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Provisions of Shanghai Municipality on the Administration of Futures Market (revised 1997)
Chapter I General Provisions Article 1 (Purpose and Basis)

In order to strengthen the management of the futures market, standardize the futures trading behavior and protect the legitimate rights and interests of the parties involved in futures trading, these Provisions are formulated in accordance with the relevant provisions of laws and regulations and combined with the actual situation of this Municipality. Article 2 (Futures Trading Standards)

Futures trading must follow the principles of openness, justice, fairness, honesty and credibility, and any form of fraud and illegal trading is prohibited. Article 3 (Management System)

The management of the futures market, the implementation of government supervision and management and the futures industry self-discipline management system. Article 4 (Scope of Application)

These Provisions shall apply to futures trading activities within this Municipality and institutions, organizations and individuals related to futures trading activities. Chapter II Article 5 of the Administrative Organs (Supervision Department)

Shanghai Municipal Planning Commission is the supervision and management department of the futures market in this Municipality (hereinafter referred to as the supervision department), and is responsible for the unified planning and management of the futures market.

The regulatory authorities may entrust the Shanghai Securities Management Office to exercise the power of administrative punishment conferred by these Provisions. Article 6 (Duties of Supervision Department)

The regulatory authorities shall perform the following duties:

(1) To make overall plans for the development of the futures market and be responsible for its implementation;

(two) to review the establishment, alteration and termination of futures exchanges, futures brokerage institutions and other related institutions, and go through the examination and approval procedures in accordance with the relevant provisions of the state.

(3) Examining the listed futures commodities and the varieties of futures contracts, and going through the examination and approval procedures in accordance with the relevant provisions of the state.

(four) to supervise and inspect the business activities of futures exchanges, futures brokerage institutions and other relevant institutions, and deal with illegal acts;

(five) to take necessary measures for events or situations that affect or may affect the normal order of the futures market. Article 7 (Duties of the Administration for Industry and Commerce)

The administrative department for industry and commerce shall, in accordance with the duties prescribed by laws and regulations, assist the regulatory authorities in managing the futures market. Article 8 (Joint Meeting)

This Municipality implements the joint meeting system of futures market supervision and management. The joint meeting is responsible for studying and deliberating major issues and measures related to the development of the futures market.

The joint meeting is composed of regulatory authorities and other relevant administrative departments. Chapter III Article 9 of Futures Exchange (Definition of Futures Exchange)

The futures exchange is a non-profit legal person institution that provides places, facilities and other necessary conditions for futures trading, performs relevant duties according to laws, regulations, rules and futures trading rules, and implements self-discipline management.

A futures exchange shall bear civil liability independently for all its property. Article 10 (Establishment of Futures Exchange)

To establish a futures exchange, an application shall be submitted to the regulatory authorities, and after examination and approval, it shall be submitted to the competent department of the national futures market for examination and approval; If approved, it shall apply to the administrative department for industry and commerce for registration.

The documents to be submitted when applying for the establishment of a futures exchange shall be prescribed by the regulatory authorities. Article 11 (Responsibilities of Futures Exchanges)

A futures exchange shall perform the following duties:

(1) Providing places, facilities and other necessary conditions for futures trading.

(2) Formulating and amending futures trading rules and reporting them to the regulatory authorities for examination and approval;

(3) designing the style of futures contracts;

(4) Managing members and their representatives;

(5) Providing or organizing the provision of settlement services and performance guarantees for futures trading.

(six) to sort out and publish futures trading quotations and other relevant information;

(7) Arbitration and settlement of disputes arising from futures trading among members, between members and futures brokerage institutions and customers.

(eight) other duties that should be performed according to laws, regulations, rules and futures trading rules. Article 12 (Establishment of Main Institutions)

The futures exchange shall have a general meeting of members, a board of directors and a board of supervisors. Article 13 (General Meeting of Members)

The general meeting of members is the authority of the futures exchange. The General Assembly shall hold at least 1 meeting every year. A general meeting of members shall be held only when more than two-thirds of the members are present, and its resolution shall take effect only when more than half of the members are present to vote. Article 14 (Functions and Powers of the General Meeting of Members)

The general meeting of members shall exercise the following functions and powers:

(1) To formulate and revise the articles of association of the futures exchange;

(2) Electing and dismissing directors;

(3) Deliberating and adopting the work reports of the board of directors and the general manager;

(4) To examine and approve the financial budget and final accounts report of the futures exchange.

(five) to consider and pass other matters that need to be decided by the general meeting of members.

After the articles of association of the futures exchange are adopted by the general meeting of members, the futures exchange shall report to the regulatory authorities for approval. Article 15 (Council)

The board of directors is the decision-making body of the futures exchange. The board of directors shall have no less than 7 members, of which the directors shall not be less than one third of the total number of board members.

Member directors are nominated by members, and non-member directors are nominated by relevant government departments and elected by the general meeting of members.

The term of office of directors is 3 years, and they may be re-elected, but they may not serve for more than 2 consecutive terms. Article 16 (Chairman)

The board of directors has 1 chairman and 1 2 vice-chairmen. The chairman is nominated by the regulatory authorities and elected by the board of directors; The vice-chairman is elected by the Council. The chairman is the legal representative of the futures exchange.

The board meeting is called by the chairman. If the chairman is unable to perform his duties for some reason, the vice chairman shall perform it on his behalf. The resolution of the Council can only take effect after it is approved by more than two-thirds of the members of the Council.

When a general meeting of members is held, the chairman of the meeting is the chairman.