中華人民共和國(guó)證券法(10)
第一百八十一條 證券交易所、證券公司、證券登記結(jié)算機(jī)構(gòu)、證券交易服務(wù)機(jī)構(gòu)的從業(yè)人員、證券業(yè)協(xié)會(huì)或者證券監(jiān)督管理機(jī)構(gòu)的工作人員,故意提供虛假資料,偽造、變?cè)旎蛘咪N毀交易記錄,誘騙投資者買賣證券的,取消從業(yè)資格,并處以三萬(wàn)元以上五萬(wàn)元以下的罰款;屬于國(guó)家工作人員的,還應(yīng)當(dāng)依法給予行政處分。構(gòu)成犯罪的,依法追究刑事責(zé)任。
Article 181. Workers of securities trading centers, securities companies, securities registration and settling organs, and securities trading service organs, and workers of associations of the securities trade and securities regulatory bodies, who intentionally provide false materials, or who falsify, alter, or destroy securities transaction records, in an attempt to trick investors into buying or selling securities, are to be deprived of their work eligibility and fined for an amount between 30,000 yuan and 50,000 yuan. If they are state workers, they shall also be given an administrative penalty. Those involved in crimes are to be investigated for their criminal liability according to law.
第一百八十二條 為股票的發(fā)行或者上市出具審計(jì)報(bào)告、資產(chǎn)評(píng)估報(bào)告或者法律意見(jiàn)書等文件的專業(yè)機(jī)構(gòu)和人員,違反本法第三十九條的規(guī)定買賣股票的,責(zé)令依法處理非法獲得的股票,沒(méi)收違法所得,并處以所買賣的股票等值以下的罰款。
Article 182. Specialized organs providing auditing reports, assets assessment reports, legal opinion documents, or other documents, for the issuing or marketing of stocks, and their workers, who buy or sell stocks in violation of Article 39 of this law, are to be ordered to dispose according to the law of their illegally obtained stocks. Their illegal earnings are to be confiscated and they are to be fined for an amount not more than the value of the stocks in question.
第一百八十三條 證券交易內(nèi)幕信息的知情人員或者非法獲取證券交易內(nèi)幕信息的人員,在涉及證券的發(fā)行、交易或者其他對(duì)證券的價(jià)格有重大影響的信息尚未公開前,買入或者賣出該證券,或者泄露該信息或者建議他人買賣該證券的,責(zé)令依法處理非法獲得的證券,沒(méi)收違法所得,并處以違法所得一倍以上五倍以下或者非法買賣的證券等值以下的罰款。
Article 183. Those having access to or having illegally obtained inside information about securities transaction who, before information concerning securities issuance or transaction or other information that would have an important effect on the prices of securities is announced, buy or sell the securities in question, disclose relevant information, or suggest that other people buy or sell the securities in question, are to be ordered to dispose according to the law of their illegally obtained securities. Their illegal earnings are to be confiscated, and they are to be fined for an amount between one and five times their illegal earnings or an amount not more than the value of the said securities of the illegal transaction.
構(gòu)成犯罪的,依法追究刑事責(zé)任。證券監(jiān)督管理機(jī)構(gòu)工作人員進(jìn)行內(nèi)幕交易的,從重處罰。
Those involved in crimes are to be investigated for their criminal liability according to the law. Workers of securities regulatory bodies who engage in inside trading are to be given heavy punishment.
第一百八十四條 任何人違反本法第七十一條規(guī)定,操縱證券交易價(jià)格,或者制造證券交易的虛假價(jià)格或者證券交易量,獲取不正當(dāng)利益或者轉(zhuǎn)嫁風(fēng)險(xiǎn)的,沒(méi)收違法所得,并處以違法所得一倍以上五倍以下的罰款。構(gòu)成犯罪的,依法追究刑事責(zé)任。
Article 184. Illegal earnings of those who, in violation of Article 71 of this law, manipulate securities transaction prices, or fabricate false securities transaction prices or volumes, in an attempt to gain illegitimate interests or shift risks to other people, are to be confiscated; they are to be fined for an amount between one and five times of their illegal earnings. Those involved in crimes are to be investigated for their criminal liability according to the law.
第一百八十五條 違反本法規(guī)定,挪用公款買賣證券的,沒(méi)收違法所得,并處以違法所得一倍以上五倍以下的罰款;屬于國(guó)家工作人員的,還應(yīng)當(dāng)依法給予行政處分。構(gòu)成犯罪的,依法追究刑事責(zé)任。
Article 185. Illegal earnings of those, in violation of relevant stipulations of this law, using public fund to engage in securities trading are to be confiscated, and they are to be fined for an amount between one and five times their illegal earnings. If they are state workers, they shall also be given an administrative penalty according to law. Those involved in crimes are to be investigated for their criminal liability according to law.
