【法规名称】
【法规编号】 82419 什么是编号？
【正 文】
第2页 CAP 571R SECURITIES AND FUTURES (SHORT SELLING AND SECURITIES BORROWING AND LENDING (MISCELLANEOUS)) RULES
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[接上页] Cap 571R s 4 Classes of persons and circumstances in which certain requirements of section 171 of the Ordinance not to have effect (1) Section 171(1) of the Ordinance does not have effect in relation to a specified short selling order, which is made by a person, where he is selling as a principal, and who at the time of conveying the short selling order, provides his agent with an oral assurance that the counterparty to the securities borrowing and lending agreement in question has the securities to which the order relates available to lend to him provided such person- (a) (i) records such oral assurance in the form of a tape recording; (ii) enters into an arrangement with his agent whereby the agent has agreed to- (A) record such oral assurance in the form of a tape recording; or (B) at the time of his receiving the short selling order, record the particulars as described in subsection (4) to which the order relates on a time-stamped record; or(iii) confirms the giving of the oral assurance in the form of a document to the agent by the end of the day on which it was given; and(b) complies with the applicable requirements of subsection (5).(2) Section 171(3) of the Ordinance does not have effect in relation to a specified short selling order, which is made by an exchange participant, where he is selling as a principal provided that such exchange participant- (a) prior to conveying the short selling order- (i) has received from the counterparty to the securities borrowing and lending agreement in question an oral assurance that the counterparty has the securities to which the order relates available to lend to him; and (ii) has- (A) recorded the oral assurance in the form of a tape recording; (B) recorded the particulars as described in subsection (4) to which the order relates on a time-stamped record; or (C) entered into an arrangement with the counterparty whereby the counterparty has agreed to- (I) record the particulars as described in subsection (4) to which the order relates in the form of a document; and (II) provide such document to the exchange participant by the end of the day on which the assurance was given; and(b) complies with the applicable requirements of subsection (5).(3) Section 171(5) of the Ordinance does not have effect in relation to a specified short selling order made by a person, where he is selling as an agent provided such person- (a) prior to conveying the short selling order- (i) has received from his principal, or the other person for whose benefit or on whose behalf such order is made (as the case may be) an oral assurance that the counterparty to the securities borrowing and lending agreement in question has the securities to which the order relates available to lend to him; and (ii) has- (A) recorded the oral assurance in the form of a tape recording; (B) recorded the particulars as described in subsection (4) to which the order relates on a time-stamped record; or (C) entered into an arrangement with his principal, or that other person (as the case may be), whereby his principal, or such other person (as the case may be) has agreed to provide a confirmation of the oral assurance in the form of a document to him by the end of the day on which the assurance was given; and(b) complies with the applicable requirements of subsection (5).(4) For the purposes of subsections (1)(a)(ii)(B), (2)(a)(ii)(B) and (C)(I) and (3)(a)(ii)(B), particulars are- (a) the securities or group of securities borrowed under the securities borrowing and lending agreement, available for borrowing and the quantity; and (b) whether a blanket assurance or a hold has been given or a borrow has been entered into, and the time it was given or entered into (as the case may be).(5) Any person who records an oral assurance or particulars as described in subsection (4) or who receives a confirmation of an oral assurance in the form of a document (including a tape recording or time-stamped record) under subsection (1), (2) or (3) shall- (a) retain such document for not less than one year from the date of recording, collecting or receiving such assurance or particulars (as the case may be); and (b) upon request made by the Commission at any time within that period give the Commission access to and produce the document within the time and at the place specified by the Commission.(6) For the purposes of this section, a "specified short selling order" is an order which is a short selling order within the meaning of paragraph (a)(i) of the definition of "short selling order" in section 1 of Part 1 of Schedule 1 to the Ordinance. Cap 571R s 5 Record keeping by lenders under securities borrowing and lending agreements (1) When a lender under a securities borrowing and lending agreement gives a blanket assurance or a hold to a borrower, or enters into a borrow, the lender shall keep records in the form of a document, containing the following particulars- (a) the name of the borrower; (b) the securities or group of securities borrowed, or available for borrowing and the quantity thereof; and (c) whether a blanket assurance or a hold has been given or a borrow has been entered into, and the time it was given or entered into (as the case may be).(2) The lender shall- (a) subject to paragraph (b), retain the records referred to in subsection (1) for not less than one year from the date the relevant record was made; and (b) upon request made at any time within that year by the Commission, provide copies of any such record to the Commission.(3) Where a lender under a securities borrowing and lending agreement is lending as an agent, such person shall be regarded as the lender for the purposes of subsections (1) and (2). (4) In this section, "securities" (证券) means securities which are listed on a recognized stock market operated by the Stock Exchange Company. |
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