CHI CSRC Unified Penalty Decisions

Updated on: Jan 22, 2025

Latest Event


  • Jan. 2025 Rules Finalized
  • On Jan. 17, 2025, CHI CSRC finalized the basic rules and published answers to press.
  • The rules take a comprehensive approach to securities and futures violations, integrating punishment, prevention, remediation with multi-dimensional accountability.
  • Criminal violations must be referred to judicial authorities, civil liability pursued for infringements, and non-punitive measures applied where penalties are not imposed.
  • To implement the rules, efforts will be focused on promoting awareness among market participants, fostering compliance, and ensuring regulatory personnel are trained.
  • The basic rules will be effective from Mar. 1, 2025.

On Jun. 7, CHI CSRC proposed basic rules re administrative penalty.

  • CHI CSRC drafted Basic rules for administrative penalty discretion, to regulate penalty discretion, unify enforcement standards, enhance transparency, and ensure fairness.
  • Follows CHI GVT Aug. 2022 issued opinions on formulating benchmarks, see #146210.
  • Also follows CHI GVT Jul. 2021 issued opinions on illegal securities activities, #110224.
  • Proposal
  • Includes rules on penalty procedures, confiscation of illegal gains, penalties for joint offenders/directly responsible personnel of entities, application of old and new laws.
  • Also, multidimensional accountability, and coordination with criminal proceedings.
  • Clarifies the scope and meaning of discretionary levels, such as no penalty, exemption from penalty, reduced penalty, lenient penalty, general penalty, and severe penalty.
  • CHI CSRC will supervise, guide its subordinate agencies' exercise of penalty powers.
  • Effectiveness
  • The consultation is open until Jul. 7, 2024.
  • Jan. 2025 Rules Finalized
  • On Jan. 17, 2025, CHI CSRC finalized the basic rules and published answers to press.
  • The rules take a comprehensive approach to securities and futures violations, integrating punishment, prevention, remediation with multi-dimensional accountability.
  • Criminal violations must be referred to judicial authorities, civil liability pursued for infringements, and non-punitive measures applied where penalties are not imposed.
  • To implement the rules, efforts will be focused on promoting awareness among market participants, fostering compliance, and ensuring regulatory personnel are trained.
  • The basic rules will be effective from Mar. 1, 2025.
Regulators
CHI CSRC
Entity Types
B/D; Corp
Reference
PR, RN CSRC No. 225, 1/17/2025; CP, 6/7/2024
Functions
Compliance; Exams; Financial; Legal; Market Conduct; Treasury
Countries
China
Category
State
N/A
Products
Corporate; Securities
Rule Type
Final
Regions
AP
Rule Date
Jun 7, 2024
Effective Date
Mar 1, 2025
Rule ID
215123
Linked to
Reg. Last Update
Jan 17, 2025
Report Section
International