第一百八十六條 證券公司違反本法規(guī)定,為客戶賣出其帳戶上未實(shí)有的證券或者為客戶融資買入證券的,沒(méi)收違法所得,并處以非法買賣證券等值的罰款。對(duì)直接負(fù)責(zé)的主管人員和其他直接責(zé)任人員給予警告,并處以三萬(wàn)元以上三十萬(wàn)元以下的罰款。構(gòu)成犯罪的,依法追究刑事責(zé)任。
Article 186. Illegal earnings of securities companies which, in violation of relevant stipulations of this law, sell for their customers securities that are not actually in their customers' accounts, or which finance their customers in buying securities, are to be confiscated, and the companies in question are to be fined for an amount equal to the value of the securities traded. Persons in charge who are directly responsible for the case and other persons with direct responsibility are to be warned and fined for an amount between 30,000 yuan and 300,000 yuan. Those involved in crimes are to be investigated for their criminal liability according to law.
第一百八十七條 證券公司違反本法規(guī)定,當(dāng)日接受客戶委托或者自營(yíng)買入證券又于當(dāng)日將該證券再行賣出的,沒(méi)收違法所得,并處以非法買賣證券成交金額百分之五以上百分之二十以下的罰款。
Article 187. Illegal earnings of securities companies which, in violation of relevant stipulations of this law, buy securities on behalf of their customers or on their own behalf and sell them on the same day are to be confiscated, and the companies in question are to be fined for an amount between five percent and twenty percent of the amount of the illegal securities transaction.
第一百八十八條 編造并且傳播影響證券交易的虛假信息,擾亂證券交易市場(chǎng)的,處以三萬(wàn)元以上二十萬(wàn)元以下的罰款。構(gòu)成犯罪的,依法追究刑事責(zé)任。
Article 188. Those who fabricate and disseminate false information that affect securities trading, which disturb securities trading markets, are to be fined for an amount between 30,000 yuan and 200,000 yuan. Those involved in crimes are to be investigated for their criminal liability according to law.
第一百八十九條 證券交易所、證券公司、證券登記結(jié)算機(jī)構(gòu)、證券交易服務(wù)機(jī)構(gòu)、社會(huì)中介機(jī)構(gòu)及其從業(yè)人員,或者證券業(yè)協(xié)會(huì)、證券監(jiān)督管理機(jī)構(gòu)及其工作人員,在證券交易活動(dòng)中作出虛假陳述或者信息誤導(dǎo)的,責(zé)令改正,處以三萬(wàn)元以上二十萬(wàn)元以下的罰款;屬于國(guó)家工作人員的,還應(yīng)當(dāng)依法給予行政處分。構(gòu)成犯罪的,依法追究刑事責(zé)任。
Article 189. Securities exchanges, securities companies, securities registration and settling organs, securities trading service organs, and social intermediary organs, and their workers, and associations of the securities trade and securities supervision and management organs and their workers, who make false statements or provide misleading information in securities trading activities, are to be ordered to make corrections and to be fined for an amount between 30,000 yuan and 200,000 yuan. If they are state workers, they shall also be given an administrative penalty according to the law. Those involved in crimes are to be investigated for their criminal liability according to the law.
第一百九十條 違反本法規(guī)定,法人以個(gè)人名義設(shè)立帳戶買賣證券的,責(zé)令改正,沒(méi)收違法所得,并處以違法所得一倍以上五倍以下的罰款;其直接負(fù)責(zé)的主管人員和其他直接責(zé)任人員屬于國(guó)家工作人員的,依法給予行政處分。
Article 190. Legal persons who, in violation of relevant stipulations of this law, establish accounts in the name of individuals for securities trading, are to be ordered to make corrections. Their illegal earnings are to be confiscated and they are to be fined for an amount between one and five times of their illegal earnings. Their persons in charge directly responsible for the case and other persons with direct responsibility who are state workers are to be given administrative penalty according to law.
第一百九十一條 綜合類證券公司違反本法規(guī)定,假借他人名義或者以個(gè)人名義從事自營(yíng)業(yè)務(wù)的,責(zé)令改正,沒(méi)收違法所得,并處以違法所得一倍以上五倍以下的罰款;情節(jié)嚴(yán)重的,停止其自營(yíng)業(yè)務(wù)。
Article 191. General securities companies which, in violation of relevant stipulations of this law, engage in their own business in the name of other people or in the name of individuals are to be ordered to make corrections. Their illegal earnings are to be confiscated and they are to be fined for an amount between one and five times of their illegal earnings. Operations of those of which cases are serious are to be terminated.
第一百九十二條 證券公司違背客戶的委托買賣證券、辦理交易事項(xiàng),以及其他違背客戶真實(shí)意思表示,辦理交易以外的其他事項(xiàng),給客戶造成損失的,依法承擔(dān)賠償責(zé)任,并處以一萬(wàn)元以上十萬(wàn)元以下的罰款。
Article 192. Securities companies which, in violation of their customers' commissions, trade securities or conduct other trading activities, or, in violation of their customers' real intentions, conduct activities other than securities trading, which result in their customers' losses, are to assume according to law responsibility to pay for the losses and are to be fined for an amount between 10,000 yuan and 100,000 yuan.
