China Derivatives and Financial Law Resources
China Derivatives Law & Articles
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- The Shanghai Court of Financial Arbitration (上海金融仲裁院) (SCFA) was officially inaugurated during a ceremony (see video) in Shanghai on 18 December 2007 and will handle disputes arising from financial transaction including financial derivatives.
- Signing ceremony of the NAFMII’s ( 中国银行间市场交易商协会 ) China Financial Market Institutional Investors Derivatives Product Transaction Master Agreement ( 《中国银行间市场金融衍生产品交易主协议》) took place on 25 October 2007 at the Beijing International Club. The NAFMII derivatives master agreement together with its supplements are intended to be the standard agreement used by members of the NAFMII for derivatives transactions and incorporate familiar concepts of single agreement, netting, events of default, specified transaction, affected party. The master agreement is authorised by the People's Bank of China Announcement No. 20 of 2007 on the The Administrative Rules on Forward Rate Agreement Business
- Trading in Renminbi (RMB) forex prohibited unless China
2007 Forex market RMB master agreement in place by 31 December 2007.
On 6 August 2007, China Foreign Exchange Trading System (CFETS) published the CFETS 2007 version of Inter-bank Forex Market Renminbi Forex Derivatives Master Agreement (全国银行间外汇市场人民币外汇衍生产品主协议(2007年版)). The approval (no. 254 of 2007) of the China state administration of foreign exchange (SAFE) includes terms that banks which have failed to enter into the CFETS derivatives master agreement by 31 December shall be prohibited to conduct RMB forex forward or swap transactions. For an English translation of the SAFE approval please contact us - China securities regulatory commission issues Interim Measures of Overseas Securities Investment by Qualified Domestic Institutional Investors (合格境内机构投者境外证券投资管理暂行办法)
- China published Renminbi forward and swap master agreement.
- China Derivatives under Kublai Khan [1200 AD] by Paul Sustain
- Approval of SAFE relating to the 2007 version of inter-bank forex market renminbi against foreign exchange derivatives master agreement forward and swap master agreement
- Interim Measures of Overseas Securities Investment by Qualified Domestic Institutional Investors ( 合格境内机构投资者境外证券投资管理暂行办法)
- Notice relating to issues on Interim Measures of Overseas Securities Investment by Qualified Domestic Institutional Investors (关于实施《合格境内机构投资者境外证券投资管理暂行办法》有关的通知)
- The People's Bank of China published a notice on issues relating to "extending of designated banks' foreign exchange forward sale and purchase business to customers and starting Renminbi and FX swaps business" ( 中国人民银行关于扩大外汇指定银行对客户远期结售汇业务和开办人民币与外币掉期业务有关问题的通知) on 2 August 2005
- 資本市場中的資訊不對稱- 從財務資訊不實的外部監控與刑事責任談起 (Information Asymmetry in Capital Market-The External Control and Criminal Liabilities against Fraudulent Financial Reporting) by Yen-Fu Lai (賴衍輔)
- Development and risk management of derivatives products in China (14 June 2005)
China Derivatives Links
- 国家外汇管理局 ¦ China state administration of foreign exchange (safe)
- 中国银行业监督管理委员会 ¦ China banking regulatory commission (cbrc)
- 中央人民政府门户网站 ¦ Chinese government official website
(chinese version)
including Chinese law page and interpretation - 中国证券监督管理委员会 ¦ China Securities Regulatory Commission (chinese version)
- China Ministry of Justice (chinese version)
- Chinese law website maintained by the Beijing University (chinese version)
- China Court Website (chinese version)
- China Law Book Website (chinese version)
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Last updated June 2009
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