Record-filing for the Allotment of Shares to Original Mainland Shareholders by Hong Kong-listed Companies
2018-03-09 1448
Provisions on the Record-filing for the Allotment of Shares to Original Mainland Shareholders by Hong Kong-listed Companies under the Hong Kong Stock Connect
Announcement of the China Securities Regulatory Commission [2016] No.21
September 30, 2016
In order to standardize the activities relating to allotment of shares by Hong Kong-listed companies under the Interconnection Mechanism for Mainland and Hong Kong Stock Markets, and protect the legitimate rights and interests of mainland investors, and in accordance with the relevant provisions of the Securities Law, Several Provisions on the Interconnection Mechanism for Mainland and Hong Kong Stock Markets and other laws, the China Securities Regulatory Commission has revised the Provisions on the Record-filing for the Allotment of Shares to Original Mainland Shareholders by Hong Kong-listed Companies under the Hong Kong Stock Connect, which are hereby promulgated for implementation as of the date of promulgation. The previous Provisions on the Record-filing for the Allotment of Shares to Original Mainland Shareholders by Hong Kong-listed Companies under the Hong Kong Stock Connect (Announcement of the China Securities Regulatory Commission [2014] No.48) shall be repealed at the same time.
Provisions on the Record-filing for the Allotment of Shares to Original Mainland Shareholders by Hong Kong-listed Companies under the Hong Kong Stock Connect
In order to protect the legitimate rights and interests of mainland investors, and in accordance with the relevant provisions of the Securities Law, Several Provisions on the Interconnection Mechanism for Mainland and Hong Kong Stock Markets (Order of the China Securities Regulatory Commission No.128) and other laws, the matters relating to the allotment of shares to original mainland shareholders by Hong Kong-listed companies under the Hong Kong Stock Connect are hereby provided for as follows under the principles of equality, supervisory trust, and no imposition of substantial additional burdens on listed companies.
I. As arranged by the China Securities Regulatory Commission (the "CSRC") and the Hong Kong Securities and Futures Commission, the allotment of shares to original mainland shareholders by Hong Kong-listed companies under Hong Kong Stock Connect shall be subject to record-filing with the CSRC.
II. After the application for the allotment of shares by Hong Kong-listed companies is approved by Stock Exchange of Hong Kong Limited ("SEHK"), the relevant application materials and approval documents shall be submitted to the CSRC. The CSRC shall conduct supervision based on the approval opinion and conclusion made by SEHK.
III. When submitting the files for the record, a Hong Kong-listed company shall give the following explanations on the effectiveness of the texts of submitted files and make the following commitments:
1. the files submitted for the record are the final texts examined by SEHK, and are fully consistent with the ones submitted to SEHK;
2. in order to safeguard the legitimate rights and interests of shareholders, the company pledges that it will treat mainland investors on an equal basis regarding the allotment of shares to original mainland shareholders; and
3. from the date of submission of the files for the record to the date of completion of the allotment of shares, if any significant matter occurs, the company undertakes to make a report to the CSRC in a timely manner.