证券交易外文翻译.docx

附 录附录ASEC Charges Former NASDAQ Managing Director with Insider TradingThe SEC alleges that Donald L. Johnson traded in advance of such public announcements as corporate leadership changes, earnings reports and forecasts, and regulatory approvals of new pharmaceutical products. He often placed the illegal trades directly from his work computer through an online brokerage account in his wifes name. Johnson obtained illicit trading profits of more than $755,000 during a three-year period. Johnson also has been charged in a parallel criminal action announced by the US Department of Justice today.According to the Sacs complaint filed in US District Court for the Southern District of New York, Johnson illegally traded in advance of nine announcements involving NASDAQ-listed companies from August 2006 to July 2009. According to the Sacs complaint filed in US District Court for the Southern District of New York, Johnson illegally traded in advance of nine announcements involving NASDAQ-listed companies from August 2006 to July 2009. Johnson took advantage of both favorable and unfavorable information that was entrusted to him in confidence by NASDAQ and its listed company clients, shorting stocks on several occasions and establishing long positions in other instances. Johnson lives in Ashburn, Va., and worked in various positions for the NASD and NASDAQ for 20 years until his retirement from NASDAQ in September 2009.The SEC alleges that Johnson had frequent and significant interactions with senior executives of NASDAQ-listed issuers, including CEOs, CFOs, and investor relations officers at his assigned companies. He then transferred to the Market Intelligence Desk, a specialized department within the CCG that provides issuers with general market updates, overviews of their companys sector, and commentary regarding the factors influencing day-to-day trading activity in their stocks.The SEC alleges that Johnson had frequent and significant interactions with senior executives of NASDAQ-listed issuers, including CEOs, CFOs, and investor relations officers at his assigned companies. The SEC alleges that Johnson had frequent and significant interactions with senior executives of NASDAQ-listed issuers, including CEOs, CFOs, and investor relations officers at his assigned companies. The corporate executives who shared nonpublic information with Johnson did so based on the understanding that it would be kept confidential and that Johnson could not use the information for his personal benefit.The Sacs complaint charges Johnson with violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 hereunder, and seeks permanent injunctive relief, disgorgement of illicit profits with prejudgment interest and a monetary penalty. Johnsons wife Dalia Lopez is named as a relief defendant in the Sacs complaint for the purpose of recovering illicit profits in her possession.The SEC acknowledges the assistance of the Fraud Section of the Justice Departments Criminal Division and the US Postal Inspection Service. The SEC brought its enforcement action in coordination with these other members of the Financial Fraud Enforcement Task Force. The SEC also acknowledges FINRA and NASDAQ for their assistance in this investigation中文译文A纳斯达克证券交易委员会前董事总经理费内幕交易美国证券交易委员会称，唐纳德L.约翰逊作为企业领导层的变化，盈利报告和预测，及新医药产品等公共管理部门的批准公告提前上市。他经常把非法交易直接通过网上经纪账户在他妻子的名字从他的工作电脑。约翰逊获得了超过七十五点五万美元在三年内非法交易利润。约翰逊也一直在一个平行的刑事指控的美国司法部今天宣布的行动。 根据美国证券交易委员会的投诉在美国地区法院递交了纽约南区，约翰逊在九个非法交易涉及美国纳斯达克上市的公司从2006年8月至2009年7月提前公布。约翰逊注意到有利和不利的信息，被委托在纳斯达克上市的公司及其客户的信心对他的优势，做空股票多次在其他情况下，建立多头部位。约翰逊住在阿什，弗吉尼亚州，在各个岗位和工作了20年的时间，NASD和纳斯达克直到他从2009年9月退休。根据美国证券交易委员会的申诉，约翰逊曾在纳斯达克的企业客户集团（化学计算）由2000年1月至2006年10月。然后，他转移到市场情报咨询台，在化学计算与一般市场提供更新，他们公司的发行部门的专业部门的概述和评论方面的因素影响日常工作，其股票日交易活动。 美国证券交易委员会称，约翰逊曾在他指定的高级行政人员的公司与纳斯达克上市的发行人，包括首席执行官，首席财务官和投资者关系人员的频繁和显着的相互作用。谁分享了约翰逊的非公开信息为基础的企业负责人这样做是对的，那就是保密，并约翰逊不能使用他的个人利益信息的理解。美国证券交易委员会的申诉，指控约翰逊违反第10（二）1934年证券交易法和规则10b - 5据此，并寻求永久性禁令救济，与预断兴趣，并罚款非法利润吐出。约翰逊的妻子Davila洛佩兹命名为一个在美国证券交易委员会提出的关于收回其拥有的非法营利为目的的投诉救济被告。 美国证券交易委员会确认了司法部的刑事司和美国邮政检查服务诈骗的协助。美国证券交易委员会提出协调与金融诈骗罪这些执法工作队的其他成员的执法行动。美国证券交易委员会也承认他们在本次调查FINRA的援助和纳斯达克。