Futures on the hearing of the Supreme Provisions on Several Issues Disputes (b)

 Supreme People's Court on the trial Futures
Provisions on Several Issues Disputes (b)

(2010  12   27  Supreme Judicial Committee meeting, adopted 1507)

Supreme 〔 2011〕 1

to resolve jurisdictional disputes related to futures, preservation and application of law enforcement issues, according to the the enactment of this provision.

Recommended reading product was in the fifth wave form has been reversed
· sugar fundamentals facing the style change in the domestic price of copper on the market more staggered walking upstream and reasonable price of sugar by 2011 under 5800 yuan central PTA strongly supports the high profile Spring Run Copper & adjourned to see the million mark campaign Jingchuang: strong metal will be adjusted upward again [the domestic futures market] [position analysis system]
to the first futures exchange for the defendant or a third party due to futures Exchange to perform their duties due to commercial cases, the location of the Futures Exchange Intermediate People's Court jurisdiction.

the second futures exchange to perform their duties due to commercial cases is:
(a) members of futures exchanges and their associated personnel, 保证金存管 banks and their relevant staff, customers, other futures market participants, in violation of laws and regulations and futures regulatory institution of the State Council, the provisions of futures, perform the regulatory functions properly, causing damage to the grounds of its commercial litigation cases filed;

(b) members of futures exchanges and their associated personnel, 保证金存管 banks and their relevant staff, customers, other futures market participants to violate its charter Futures Exchange, trading rules, implementing rules and business to the agreement, perform the regulatory functions properly, causing the damage to by the commercial litigation cases filed;

(c) caused by futures exchanges to perform their duties due to other commercial litigation cases.

third

Futures Exchange, the debtor, creditors request to freeze or transfer funds or securities in the following account, the people's court shall not support:
(a) members of futures exchanges Margin in futures funds in the account;

(b) members of futures exchanges to submit to the futures exchange securities for or used to offset margin.

Article futures companies as debtors, creditors request to freeze or transfer funds or securities in the following account, the people's court shall not support:
(a) customers in the futures company deposit funds in the account;

(b) of the customer to submit to the Futures for or used to offset margin securities.

Article V of the membership grade of a futures exchange clearing system clearing members for the debtor, the creditor requests to freeze or transfer the following funds or securities clearing members, the people's court shall not support:
(a) Non- clearing member Clearing Member in the margin account funds;

(b) Non-clearing members to submit to the clearing members for or used to offset margin securities.

evidence of Article VI in the margin account, over the third, fourth, fifth provides some of the funds or securities, rights, futures, futures, or futures exchange clearing member firm in the People's Court designated not within a reasonable period of evidence to the contrary, the court may by law to freeze or transfer the excess funds or securities.
evidence of futures exchanges, futures companies, futures exchange clearing members confuse their own funds and deposits occur, futures exchanges, futures, or futures exchange clearing member firm in the people's court within a reasonable period specified by the evidence to the contrary can not be the people's court according to law to freeze or transfer of funds within the account or securities.

Article VII of the membership grade of the futures clearing system or its clearing members as a debtor, the creditor requests to freeze or transfer its futures clearing members shall receive the settlement guarantee fund, the people's court shall not support.
there is evidence that clearing members in the settlement guarantee fund special account in the exchange requires more than the amount of security deposit part of the settlement, the clearing members in the people's court within a reasonable period not specified evidence to the contrary, the court may by law to freeze, allocation of excess funds.

Article VIII

People's Court in the process of handling cases, the law needs to futures exchanges, futures companies and freeze or transfer funds or securities, futures exchanges, futures companies should be assisted. Should assist the court, to assist, in accordance with the

before the implementation of Article IX of the provisions of these cases are no longer accepted the transfer.

the provisions of Article X of the Court made before the implementation of the relevant judicial interpretations inconsistent with the provisions as to the latter shall prevail.