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上海航运交易所管理规定 RULES FOR ADMINISTERING SHANGHAI SHIPPING EXCHANGE

2006-05-15 22:16   我要纠错 | 打印 | 收藏 | | |

交通部令1996年第8号
(Approved by the State Council on September 18, 1996, promulgated by Decree No. 8 of the Ministry of Communications on October 3, 1996)
颁布日期:19961003  实施日期:19961003  颁布单位:交通部

  Chapter I General Provisions

  Article 1 With a view to strengthening the administration of Shanghai Shipping Exchange, maintaining order in shipping transactions and promoting the development of waterway goods shipping industry, these Rules are hereby formulated.

  Article 2 Shanghai Shipping Exchange(hereinafter referred to as the Shipping Exchange) is an institutional legal entity which provides the trading place, facilities and information for the shipping business with non-profit purposes.

  Article 3 The department in charge of communications under the State Council and the Shanghai Municipal People's Government shall exercise administration and supervision over the Shipping Exchange in accordance with these Rules.

  Article 4 The Shipping Exchange shall provide open, fair and just environment and convenient conditions for trading so as to ensure normal conduct of shipping transactions.

  Chapter II Organization

  Article 5 The Shipping Exchange shall implement the responsibility system of the president under the leadership of the board of directors.

  Article 6 The board of directors shall be the authority of power of the Shipping Exchange.

  The board of directors shall consist of one director-general, one deputy director-general or two deputy directors-general and five to seven directors, with the total in odd number. The board of directors shall have two to three member-directors.

  The director-general and deputy director(s)-general shall be appointed jointly by the Shanghai Municipal People's Government and the department in charge of communications under the State Council. The directors shall be nominated by the director-general and approved by the Shanghai Municipal People's Government.

  Article 7 The board of directors shall exercise the following powers:

  (1) formulate the constitution, rules for trading and other related provisions of the Shipping Exchange;

  (2) review the work plan and the work report of the Shipping Exchange;

  (3) decide on and handle major questions related to the operations of the Shipping Exchange;

  (4) appoint and dismiss the president and vice-president of the Shipping Exchange;

  (5) decide on the cancellation of membership.

  Article 8 The meeting of the board of directors shall be convened by the director-general; in case of inability of the director-general to convene the meeting, it shall be convened by the deputy director-general assigned by the director-general on his behalf.

  Resolution(s) of the board of directors shall be approved by over two thirds of its members in a vote.

  Article 9 The Shipping Exchange shall have one president and a number of vice-presidents.

  The president shall be nominated by the director-general from the directors and employed by the board of directors. The vice-presidents shall be nominated by the president and employed by the board of directors.

  The president is the legal representative of the Shipping Exchange. He shall be in charge of the daily routine of the Shipping Exchange and be responsible to the board of directors.

  Chapter III Membership

  Article 10 The following conditions shall be satisfied for the acquisition of membership:

  (1) enterprises and other related enterprises have qualifications of the legal person in operating waterway goods shipping business, waterway goods shipping agency business, ship agency business and port-related business;

  (2) adherence to the constitution of the Shipping Exchange;(3) having good business reputation.

  Conditions for the application for the acquisition of membership by foreign enterprises shall be formulated separately by the department in charge of communications under the State Council.

  Article 11 Application for the acquisition of membership shall be subject to the examination and approval of the Shipping Exchange and the procedures for membership shall be followed in accordance with the constitution of the Shipping Exchange.

  In case of withdrawal of membership, the procedures for the withdrawal of membership shall be followed in accordance with the constitution of the Shipping Exchange.

  Article 12 Membership is divided into official membership and temporary membership.

  Those having membership over three months shall be official members and those whose membership not exceeding three months shall be temporary members.

  Article 13 Members shall enjoy the following rights:

  (1) put forth criticism and suggestion(s) with regard to the work of the Shipping Exchange;

  (2) recommend member-director(s) or to be recommended for the post member director(s);

  (3) conduct transactions inside the Shipping Exchange;

  (4) use the facilities provided by the Shipping Exchange;

  (5) acquire information provided by the Shipping Exchange.

  Item (2) of the preceding paragraph shall not apply to temporary members.

  Article 14 Members shall fulfill the following obligations:

  (1) abide by the constitution and rules for trading of the Shipping Exchange;

  (2) pay membership fee on time;

  (3) provide truthfully to the Shipping Exchange the price and other information of the enterprise(s) related to shipping trading;

  (4) shall not disclose or spread to news media or the public the shipping information acquired from the Shipping Exchange;

  (5) accept the administration and supervision of the Shipping Exchange in shipping trading.

  Information as laid down in Item (3) of the preceding paragraph does not include business secret of the member(s)。

  Article 15 Members can put forth criticism and suggestions with regard to the work of the Shipping Exchange through membership meeting(s)。Membership meeting can be called following the proposal by over two thirds of the members.

  Article 16 The listed representatives shall be the personnel of the members engaging in trading in the Shipping Exchange who shall be trained by the Shipping Exchange.

