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Article 1. The present Detailed Rules are formulated for the purposes of implementing the Measures for the Administration of Short-term Financing Bonds (Order No. 2 [2005] of the People's Bank of China) and regulating the custody, settlement and payment of short-term financing bonds. Article 2. A short-term financing bond (hereinafter referred to as the financing bond) shall, in the form of real name book keeping form, be registered with and in the custody of the China Government Securities Depository Trust & Clearing Co. Ltd. (hereinafter referred to as the CGSDTC Co. Ltd.). The CGSDTC. Co. Ltd. shall be responsible for providing services such as secondary market transaction settlement, proxy payment and release of relevant information. Article 3. Before a financing bond issuing enterprise (hereinafter referred to the issuer) launches the initial public offering, it shall sign an Agreement on the Register, Custody and Proxy Payment of Short-term Financing Bonds (hereinafter referred to as the Agreement) with the CGSDTC. Co. Ltd. Article 4. If it is necessary to use the bond issuance system of the People's Bank of China when issuing a financing bond, the relevant provisions in the Detailed Rules for the Issuance and Settlement of Short-term Financing Bonds of Securities Companies, as a reference, shall be followed. Article 5. The issuer shall, prior to 12 o'clock on the day when the creditor's rights and debts relating to the financing bond are registered, present the CGSDTC. Co. Ltd. a Confirmation Letter for the Payment of Short-term Bond Issuance Fund (See Annex 1). The CGSDTC. Co. Ltd. shall, on the basis of the aforesaid Conformation Letter, confirm and register the creditor's rights and debts, and give the issuer a Confirmation Letter about the Completion of Formalities for the Register and Custody of Short-term Bond (See Annex 2). Article 6. After the issuance of a financing bond is ended, the issuer shall, on the next working day subsequent to the day when the creditor's rights and debts are registered, publish an Announcement about the Issuance of Short-term Financing Bond to the market (See Annex 3) on the website: www.chinabond.com.cn, and send it to the National Inter-bank Funding Center (hereinafter referred to as the NIFC). Article 7. Every trading day, the CGSDTC. Co. Ltd. shall disclose the names and holding rates of the investors each of whom holds over 30% of the total volume of a financing bond in custody by the end of the previous trading day (see Annex 4) on the website: www. chinabond.com.cn and send it to the NIFC. Article 8. The issuer shall, 5 working days prior to the payment of the principal and interest of the financing bond, publish the matters relating to the payment of the principal and interest on the website: www. chinabond.com.cn and send them to the NIFC. Article 9. The third working day prior to the maturity of the financing bond shall be the book-close date. Article 10. If the date for the payment of principal and interest of a financing bond is a legal holiday or non-business-operation day, it shall be postponed to the next working day. Article 11. When paying the principal and interest of the financing bond, the issuer shall, on the first working day prior to the payment of principal and interest, timely transfer the full amount of the money for paying the principal and interest into the fund account as designated by the CGSDTC. Co. Ltd. Article 12. The CGSDTC. Co. Ltd. shall, prior to 12 o'clock on the day of making payment for the principal and interest of the financing bond, transfer the money transferred by the issuer for making such payment into the fund accounts as designated by the financing bond investors or their settlement agents in advance. After a settlement agent receives such payment, it shall transfer it to the bank account of the relevant investor without delay. Article 13. The CGSDTC. Co. Ltd. shall, within 3 working days after the proxy payment formalities are completed, issue to the applicant a Confirmation Letter about the Completion of the Formalities for the Proxy Payment of Short-term Financing Bond (See Annex 5). Article 14. If the issuer fails to transfer the full amount of money for paying the principal and interest of the financing bond into the account designated by the CGSDTC. Co. Ltd., the CGSDTC. Co. Ltd. shall, prior to 12 o'clock on the day when such payment shall be made, release an announcement about the aforesaid fact through the website: www. chinabond.com.cn and shall send it (See Annex 6) to the NIFC for releasing it on the website: www.chinabond.com.cn. The CGSDTC. Co. Ltd. shall, within 2 working days after the failure to transfer the full amount of money for paying the principal and interest of the financing bond into the account designated by the CGSDTC. Co. Ltd., submit a detailed report in writing to the PBOC. Article 15. Within 5 working days after the issuer receives the Confirmation Letter about the Completion of Formalities for the Register and Custody of Short-term Bond or Confirmation Letter about the Completion of the Formalities for the Proxy Payment of Short-term Financing Bond, the issuer shall pay a issuance register service fee or proxy payment service fee to the CGSDTC. Co. Ltd. under the Agreement concluded by both parties. Article 16. The financing bond investors shall, at any time, consult the financing bond information disclosed by the CGSDTC. Co. Ltd. on the website: www. chinabond.com.cn upon authorization of the PBOC. The settlement agents shall timely remind their clients who invested in financing bond to pay attention to such information. Article 17. The relevant provisions of the PBOC, and the pertinent operating rules and detailed rules of the CGSDTC. Co. Ltd. shall apply to the custody and settlement of financing bonds as well as the matters not specified in the present Detailed Rules. Article 18. The power to interpret and revise the present Detailed Rules shall remain with the CGSDTC. Co. Ltd. Article 19. See Annex 7 for the contact information for consulting relevant businesses. Article 20. The present Detailed Rules shall be implemented as of the date of promulgation. Annexes (Omitted) |
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