(ii) Securities Act

Article 46 A securities firm engaged in securities assets management business shall not have the following act

The hearings also led to passage of the Securities Act of 1933 and the Securities Exchange Act of 1934. Securities issuers and traders were required to release more information, and were subjected to higher transparency standards.

General regulations referred to in article 52 bis 4 of the Securities Market Act

The first amends and supplements various provisions of the Credit Institutions Act Act on Savings and Loan Associations Act on the Retirement Savings System Federal Act on Guarantee Institutions General Act on Mutual Insurance Institutions and Companies Securities Market Act Act on Investment Firms and General Act on Credit Organizations and Related Activities.

As mentioned earlier, the comprehensive reform includes the following instruments Credit Institutions Act Act on Savings and Loan Associations Act on the Retirement Savings System Federal Act on Guarantee Institutions General Act on Mutual Insurance Institutions and Companies Securities Market Act Act on Investment Firms and General Act on Credit Organizations and Related Activities.

Let us act.

On 28 January 2004 the following legislation was published in the Diario Oficial Decree amending and supplementing various provisions of the Credit Institutions Act Act on Savings and Loan Associations Act on the Retirement Savings System Federal Act on Guarantee Institutions General Act on Mutual Insurance Institutions and Companies Securities Market Act Act on Investment Firms and General Act on Credit Organizations and Related Activities.

So now, let us act.

The securities firm should sign entrustment contracts with securities brokers who accept such entrustment, issue securities broker certificate, define authorized scope of securities broker and supervise working behavior of securities broker.

Let us agree to act now.

Without securities business license, the securities firm and its domestic branch shall not run securities business.

The securities broker should have securities working qualification.

Before World War I, Europe's civil law countries were developing securities markets as fast as the US and the UK. Indeed, regulatory agencies like the US Securities and Exchange Commission (SEC) arose because common law fiduciary duties failed to protect distant owners.

Section 3 of the Act prohibits the use of cash or bearer securities for payments in excess of twenty five million leones per day per customer.

Securities brokers should work within authorized scope of the securities firm and show securities broker certificates to customer.

Article 56 Where a securities firm carries out securities lending and borrowing but does not have sufficient funds or securities, it can borrow from the securities financial companies.

3 Trade securities or maneuver securities market with insider information

(5) Securities service agencies provided services for a securities firm.

Article 41 A securities firm engaged in securities business for its own account is limited to trading of legally issued stocks, bonds, warrants, securities investment funds or other securities recognized by the securities regulatory agency under the State Council.

It is time for us all to act.

Securities brokers shall not handle securities subscription or trading for customers.

Article 20 If a securities firm has two or more kinds of securities brokerage business, securities assets management business, financing with capital and securities, securities underwriting, securities sponsors, its board should set up remuneration and nomination committee, auditing committee and risk control committee to perform rights prescribed in company regulation.

1 Illegally buying securities issued by shareholder of the securities firm or other issuer with major relationship to securities firm against regulation

1 Customers purchase of securities, settlement of securities trading or customers withdrawal

Article 32 A securities firm should establish information inquiring system to ensure customers inquiring entrustment record, trading record, securities and balance during business hours of the securities firm, as well as other information such as name, practice license of the business operator and securities broker of the securities firm, certificate number of securities broker, etc.

Rather, it teaches us when and how to act.

Article 26 If a securities firm and its domestic branch are engaged in securities business prescribed in Article 125 of the Securities Law, they should follow the Securities Law and provisions of this Regulation.

Article 38 If a securities firm is engaged in securities brokerage business, it can entrust staff outside of the securities firm as securities broker, engaging in attracting and providing service for customers as agent.

Article 48 Securities lending and borrowing referred to in this article means that in the securities trading at the stock exchange or other securities trading places that have been approved by the State Council, securities firms lend capital or securities to customers for them to buy or sell securities based on the corresponding collaterals provided by the customers.

Securities account opened by the securities firm for securities assets management customer should be submitted to stock exchange for filing within 3 trading days.

In 1929, a crisis among speculating capitalists prompted poorly conceived and excessive reactions, leading to a deep and prolonged depression. Less than four years later, US President Franklin D. Roosevelt s newly elected government passed the Glass Steagall Act, which prohibited commercial banks from trading securities with clients deposits.

Article 44 If a securities firm is engaged in self run securities business, its risk controlling indicators such as ratio of total securities value and company net capital, ratio of value of one type of securities and net corporate capital, and ratio of quantity of one type of securities and total issuing quantity of this type of securities should comply with prescription of the securities regulatory agency under the State Council.

Article 50 A securities firm that carries out securities lending and borrowing business shall sign a securities lending and borrowing contract with the customer, and shall open a customer securities guarantee account with the securities registration and settlement organs, and a customer funds guarantee account with the designated commercial bank in the name of the securities firm in accordance with the provisions of the securities regulatory agency under the State Council.

In 2007 2008, this was the case for a class of securities based on residential mortgages in the United States (RMBS, or residential mortgage backed securities). During the boom phase, these securities were sold as risk free, on the assumption that US house prices could not decline, as this had never happened before in peacetime.

Article 28 When the securities firm is entrusted by securities registration settlement agency to open securities account for customers, it should audit name and identity authenticity declared by customers according to management rule of securities account.

The securities firm shall not provide customer s capital account and securities account to others.

Despite the trials and tribulations of the American economy, dollar securities remain the dominant form of reserves because of the unparalleled depth and liquidity of US markets. Central banks can buy and sell dollar securities without moving those markets.

If the securities firm closes all securities business, disbands, goes bankruptcy or revokes domestic branch, it should publicize in newspaper appointed by the securities regulatory agency under the State Council and submit securities business license to the securities regulatory agency under the State Council for deregistration based on regulation.

To tempt us to act differently with delightful creative scraps.

Article 37 If a securities firm is engaged in securities brokerage business, it should audit whether capital and securities in customer s account are sufficient or not.

(3) Where a securities firm violates provisions to entrust others to buy and sell securities

Whereas the average return on FDI in China was 33 for American firms in 2008, the average return on China s investment in US government securities was a mere 3 4 . So, why does China invest its savings so heavily in low return US government securities, rather than in high return domestic projects?

While China has attracted a large amount of foreign direct investment, it has bought an even larger amount of US government securities. Whereas the average return on FDI in China was 33 for American firms in 2008, the average return on China s investment in US government securities was a mere 3 4 .

Article 61 The securities firm shall not provide financing or warranty to other people using the assets of the securities brokerage customers or securities assets management customers.