court shall make a ruling within 48 hours to freeze or not accept the application if the situation is urgent.

If the decision is made to freeze, it shall be implemented immediately. Article 6 The People's Court shall form a collegial panel to conduct a written review of applications for freezing capital accounts and securities accounts. If there is any of the following circumstances, the people's court shall rule not to accept the case:

(1) Exceeding legal authority;

(2) Obvious lack of factual basis;

(3) Obvious violation of legal procedures;

(4) Wrong application of laws and regulations;

(5) Other circumstances where freezing is inappropriate. Article 7 If the applicant refuses to accept the case or the respondent objects to the freezing ruling of the People's Court, he may apply for reconsideration to the People's Court at the next higher level within seven days from the date of receipt of the ruling. The people's court at the next higher level shall make a decision within fifteen days after receiving the application for reconsideration.

The execution of the ruling will not be suspended during the review period. Article 8 The period for freezing capital accounts and securities accounts by the People's Court is three months. If no application is made for continued freezing upon expiration, the freeze will be automatically lifted.

If the freezing period needs to be continued after the expiration of the freezing period, the applicant shall submit an application for continued freezing to the People's Court ten days before the expiration date. The people's court shall make a decision on whether to continue the freeze before the expiration of the period. Article 9 If the application to freeze a capital account or securities account is illegal or improper and causes losses to the legitimate rights and interests of the respondent, the applicant shall bear administrative compensation liability in accordance with the law. Article 10 These regulations shall come into effect on the date of promulgation.