DISCLAIMER: This English translation is being provided for informational purposes only and represents a desire by NCCE to promote better understanding of the NCCE by non-resident participants. While care has been taken to ensure that the translation is accurate and complete, NCCE accepts no liability or responsibility for any loss or damages, including trading losses, that may be incurred from any inaccuracy or omission in the English translation. In the event of discrepancies between the English version and the original Chinese version, the Chinese version shall prevail. Any dispute that may arise within or without a court of law with regard to the meaning of the words, provisions and stipulations of the rules, regulations and agreements shall be resolved in accordance with the Chinese texts. 中文版
Contents Chapter 1 General Provision Chapter 2 Advertising Methods of Operation Center/ Offshore Center Chapter 3 Management of Advertisement for Operation Center/ Offshore Center Chapter 4 Guidelines of Advertisement for Operation Center/ Offshore Center Chapter 5 Advertising Regulations of Operation Center/ Offshore Center Chapter 6 Penalty Chapter 7 Supplementary Regulations Chapter 1 General Provision Article 1 Subjected to National laws, rules, industrial policies and relevant rules of NCCE to enact this measures. The purpose is to regulate the information and methods disseminated by the Operation Center/ Offshore Center of NCCE to safeguard the trading orders and all shareholder’s interests. Article 2 The Exchange is upholding the principle of fairness, justice, openness and faith to manage and assist the Operation Center/ Offshore Center to disseminate commercial information comply with Rules of the Exchange and Laws of nation. Article 3 Operation Center/ Offshore Center means the Legal Representative and the Economic Organization authorized and approved by NCCE (the “Exchange”) to expand a variety of commodity memberships, brokerages and the other services of own-running businesses according to the relevant laws and the rules of the Exchange. Article 4 Dissemination of Operation Centers/ Offshore-Centers in this Measures mean the activities of dissemination shall be initiated through different medias, site marketing and posting at office area in accordance with the requirements of expanding market and relevant services of NCCE. Article 5 This Measures apply to all staffs of branches of Operation Centers/ Offshore-Centers.
Chapter 2 Method of Dissemination Article 6 Graphics, Videos and Languages etc., shall be used to disseminate the information for Operation Center/ Offshore-Center. Article 7 All information contents of dissemination for Operation Center/ Offshore Center shall be approved by the Exchange and complied with the National laws and regulations of the Local governments. Article 8 Operation Center/ Offshore-Center shall conduct the promotion activities and information-disseminated under the permission and approval of the Exchange before starting. Article 9 Operation Center/ Offshore-Center’s dissemination activities shall be determined by the Exchange time to time according to the new relevant Laws, regulations and policies of the Government.
Chapter 3 Regulation of Dissemination for Operation Center/ Offshore-Center Article 10 All graphics, videos and audios of Operation Center/ Offshore-Center for business promotion purpose shall be reported and approved by NCCE as well as the methods and channels of dissemination before conducting. Article 11 The contents of dissemination which applied by Operation Center/ Offshore-Center shall be reported and approved by NCCE as below: (1) Various methods of dissemination contents of writing; (2) Video files, audio files and characters of dissemination shall be provided by Operation Center/ Offshore-Center; (3) The program of dissemination of Operation Center/ Offshore-Center; (4) Documents and text contents shall be provided by Operation Center/ Offshore-Center for approval of other Exchanges. Article 12 All dissemination files shall be designated by the Exchange and it will be displayed obviously places by Operation Center/ Offshore-Center for the memberships. Article 13 The new designated dissemination files shall be changed time to time according to the Exchange commercial strategies. Operation Center/ Offshore-Center shall stop using the primary promotion files, and start utilizing the latest one on time. Article 14 All dissemination files shall be submitted by Operation Center/ Offshore-Center and approved by the Exchange after reporting in 3 work-day. Article 15 The Exchange shall review and issue a notification with “PASS” or “NAGTIVE” after receiving the report of dissemination files from Operation Center/ Offshore-Center in 5 working days. Article 16 The methods and trennels of dissemination shall be conducted by Operation Center/ Offshore-Center after acquiring the authorization and approval from the Exchange. The Exchange will not take the responsibility for the dissemination contents due to it is the internal review only. Article 17 The application and report shall be submitted again by Operation Center/ Offshore-Center if the contents and measures of dissemination reviewed by the Exchange are failed. Chapter 4 Guideline of Dissemination for Operation Center/ Offshore-Center
Article 18 All contents of dissemination of Operation Center/ Offshore-Center shall be complied with the National laws and the Regulations of the Exchange. Article 19 Any temptation, misleading and commitment information is prohibited showing on the dissemination files of Operation Center/ Offshore-Center, including the potential risk texts and the fuzzy languages which trigger easily disputes. Article 20 The contents of temptation, misdirection and commitment are as below: 1) To intercept a certain person’s record of trading or commodity price chart in a period for dissemination; 2) Orientation of suggestion and conclusion is included in the contents of dissemination; 3) An affirmative conclusion contained or made by Operation Center/ Offshore-Center or individual. 4) To choose parts of contents in relevant reports to guide other memberships to make a conclusion which will be benefit to Operation Center/ Offshore-Center; 5) To conceal the risk hints or misguide the memberships to ignore the contents of risk hints; 6) To guide the memberships to ignore or pay less attention on agreements, rules and contents of the Exchange; 7) Other title sponsorships are used for the dissemination without approval of Operation Center/ Offshore-Center or other Exchanges. 8）Staffs and the LOGO of business cards of Operation Center/ Offshore-Center or other Signs, Patterns and Characters…etc., without approval of the Exchange which might make public confused or misunderstood; 9）Dissemination files of Operation Center/ Offshore-Center are out of line with the truth; 10）To commit low risks, minimum interests, guarantees and fixed income etc.; 11）Contents included discretionary account operation or managing finance for clients; 12）Other contents of temptation, misleading and commitment are defined by the Exchange. Article 21 All potential trading risks shall be exposed by Operation Center/ Offshore-Center in the period of dissemination, and sign of “investment has certain risks, be wised with your decision” shall be displayed obviously on the dissemination files. Article 22 “The Operation Center/ Offshore-Center shall be supervised by NCCE. Tell: 0086 4008 099 361; Official Website: www.chinancce.com”, which shall be marked on the dissemination files of Operation Center/ Offshore-Center. Article 23 Operation Center/ Offshore-Center shall supervise and manage all staffs and braches, as well as false advertisement disseminated by staffs and branches are prohibited. Operation Center/ Offshore-Center shall take its own responsibility for false advertisement of dissemination. Article 24 The contents of Article 20 exist in the dissemination files shall be deemed to violate the rules of the Exchange, Operation Center/ Offshore-Center shall be punished seriously by the Exchange, as well as handled by the Judiciary of local country as breaking the relevant laws.
