Annual Inspection Measure for the Members会员年检制度翻译.docx

Annual Inspection Measures for the Members(2014)Article 1 This Measures are formulated under related national laws, regulations and terms of Membership Management Measures (2014) and Approaches for Violation and Default (2014) of Guangdong Precious Metals Exchange (hereinafter refer to as “the Exchange”) to promote the industry standards and sound development of the precious metals trading and to strengthen the management of the members of the Exchange.Article 2 The Exchange adopts annual inspection measure on managing the members.The annual inspection in this Measure refers to a supervision and management system that consists of periodical inspection by the Exchange, conducting under the laws and regulations within a specified time each year, on the membership, such as membership qualifications, business activities and registrations, irregularities, service qualities and payment of fees, according to the materials submitted by the members.Article 3 This Measures is applied to the entities who obtained the membership from the Exchange.Article 4 In the period during July 1 and Aug 31, the members shall apply to the Exchange to process annual inspection as required. In the condition of delay, the members shall apply to the Exchange for delay of the annual inspection before July 31. Once the Exchange approves, the delay is permitted.A member who enters before June 30 in the year shall apply for annual inspection; otherwise, the member shall take annual inspection from the next year.Article 5 Annual inspection materials shall be submitted to the Exchange by the complex members, clearing members, industry members and service members by the end of the third business week of July each year.The brokerage members shall submit the materials to the complex members with who the brokerage members signed the Cooperation Agreement Between Complex Members and Brokerage Members by the end of the second business week of July each year. The complex members shall collect and submit the materials from their brokerage members to the Exchange due the end of the third business week of July.Article 6 Members are responsible for their annual inspection materials to be legal, compliant, authentic and effective.Article 7 The members shall go to the Exchange and accept annual inspection in the specified period; Members shall apply for annual inspection procedures in time specified by the Exchange; in the condition of overdue or not pass, the Exchange has the right to handle it according to Approaches of Violation and Default (2014); in serious cases, the Exchange has the right to cancel their membership.Article 8 The members shall meet the requirements listed as below to pass the annual inspection:1) Comply with the national laws, regulations and the Exchange rules to maintain good reputation;2) Business running is well, or better than the starting qualifications;3) According to the rules like Membership Management Measures (2014), report business conditions to the Exchange in time;4) Actively cooperate to execute the decisions of the Exchange; various issues that arise in the operation can be rectified in a timely manner as required;5) In the condition of violation or default, the members can strictly execute the violation approaches of the Exchange or undertake the responsibilities for the violation;6) Strictly manage their staffs who should have qualification certificates when they carry out business of precious metals trading according to the laws and regulations;7) Other requirements specified by the Exchange.Article 9 The Exchange would inspect the complex indicators, business reports, business practice and staff management according to the materials submitted by the members. Bellows are as the reference to the Exchange in the inspection:1) Complex indicators: to check whether the members process annual inspection to the industry and commerce agencies as required; whether they meet the membership requirements, such as registration address, registering capital, management team, staffs, management condition, premises and equipment; whether the financial condition is fine; whether report to tax and pay annual management fees to the Exchange in time.2) Business reports: to check whether the members report timely of the bellow matters as required: change of the legal representative; change of the registering capital, shareholder or equity ratio; change of name, address or premises, business scope and contact information; establishment, merge or termination of a branch; change of the premises, director or business scope of their branches; change of staffs on the key positions; material adverse changes happening in the abilities of operation, performance or risk bearing; lawsuits of economic disputes involving 500,000RMB or more; Obtaining the membership of other trading platforms; suspicious of illegal or irregular activities and being investigated or punished by the competent authorities, or sanctioned by other trading platforms; other conditions required to be reported to the Exchange.3) Business practice: to check whether the members practice fraud or violate any regulations of the Exchange; whether there are lawsuits, administrative punishments or approaches to the members who violate the rules of the Exchange in the aspects of business practice violations and defaults and other aspects; whether accept self-inspection of the industry as required and complete rectification seriously and timely.4) Staff management: to check the report of the staffs in key positions, taking part in trains organized by the Exchange, qualification certificate obtaining and whether the staffs involve in violations or defaults.Article 10 The annual inspection materials are as bellows:1) Annual inspection form for the members (the template is provided by the Exchange);2) Copy of Business License which passed the last period of annual inspection by the industrial and commercial registration agencies;3) Copy of Organization Code Certificate;4) Copy of National Tax Certificate;5) Copy of Local Tax Certificate;6) Copy of Articles of Corporation which is registered and stamped by the the industrial and commercial registration agencies;7) Copy of payment receipt of management fee charged by the Exchange for the year (if applicable);8) Other materials required by the Exchange;All the above documents should be stamped by the members.Article 11 The Exchange would accept the complete materials with intact contents; if not complete or incomplete in the contents, the Exchange would only accept after the materials are made up.Article 12 If the members meet the requirements of the annual inspection, the Exchange will publish the list of qualified members on the official website.Article 13 Members have one of the following circumstances cannot pass the annual inspection:1) Fail to submit materials for annual inspection accordingly;2) False materials;3) Fail to process industrial and commercial annual inspection or do not have professional qualifications;4) Fail to meet the qualification of the membership, bad financial conditions, not pay tax in time, or not pay the fees to the Exchange in time like annual management fee;5) Fail to report businesses to the Exchange in time under Membership Management Measures (2014);6) Decline to disclose to the Exchange the conducts violating the national laws, regulations or rules of the Exchange; or refuse to execute the decisions made by the Exchange or take responsibilities for the default accordingly after violations and defaults happen.7) Not actively cooperate with the Exchange to execute the decisions made by the Exchange, and fail to rectify various issues that arise in the operation in a timely manner;8) Failure of strict management of its practitioners; hired practitioner with no qualification certificate or with illegal activities in the conduct of business, which has not been corrected at the time of annual inspection; filing of the information of employees of the Member required by the Exchange Center;9) Violation of laws, regulations and policies and other situations specified by the Exchange Center.Article 14 Shall they failed the annual inspection, the Exchange Center has the right to require it to rectify in a given time limit and to treat it according to Approaches of Violation and Default 2014. In the case of gross violation, the Exchange Center has the right to terminate the membership qualification of the Member.Article 15 The Exchange Center will issue Rectification Notice to the Member who needs to rectify and the requirements and time limit will be clarified in the Notice.During the course of rectification, the Exchange Center may take one or more limitation and intervention measures according to the related rules of the regulations including Approaches of Violation and Default 2014. Article 16 The Member who completes the rectification within the given time limit can apply for a review to the Exchange center. If the review passed, it will be published in the official website of the Exchange Center.If the reviewed failed, the Exchange Center reserves the right to take severer steps for the violation and default pursuant to the Approaches of Violation and Default 2014.Article 17 If the member failed the annual inspection and disagrees wi