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Article 76 The securities regulatory department under the State Council shall perform the following duties according to law:
- Formulating the regulation and rules on the supervision and administration of the activities concerning securities investment fund according to law and exercising the power of examination and approval and ratification according to law;
- Making records of the fund;
- Supervising and administering the activities concerning securities investment fund undertaken by the fund manager, fund trustee and other institutions, and investigating and punishing the illegal acts and making public announcements;
- Formulating the qualification standards and code of conduct of the fund practitioners and supervising the implementation thereof;
- Supervising and inspecting the disclosure of fund information;
- Directing and supervising the activities of the fund associations; and
- Other duties provided for by laws and administrative regulations.
Article 77 The securities regulatory department under the State Council shall have the right to take the following measures when performing its duties according to law:
- Entering the scene where an illegal act occurred to make investigation and obtain evidence;
- Enquiring the parties concerned and the entities and individuals relating to the event under investigation and requiring them to make explanations with respect to the matters relating to the event under investigation;
- Consulting and duplicating the securities transaction records, transfer registration records, financial accounting materials and other relevant documents and materials of the parties concerned and the entities and individuals relating to the event under investigation, and sealing the documents and materials that might be transferred or hidden;
- Enquiring about the capital accounts, securities accounts or fund accounts of the parties concerned and the entities and individuals relating to the event under investigation, and applying to judicial organs for freezing the illegal capital or securities which may be transferred or hided as showed by evidence;
- Other measures provided for by laws and administrative regulations.
Article 78 There shall be no less than 2 functionaries of the securities regulatory department under the State Council when performing their duties and making the investigation or inspection according to law, and they shall show their legal certificates. They are obliged to keep confidential the business secrets they get to know through the investigation or inspection.
Article 79 The functionaries of the securities regulatory department under the State Council shall devote themselves to their duties, execute their duties according to law, act honestly and impartially, subject themselves to supervision, and may not seek private benefits by taking advantages of their positions.
Article 80 When the securities regulatory department under the State Council performs its duties according to law, the entity and individual under investigation and inspection shall render cooperation and faithfully provide the relevant documents and materials, and may not refuse or hinder the investigation and inspection or hide the documents and materials.
Article 81 The securities regulatory department under the State Council shall, if finding out any illegal acts suspect of crimes when performing its duties according to law, transfer the case to the judicial organ for handling.
Article 82 The functionaries of the securities regulatory department under the State Council may not assume concurrent positions in the regulated institutions. |