Chapter 5 Codes of Conduct for Operation Center/ Offshore-Center
Article 25 Operation Center/ Offshore-Center shall not be on behalf of clients signing contract, opening account and entering market without the Exchange authority within the period of promotion of opening account. Article 26 Operation Center/ Offshore-Center shall explain the details of the trading risks and other requirements to the memberships for opening account.
Chapter 6 Penalties Article 27 Operation Center/ Offshore-Center shall be punished according to the relevant rules of the Exchange as the Operation Center/ Offshore-Center violated this Administrative Management. Article 28 The Exchange shall take measurements to prevent Operation Center/ Offshore-Center from violating the rules of the Exchange as below: 1) Verbal Warning; 2) Written Warning; 3) Compulsory Retraining; 4) Suspend opening new account for brokers; 5) Suspend the qualification of Operation Center/ Offshore-Center; 6) Cancel the qualification of Operation Center/ Offshore-Center. Article 29 The Exchange shall issue notification of rectification or circulating a notice of criticism after investigation and confirmation. As well as the Exchange shall suspend or cancel the qualification of Operation Center/ Offshore-Center as bellow: 1) Dissemination files used and baneful influence occurred by Operation Center/ Offshore-Center without the authority and review of the Exchange; 2) Changing the dissemination files which reviewed by the Exchange without mutual consents; 3) Contents of allurements, misleading and commitments displayed in the promotion files; 4) The contents of promotion or methods violated the laws of local country; 5) Violate other rules of the Exchange. Article 30 Compulsory retraining of the Operation Center/ Offshore-Center staffs shall be taken by the Exchange, even the qualification of its shall be suspended or canceled by the Exchange if baneful influence occurred as following: 1) Operation Center/ Offshore-Center violated frequently the rules of the Exchange under Article 29; 2) Contents of the Audio and Video dissemination is unqualified relevant requirements of the Exchange; 3) Methods of dissemination are unqualified or illegal according to relevant requirements of the Exchange and local laws; 4) Other relevant rules formulated by the Exchange. Article 31 New brokerage account of Operation Center/ Offshore-Center shall be suspended after the review of the Exchange, the qualification of Operation Center/ Offshore-Center will be suspended or canceled by the Exchange as the serious influence occurred as below: 1) Operation Center/ Offshore-Center violated frequently the rules of Article 30; 2) Operation Center/ Offshore-Center did not explain relevant risk details in trading documents and other requirements needed by the Exchanges; 3) Operation Center/ Offshore-Center is on behalf of clients to sign contract, open account and enter market etc.; 4) Violate other rules of the Exchange. Article 32 After review and approval of the Exchange, the new brokerage’s business can be restarted by Operation Center/ Offshore-Center as revising the behaviors of violation. Article 33 The qualification of Operation Center/ Offshore-Center shall be suspended by the Exchange after confirmation as below: 1) Operation Center/ Offshore-Center violated the Regulation frequently under Article 31; 2) Temptation, misleading and commitment contents exist in the dissemination files of Operation Center/ Offshore-Center, it still did not rectify after the written notice issued by the Exchange; 3) Dissemination methods of Operation Center/ Offshore-Center prohibited by local law enforcement agencies and retrained by the Exchange; 4) Violate other rules of the Exchange. Article 35 Cancelation of the operation qualification shall be taken by the Exchange in case the following: 1) Violated the regulations frequently under the Article 29, 30,31 and 33 etc.; 2) Cancelation of the operation qualification shall be taken by local governments as violated the laws of country; 3) Cancelation of the operation qualification shall be deemed to be necessary to the Exchange; 4) Violate other rules of the Exchange. Chapter 7 Supplementary Regulations
Article 36 NCCE reserves the rights for final interpretation and amendments to the Regulation. Article 37 The Regulation is put in to practice since the date of implementation. Nanning(China-ASEAN) Commodity Exchange Limited August 1st 2016 |
