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| Category | COMMUNICATIONS AND TRANSPORT | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1996-10-03 | Effective Date | 1996-10-03 |
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Rules for Administering Shanghai Shipping Exchange |
|---|
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 Article 5 The Shipping Exchange shall implement the responsibility Article 6 The board of directors shall be the authority of power of the The board of directors shall consist of one director-general, one deputy The director-general and deputy director(s)-general shall be appointed Article 7 The board of directors shall exercise the following powers: (1) formulate the constitution, rules for trading and other related (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 (4) appoint and dismiss the president and vice-president of the Shipping (5) decide on the cancellation of membership. Article 8 The meeting of the board of directors shall be convened by the Resolution(s) of the board of directors shall be approved by over two Article 9 The Shipping Exchange shall have one president and a number of The president shall be nominated by the director-general from the The president is the legal representative of the Shipping Exchange. He Article 10 The following conditions shall be satisfied for the (1) enterprises and other related enterprises have qualifications of the (2) adherence to the constitution of the Shipping Exchange; (3) having good business reputation. Conditions for the application for the acquisition of membership by Article 11 Application for the acquisition of membership shall be In case of withdrawal of membership, the procedures for the withdrawal of Article 12 Membership is divided into official membership and temporary Those having membership over three months shall be official members and Article 13 Members shall enjoy the following rights: (1) put forth criticism and suggestion(s) with regard to the work of the (2) recommend member-director(s) or to be recommended for the post member- (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 (2) pay membership fee on time; (3) provide truthfully to the Shipping Exchange the price and other (4) shall not disclose or spread to news media or the public the shipping (5) accept the administration and supervision of the Shipping Exchange in Information as laid down in Item (3) of the preceding paragraph does not Article 15 Members can put forth criticism and suggestions with regard Membership meeting can be called following the proposal by over two Article 16 The listed representatives shall be the personnel of the 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 Article 18 Listed representatives of members can only conduct Article 19 Non-member enterprises can entrust members engaging in Article 20 Members shall not indulge in the following acts: (1) to conduct transactions by using inside information or conduct (2) to fabricate or spread false information or disrupt order in trading (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 Article 22 Members engaging in regular international shipping services Article 23 Parties involved in trading shall, upon conclusion of the Proposal for the rate of service charge shall be put forward by the Article 24 Unless otherwise provided for by the state, price in trading The Shipping Exchange can fix guidance price for trading; at times of Article 25 The Shipping Exchange shall make available to its members Article 26 Staff members of the Shipping Exchange shall be financially Article 27 In case of sudden eruption of events leading to suspension of Article 28 In case of violations of these rules, the constitution and Article 29 For disputes arising from the process of trading, parties Article 30 Members having committed any one of the acts as listed in Members having committed any one of the acts as listed in Items (3) and Article 31 For non submission of shipping rate for the record or non Article 32 For violation of these Rules on the part of the Shipping Article 33 For violation of the provision of Article 17 of these Rules Article 34 For failure to report the suspension of trading on the part Article 35 The Shipping Exchange shall, in accordance with law, Article 36 These Rules shall come into force as of the date of
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environment and convenient conditions for trading so as to ensure normal
conduct of shipping transactions.
Chapter II Organization
system of the president under the leadership of the board of directors.
Shipping Exchange.
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.
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.
provisions of the Shipping Exchange;
Shipping Exchange;
Exchange;
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.
thirds of its members in a vote.
vice-presidents.
directors and employed by the board of directors. The vice-presidents shall
be nominated by the president and employed by the board of directors.
shall be in charge of the daily routine of the Shipping Exchange and be
responsible to the board of directors.
Chapter III Membership
acquisition of membership:
legal person in operating waterway goods shipping business, waterway goods
shipping agency business, ship agency business and port-related business;
foreign enterprises shall be formulated separately by the department in
charge of communications under the State Council.
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.
membership shall be followed in accordance with the constitution of the
Shipping Exchange.
membership.
those whose membership not exceeding three months shall be temporary members.
Shipping Exchange;
director(s);
Exchange;
information of the enterprise(s) related to shipping trading;
information acquired from the Shipping Exchange;
shipping trading.
include business secret of the member(s).
to the work of the Shipping Exchange through membership meeting(s).
thirds of the members.
members engaging in trading in the Shipping Exchange who shall be trained by
the Shipping Exchange.
Chapter IV Trading Administration
communications under the State Council for trading in the Shipping Exchange.
transactions on behalf of their own enterprises; this, however, does not
include members engaging in waterway goods shipping agency business and ship
agency business.
waterway goods shipping agency business or ship agency business for trading
in the Shipping Exchange on their behalf.
transactions outside the Shipping Exchange by using information acquired from
the Shipping Exchange;
by other means;
by way of consultation and those involved in trading by way of competitive
pricing shall provide credit guarantee to the Shipping Exchange.
shall report their shipping rates to the Shipping Exchange for the record.
transaction, pay service charge to the Shipping Exchange.
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.
in the Shipping Exchange shall be determined independently by the parties
involved.
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.
information on shipping transactions in a timely and precise manner.
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.
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.
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
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.
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.
(4) of Article 20 of these Rules, the department concerned shall impose
penalty in accordance with relevant laws and regulations.
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.
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.
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.
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.
undertake responsibility of compensation for causing economic losses to
members in violation of these Rules.
Chapter VI Supplementary Provision
promulgation.
URL: http://www.asianlii.org/cn/legis/cen/laws/rfasse443