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East meets West: Securities Law in general and Prospectuses in China and Australia


See Zhongguo Zhengjianhui Guanyu Chengdu Hongguang Shiye Gufen Youxian Gongsi Yanzhong Weifa Weigui Anjian De Tongbao , ZHONGGUO ZHENGQUAN BAO , Nov. 20, 1998, at 1, available in China Securities Newspaper Website (last modified Nov. 20, 1998) 〈http://www.chinasecurities.com.cn/enp/NPARTICLE.HTM〉.

SeeH Li, “China’s Securities Industry Ready for Challenges after WTO Accession” Beijing Review January, P24,January 10, 2002

See Company Law, at article 207, “A company which prepares a false prospectus, share subscription application or corporate bond offer procedure in connection with the issue of shares or corporate bonds shall be ordered to halt such issue and return all funds raised together with interest, and is fined an amount of at least one per cent and no more than five per cent of the amount of funds illegally raised. If the violation constitutes a criminal offence, criminal liability shall be investigated in accordance with the law.”
 
  

See G Golding, “Underwriters Liability in Australian Securities Offerings”, 11, C & SLJ, 401, at407, 1993

See i.d

See Interim Rule, article 21: “Article 21. In contracting for underwriting, the securities management organizations should verify the truthfulness, accuracy and completeness of the prospectus and other related publicity materials. If the documents are found to contain false and seriously misleading statements or major omission, they should not issue offer invitation or offers. If the offers have been issued, the selling activities must be stopped immediately and the same time remedial measures shall be taken.

See “China’s Commitments to the Securities Business” Beijing Review January, January 10, 2002

See H Li, “China’s Securities Industry Ready for Challenges after WTO Accession” Beijing Review January, P24,January 10, 2002
 
  

] See. i.d.
【参考文献】Bibliography:

1.    ASIC’s website available in 〈http:// www.asic.gov.au〉A. Tokley & Tina Ravn, Company and Securities Law in China,1998

2.    Andrew X Qian, “Special Section: Riding Two Horses: Corporatizing Enterprises and The Emerging Securities Regulatory Regime in China”, 12, UCLA PAC. BASIN L.J. 62 (1993)

3.    CHINA: Bourse Control Tightened, FAR E. EcoN. REV., Aug. 28, 1997

4.    China to Hold Securities Law Contest, XINHUA ENGLISH NEwsWIRE, Apr. 1, 1999, available in 1999 WL 7930771.

5.    “China’s Commitments to the Securities Business” Beijing Review January, January 10, at 23, 2002.

6.    Donald C. Clarke, Regulation and Its Discontents: Understanding Economic Law in China, 28 STAN. J. INT’L L. 283,1992

7.    D M Anderson, “Taking stock in China: Company disclosure and information in China’s stock market”, 88 Geogetown Law Journal, Jun 2000

8.    Foo Choy Peng, CSRC to Punish Fraud Directors, S. CHINA MORNING POST, May 1, 1998, Business Post

9.    Foo Choy Peng, “CSRC to Punish Fraud Directors”, S. CHINA MORNING POST, May 1, 1998, Business Post, at 6.

10.  G Gilligan, H Bird and I Ramsay: “Civil penalties and the enforcement of directors’ duties”,UNSW Law Journal, Volume 22 , p.417-455, 1999.

11.  G Golding, “Underwriters Liability in Australian Securities Offerings”, 11, C & SLJ, 401, at407, 1993

12.  Gupiao Faxing Yu Jiaoyi Guanli Zanxing Tiaoli [Interim Rules Regarding Stock Issuance and Exchange], reprinted in Renmin Ribao [People’s Daily], May 5, 1993, at 2.

13.  H Li, “China’s Securities Industry Ready for Challenges after WTO Accession” Beijing Review January, January 10, at 24, 2002.

14.  J Fu, “Information Disclosure and Investor Protection in China’s Securities Market”, 9, Australian Journal of Corporation Law, 1998


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