Special Provisions On Commodity Spot Market Pactions (For Trial Implementation)

< p > Chapter 1, general < /p >.

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< < p > > second commodity trading activities in the spot market in People's Republic of China shall comply with these provisions.

Where there are other provisions of the state, such provisions shall be followed.

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< p > Third the commodity spot market as mentioned in this provision refers to a place or an Internet trading platform that is established in accordance with the law, which is open, regular or regular commodity spot trading by buyers and sellers, and has functions of supporting services such as information and logistics.

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< p > the commodity spot market operators hereinafter referred to as "market operators" refer to the legal persons, other economic organizations and individuals who establish the commodity spot market according to law, formulate relevant market business rules and rules and regulations, and provide sites and related supporting services for commodity spot trading activities.

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< p > Fourth, in the commodity spot market trading activities, we should follow the principles of openness, fairness, impartiality and honesty.

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< p > fifth the Ministry of commerce is responsible for the planning, information and statistics management of the commodity spot market, so as to promote the healthy development of the commodity spot market.

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< p > the people's Bank of China is responsible for the financial supervision and management of the commodity spot market pactions and the supervision of non-financial institutions' payment business according to their duties.

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< p > sixth trade associations of commodity spot markets should formulate industry standards and industry standards, strengthen trade self-discipline, organize business training, establish executive integrity files, and accept complaints and mediation disputes.

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< p > second chapter trading object and paction mode < /p >

< p > seventh commodity spot market trading objects include: < /p >

< p > (1) physical goods; < /p >

< p > (two) warehouse receipt, negotiable bill of lading and other certificate of delivery based on physical commodities; < /p >

< p > (three) other paction objects stipulated by the provincial people's government according to law.

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< p > eighth commodity commodities traded in the spot market shall execute the laws and regulations of the state on the quality guarantee responsibility and conform to the current effective quality standards.

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< p > ninth commodity spot market pactions can be carried out in the following ways: < /p >

< p > (1) agreement paction; < /p >

< p > (two) one way bidding paction; < /p >

< p > (three) < < a href= > http://sjfzxm.com/news/index_q.asp > > paction > /a > by the provincial people's government according to law.

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< p > the term "agreement paction" as mentioned in the present Provisions refers to the agreement between the buyer and the seller in the form of negotiation and so on, in which the buyer and the seller agree to make the paction immediately or within a certain period of time.

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< p > the "one way bidding paction" mentioned in this Regulation refers to a paction made by the buyer (seller) to the market, where the market announcements are in advance, and a number of sellers (buyers) agree or conclude pactions within agreed trading hours according to the prescribed price increase or reduction.

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< p > tenth market operators shall not engage in any trading activities prohibited by the laws and regulations and the decision of the State Council on the consolidation and rectification of various trading places to effectively guard against financial risks.

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< p > the pfer and alteration of spot contracts shall be handled in accordance with the relevant provisions of laws and regulations.

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< p > third chapter commodity spot market operation standard < /p >

< p > eleventh market operators shall perform the following duties: < /p >

< p > (1) provide places, facilities and related services for pactions; < /p >

< p > (two) establish and improve business rules and rules and regulations, such as paction, settlement, settlement, warehousing, information release, risk control, market management and so on, in accordance with the paction mode and paction object determined by these provisions; < /p >

< p > (three) other duties stipulated by laws and regulations.

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< p > twelfth market operators shall disclose business rules and rules and regulations.

The formulation, revision and modification of business rules and rules should be publicized in advance within a reasonable time.

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< p > thirteenth commodity spot markets should formulate contingency plans.

In case of abnormal situation, effective measures should be taken in time to prevent market risks.

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< p > fourteenth market operators should take measures such as contract restriction, systematic control and internal management to strengthen the management of funds.

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< p > market operators must not encroach on or misappropriate the funds of traders in any form.

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< p > fifteenth encourages commodity spot market to innovate circulation mode, reduce paction costs, and build energy saving, environmental protection, green and low carbon market.

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< p > sixteenth encourages the commodity spot market to adopt modern information technology, establish Internet trading platform, and develop e-commerce.

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< p > seventeenth < a href= "http://sjfzxm.com/news/index_q.asp" > market < /a > operators should establish and perfect the commodity information release system, and publish relevant information such as the name, quantity, quality, specification, place of origin of the commodity, so as to ensure the authenticity and accuracy of the information, and not to issue false information.

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< p > eighteenth, using modern information technology to carry out trading activities, market operators should record relevant information such as commodity storage, paction, settlement, settlement and payment in real time, take measures to ensure the integrity and safety of relevant information, and keep it for more than five years.

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< p > nineteenth market operators shall not tamper with or destroy relevant information or information without authorization.

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< p > fourth chapter supervision and management < /p >

< p > twentieth the competent department of Commerce of the people's government at or above the county level shall be responsible for the management of the commodity spot market in the administrative region, and timely submit industrial development plans and other specific measures as required.

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< p > the branches of the people's Bank of China are responsible for the supervision and management of financial institutions and Payment institutions involved in commodity spot market pactions in accordance with their duties.

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< p > the State Council's futures supervision and management agency is responsible for the identification of illegal futures trading activities in commodity spot market.

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< p > twenty-first market operators shall submit relevant information and information according to the requirements of relevant departments.

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< p > twenty-second the competent commercial departments of the people's governments at or above the county level should establish and improve various working systems according to local actual conditions.

If necessary, the relevant competent departments and the people's governments at the corresponding level should be reported in time.

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< p > fifth chapter legal liability < /p >

< p > twenty-third market operators violating eleventh, twelfth, thirteenth, fourteenth, seventeenth, eighteenth, nineteenth and twenty-first provisions shall be ordered by the competent commercial departments at or above the county level in conjunction with the relevant departments to make corrections.

If the overdue period is not changed, a fine of more than ten thousand yuan and thirty thousand yuan shall be imposed.

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< p > twenty-fourth market operators shall be dealt with in accordance with the law in violation of the provisions of eighth and tenth regulations and the regulations on the management of futures trading.

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< p > twenty-fifth administrative personnel concerned shall be given disciplinary sanction in accordance with the law if they neglect their duties, abuse their power or engage in malpractices in the market supervision and management. If a crime is constituted, they shall be investigated for criminal responsibility according to law.

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< p > sixth chapter is attached < /p >.

< p > twenty-sixth, the regulations shall come into force on January 1, 2014.

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