  Chapter IV Trading Administration

  Article 17 Scope of trading in the Shipping Exchange:

  (1) waterway goods shipping;

  (2) port-related business;

  (3) ship leasing;

  (4) selling and buying of ships;

  (5) other shipping businesses permitted by the department in charge of communications under the State Council for trading in the Shipping Exchange.

  Article 18 Listed representatives of members can only conduct transactions on behalf of their own enterprises; this, however, does not include members engaging in waterway goods shipping agency business and ship agency business.

  Article 19 Non-member enterprises can entrust members engaging in waterway goods shipping agency business or ship agency business for trading in the Shipping Exchange on their behalf.

  Article 20 Members shall not indulge in the following acts:

  (1) to conduct transactions by using inside information or conduct transactions outside the Shipping Exchange by using information acquired from the Shipping Exchange;

  (2) to fabricate or spread false information or disrupt order in trading by other means;

  (3) to go beyond the business scope in trading;

  (4) to engage in other acts forbidden by law and regulations.

  Article 21 Parties involved in transactions of ship selling and buying by way of consultation and those involved in trading by way of competitive pricing shall provide credit guarantee to the Shipping Exchange.

  Article 22 Members engaging in regular international shipping services shall report their shipping rates to the Shipping Exchange for the record.

  Article 23 Parties involved in trading shall, upon conclusion of the transaction, pay service charge to the Shipping Exchange.

  Proposal for the rate of service charge shall be put forward by the Shipping Exchange and submitted to the department in charge of communications and the department in charge of pricing of the Shanghai Municipal People's Government for approval.

  Article 24 Unless otherwise provided for by the state, price in trading in the Shipping Exchange shall be determined independently by the parties involved.

  The Shipping Exchange can fix guidance price for trading; at times of soaring of price or crash in trading, the Shipping Exchange can limit the maximum price or the minimum price and can announce suspension of trading when necessary.

  Article 25 The Shipping Exchange shall make available to its members information on shipping transactions in a timely and precise manner.

  Article 26 Staff members of the Shipping Exchange shall be financially clean and self-disciplined, law-abiding and uphold justice. They shall not in any form gain benefit from members of the Shipping Exchange or from other related units and shall not divulge any inside information.

  Article 27 In case of sudden eruption of events leading to suspension of trading in the Shipping Exchange, the board of directors shall report the matter timely to the Shanghai Municipal People's Government and the department in charge of communications under the State Council.

  Article 28 In case of violations of these rules, the constitution and the rules for trading of the Shipping Exchange by members and the listed representatives, the Shipping Exchange is empowered to direct the parties concerned to stop the law-breaking acts and can handle the cases by serving a warning, suspending trading in the Shipping Exchange or canceling membership in the light of the extent of seriousness of the cases.

  Chapter V Dispute Settlement and Legal Responsibilities

  Article 29 For disputes arising from the process of trading, parties concerned in trading can resolve the disputes through consultation between them or apply for mediation by the Shipping Exchange. They can also apply for arbitration or take legal action in accordance with the relevant provisions of law and administrative regulations.

  Article 30 Members having committed any one of the acts as listed in Items (1) and (2) of Article 20 of these Rules, the department in charge of communications of the Shanghai Municipal People's Government shall, in the light of their different circumstances, serve a warning or confiscate the illegal income; where the offenses are of a serious nature, a fine under RMB 20,000 yuan shall be imposed.

  Members having committed any one of the acts as listed in Items (3) and (4) of Article 20 of these Rules, the department concerned shall impose penalty in accordance with relevant laws and regulations.

  Article 31 For non submission of shipping rate for the record or non implementation the submitted shipping rate in violation of the provisions of Article 22 of these Rules, the department in charge of communications of the Shanghai Municipal People's Government shall, in the light of the extent of seriousness of the cases, serve a warning, direct the party(parties) to suspend operation of the shipping route, or impose a fine under RMB 50,000 yuan.

  Article 32 For violation of these Rules on the part of the Shipping Exchange for admitting members not in keeping with conditions for membership, expelling members at will or failing to stop the member(s) from engaging in trading exceeding the business scope when the Shipping Exchange is well aware of the situation, the department in charge of communications under the State Council shall serve a warning; where the offenses are of a serious nature, a fine under RMB 20,000 yuan shall be imposed.

  Article 33 For violation of the provision of Article 17 of these Rules on the part of the Shipping Exchange for extending the scope of trading without authorization, the department in charge of communications under the State Council shall serve a warning; where the offenses are of a serious nature, a fine under RMB 50,000 yuan shall be imposed.

  Article 34 For failure to report the suspension of trading on the part of the Shipping Exchange in violation of the provision of Article 27 of these Rules, the department in charge of communications under the State Council shall impose a fine under RMB 20,000 yuan.

  Article 35 The Shipping Exchange shall, in accordance with law, undertake responsibility of compensation for causing economic losses to members in violation of these Rules.

  Chapter VI Supplementary Provision

  Article 36 These Rules shall come into force as of the date of promulgation.

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