附录BPrivate Fund Systemic Risk ReportingBackgroundBackgroundThe Dodd-Frank Act established FSOC for the purpose of monitoring risks to the stability of the US financial system.Working with other regulators, FSOC will gather information from many sectors of the financial system for this purpose. In order to assist FSOC in this process, the Dodd-Frank Act directs the Commission to collect information from advisers to hedge funds and other private funds as necessary for Fosss assessment of systemic risk. To implement this requirement, the Commission is proposing a new reporting form (Form PF) that would be filed periodically by investment advisers that are registered under the Advisers Act and manage one or more private funds. Information reported on Form PF would remain confidentialIn formulating this proposal, the Commission collaborated with the UKs Financial Services Authority and other members of the International Organization of Securities Commissions. The resulting form is similar in many respects to surveys of large hedge fund advisers conducted by foreign financial regulators .In addition, the Commission consulted extensively with staff representing the other members of FSOC.The CFTC is scheduled to vote tomorrow on jointly proposing these reporting requirements. If the CFTC approves the joint proposal, private fund advisers that are also registered with the CFTC as commodity pool operators or commodity trading advisors would file Form PF to comply with certain reporting obligations that the CFTC would impose.Proposed Reporting Requirements Proposed Reporting RequirementsUnder the proposed reporting requirements, private fund advisers would be divided by size into two broad groups large advisers and smaller advise.Large private fund advisers would include any adviser with $1 billion or more in hedge fund, liquidity fund (i.e. unregistered money market fund), or private equity fund assets under management. Large private fund advisers would include any adviser with $1 billion or more in hedge fund, liquidity fund (i.e. unregistered money market fund), or private equity fund assets under management. All other private fund advisers would be regarded as smaller private fund advisersThe Commission anticipates that most private fund advisers would be regarded as smaller private fund advisers but that the relatively limited number of large advisers providing more detailed information would represent a large majority of industry assets under management. As a result, this threshold would allow FSOC to monitor a significant portion of private fund assets while reducing the amount of reporting for private fund advisers.Smaller private fund advisers would file Form PF only once a year and would report only basic information regarding the private funds they advise. This would include information regarding leverage, credit providers, investor concentration and fund performance smaller advisers managing hedge funds would also report information about fund strategy, counterparty credit risk and use of trading and clearing mechanisms. Large Private Fund Advisers Large private fund advisers would file Form PF on a quarterly basis and would provide more detailed information than smaller advisers the focus of the reporting would depend on the type of private fund that the adviser manages:Large hedge fund advisers would report on an aggregated basis information regarding exposures by asset class, geographical concentration and turnover. In addition, for each managed hedge fund having a net asset value of at least $500 million, these advisers would report certain information relating to that funds investments, leverage, risk profile and liquidityLarge liquidity fund advisers would provide information on the types of assets in each of their liquidity funds portfolios, certain information relevant to the risk profile of the fund, and the extent to which the fund has a policy of complying with all or aspects of the Investment Company Acts principal rule concerning registered money market funds (Rule 2a-7).Large private equity fund advisers would respond to questions focusing primarily on the extent of leverage incurred by their funds portfolio companies, the use of bridge financing, and their funds investments in financial institutions.中文译文B私募基金的系统性风险报告背景在多德-弗兰克法建立了监测风险的美国金融体系的稳定的目的FSOC。 工作与其他监管机构，FSOC将聚集来自为此金融系统的许多部门的信息。为了协助这一进程FSOC中，多德，弗兰克法指导委员会顾问，以收集对冲基金，并作为FSOC的系统性风险评估所必需的其他私人资金的信息。为了实现这一要求，委员会提出了一项新的报告表格（表格公积金），将定期投资顾问根据登记法和管理一个