第一百九十三條 證券公司、證券登記結(jié)算機(jī)構(gòu)及其從業(yè)人員,未經(jīng)客戶的委托,買賣、挪用、出借客戶帳戶上的證券或者將客戶的證券用于質(zhì)押的,或者挪用客戶帳戶上的資金的,責(zé)令改正,沒(méi)收違法所得,處以違法所得一倍以上五倍以下的罰款,并責(zé)令關(guān)閉或者吊銷責(zé)任人員的從業(yè)資格證書。構(gòu)成犯罪的,依法追究刑事責(zé)任。
Article 193. Securities companies, securities registration and settling organs, and their workers who, without their customers' commissions, trade, misappropriate, or lend securities in their customers' accounts, who use their customers' securities as pledges, or who misappropriate funds in their customers' accounts, are to be ordered to make corrections. Their illegal earnings are to be confiscated and they are to be fined for an amount between one and five times their illegal earnings. In addition, the companies in question are to be closed down or the professional credentials of their persons in charge are to be revoked. Those involved in crimes are to be investigated for their criminal liability according to law.
第一百九十四條 證券公司經(jīng)辦經(jīng)紀(jì)業(yè)務(wù),接受客戶的全權(quán)委托買賣證券的,或者對(duì)客戶買賣證券的收益或者賠償證券買賣的損失作出承諾的,責(zé)令改正,處以五萬(wàn)元以上二十萬(wàn)元以下的罰款。
Article 194. In conducting brokerage business, securities companies which trade securities with their customers' full commissions, or which make commitment to their customers' earnings from securities trading or to paying for the losses resulting from securities trading, are to be ordered to make corrections and to be fined for an amount between 50,000 yuan and 200,000 yuan.
第一百九十五條 違反上市公司收購(gòu)的法定程序,利用上市公司收購(gòu)謀取不正當(dāng)收益的,責(zé)令改正,沒(méi)收違法所得,并處以違法所得一倍以上五倍以下的罰款。
Article 195. Those who violate the legal procedures on listed companies' purchases or seek illegitimate gains making use of listed companies' purchases are to be ordered to make corrections. Their illegal earnings are to be confiscated and they are to be fined for an amount between one and five times of their illegal earnings.
第一百九十六條 證券公司及其從業(yè)人員違反本法規(guī)定,私下接受客戶委托買賣證券的,沒(méi)收違法所得,并處以違法所得一倍以上五倍以下的罰款。
Article 196. Illegal earnings made by securities companies or their workers, in violation of relevant stipulations of this law, through trading securities over their customers' private commissions are to be confiscated, and they are to be fined for an amount between one and five times their illegal earnings.
第一百九十七條 證券公司違反本法規(guī)定,未經(jīng)批準(zhǔn)經(jīng)營(yíng)非上市掛牌證券的交易的,責(zé)令改正,沒(méi)收違法所得,并處以違法所得一倍以上五倍以下的罰款。
Article 197. Securities companies which, in violation of relevant stipulations of this law and without approval, conduct trading of non?listed securities are to be ordered to make corrections. Their illegal earnings are to be confiscated and they are to be fined for an amount between one and five times their illegal earnings.
第一百九十八條 證券公司成立后,無(wú)正當(dāng)理由超過(guò)三個(gè)月未開始營(yíng)業(yè)的,或者開業(yè)后自行停業(yè)連續(xù)三個(gè)月以上的,由公司登記機(jī)關(guān)吊銷其公司營(yíng)業(yè)執(zhí)照。
Article 198. Business licenses of securities companies which do not begin to operate more than three months after they are established, if no valid reasons are given, and of those which suspend operations on their own for three consecutive months or longer, are to be revoked by a company registration organ.
第一百九十九條 證券公司違反本法規(guī)定,超出業(yè)務(wù)許可范圍經(jīng)營(yíng)證券業(yè)務(wù)的,責(zé)令改正,沒(méi)收違法所得,并處以違法所得一倍以上五倍以下的罰款。情節(jié)嚴(yán)重的,責(zé)令關(guān)閉。
Article 199. When a securities company violates the regulations of this law and does securities?related businesses that exceed its authorized scope, it shall be instructed to mend its way, its illegitimate incomes shall be confiscated, and it shall be fined for a sum that is between one to five times that of its illegitimate income. If the case is serious, it shall be ordered to close.
第二百條 證券公司同時(shí)經(jīng)營(yíng)證券經(jīng)紀(jì)業(yè)務(wù)和證券自營(yíng)業(yè)務(wù),不依法分開辦理,混合操作的,責(zé)令改正,沒(méi)收違法所得,并處以違法所得一倍以上五倍以下的罰款;情節(jié)嚴(yán)重的,由證券監(jiān)督管理機(jī)構(gòu)撤銷原核定的證券業(yè)務(wù)。
Article 200. When a securities company also operates as a securities broker and sells securities by itself all at the same time instead of handling these businesses separately as required by the law, it shall be instructed to mend its ways, its illegitimate income shall be confiscated, and it shall be fined for a sum that is between one and five times that of its illegitimate income. If the case is serious, a security regulatory body shall retract the licensing of its business.
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