中国证券监督管理委员会关于证券公司担保问题的通知
证监发[2001]69号
颁布日期:20010424 实施日期:20010424 颁布单位:中国证券监督管理委员会
ZhengJianFa [2001] No.69
April 24, 2001
All security regulatory offices, representative offices, special commissioner's offices and all security companies:
The issues concerning guaranty of security companies are as follows, in a bid to standardize guarantee activities of security companies and forestall risks that may be caused by guarantee activities of security companies:
1. According to the Circular on the Adjustment of Calculating Rules of Security Companies' Net Assets of the Commission, (ZhengJianJiGouZi [2000] No.223), security companies with net assets below the floor qualification for comprehensive security companies (200 million RMB) prescribed by the Commission, shall not provide guarantee for other persons. Those qualified for guarantee provision shall disclose in detail the guarantee matters in the annotations of accounting statements and the explanation of net assets status.
2. The guaranteed amount a security company provides should not exceed 20% of its net assets.
3. All security companies shall strictly abide by the Industrial Pact on Financing or Financing in Disguised Form in Stock Underwriting of the Security Industry Association of China (ZhongZhengXieZi [2000] No.20) and shall not provide loan guarantee for enterprises in stock underwriting.
4. Security companies, which are not qualified for guarantee provision shall, since the date of the issuing of this circular review former guarantee, and disclose in detail the information of review in the explanation of net capital status.
5. Security companies shall not provide guarantee for clients who get loans in order to trade stocks.
6. Security companies which provide guarantee against the provisions stated above, or disclose guarantee matters in an inaccurate, false or delayed way, and the responsible staff, shall be punished, exclusively or concurrently, by way of criticism circular, warning, suspension or even cancellation of the business qualification, suspension or even cancellation of the occupational qualification.