中国证券监督管理委员会机构监管部关于证券公司发行短期融资券相

机构部部函[2005]18号

颁布日期：20050111 　实施日期：20050111 　颁布单位：中国证券监督管理委员会

　　Ji Gou Bu Bu Han [2005] NO. 18

　　All securities companies：

　　Pursuant to the provisions of the Measures for Administration of Short-term Financing Bond of Securities Companies， the Memorandum¹ of Understanding on the Measures for Administration of Short-term Financing Bond of Securities Companies of the People's Bank of China， the China Securities Regulatory Commission and the China Banking² Regulatory Commission， the related issues about qualification approval of the issuance of short-term financing bonds for securities companies are hereby notified as follows：

　　1. The securities company which proposes to issue short-term financing bond shall submit to the Supervision³ Department the materials that prove it consistent with the fundamental conditions of issuing short-term financing bond prescribed in the Measures for Administration of Short-term Financing Bond of Securities Companies， including：

　　（1） The basic information of proposed issuance of the short-term financing bond， including the aims， repayment⁴ arrangement， funds usage， the company's net assets in recent three months and etc……；

　　（2） The preservation⁵ of trading settlement funds of the clients of the company， the enforcement of the Circular of Further Strengthening the Supervision of Clients Trading Settlements funds of Securities Companies， and the commitment that senior managers doesn't misappropriate the clients trading settlements funds and bear the relevant responsibilities；

　　（3） The account of the company internal control mechanism⁶ and its execution， including the separate management of the application of equity⁷ capital from the assets management business for clients as an agent， the construction of medium and back platform and control of the operation risks of the front platform， and commitment of rules-compliance operation of the company；

　　（4） The evaluation⁸ of the assets and liabilities in accordance with relevant rules adopted by the company；

　　（5） The appraisal⁹ and control of stock risks of the company；

　　（6） The copy of approval document of national inter-bank borrowing （lending） market membership；

　　（7） The copy of announcement on information disclosure publicized by the inter-bank borrowing center.

　　2. The Supervision department shall exanimate the materials submitted by securities companies in accordance with Article 9 of the Measures for Administration of Short-term Financing Bond of Securities Companies， and issue an approval letter to the qualified¹⁰ securities company.

　　3. In the first year of the implementation¹¹ of the Measures for Administration of Short-term Financing Bond of Securities Companies， securities companies of innovational tryout or normalized development type that passed the review of the Securities Association of China may not retain credit rating agencies to make credit rating at the time of issuance of short-term financing bond.

　　4. All securities companies shall abide¹² by the provisions of the Measures for Administration of Short-term Financing Bond of Securities Companies， and carry out earnestly the issuance， trading and information disclosure of short-term financing bonds， and report timely to the China Securities Regulatory Commission and the People's Bank of China if they encounter material problems.

　　The Supervision department of the China Securities Regulatory Commission

　　January 11， 2005