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| Notice of the Ministry of Finance on Issuing the Measures for the Administration of the Expenses Incurred During the Trust Period of Securities Companies | | 财政部关于印发《证券公司托管期间费用管理办法》的通知 |
The People's Bank of China, the China Securities Regulatory Commission, the public finance departments (bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning, and the trust groups, liquidation groups and on-the-spot groups of the relevant securities companies, | |
人民银行，证监会，各省、自治区、直辖市、计划单列市财政厅（局），有关证券公司托管组、清算组和现场组： |
In order to ensure the normal development of all activities of the trusted securities companies, strengthen the administration of the relevant fees of the State and reduce the risk treatment cost of securities companies, the Measures for the Administration of the Expenses Incurred During the Trust Period of Securities Companies are formulated pursuant to the relevant state laws and regulations, and are hereby printed and distributed to you, please implement them accordingly. | |
为保证已托管证券公司各项活动的正常开展，加强国家有关费用的管理，降低证券公司风险处置成本，根据国家有关法律法规，财政部制定了《证券公司托管期间费用管理办法》，现正式印发，请遵照执行。 |
Annex: Measures for the Administration of the Expenses Incurred During the Trust Period of Securities Companies | |
附件：证券公司托管期间费用管理办法 |
May 19, 2005 | |
二00五年五月十九日 |
Annex: Measures for the Administration of the Expenses Incurred During the Trust Period of Securities Companies | |
附件：证券公司托管期间费用管理办法 |
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| Article 1 In order to ensure the normal development of trust activities of the State on securities companies, strengthen the expenditure administration and reduce the risk treatment cost of securities companies, these Measures are formulated pursuant to the relevant state laws and regulations. | | 第一条 为保证国家对证券公司托管活动的正常开展，加强有关费用的管理，降低证券公司风险处置成本，根据国家有关法律法规，制定本办法。 |
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| Article 2 The term “trust” as mentioned in these Measures refers to an administrative supervision behavior by which the CSRC entrusts an institution to deal in the brokerage business of a securities company for the purpose of disposing the risk of the securities company and ensuring the normal development of the brokerage business of the securities company. | | 第二条 本办法所称托管是指中国证监会为处置证券公司风险、保证证券公司经纪业务正常开展，委托其他机构经营证券公司经纪业务的行政性监管行为。 |
The term “trust money” as mentioned in these Measures refers to the expenses paid by the CSRC to the trust institution for the development of trust activities and the trust work. | |
本办法所称托管费用是指中国证监会支付给托管机构、确保托管活动开展、用于托管机构托管工作开支需要的费用。 |
The “daily operational fees of the trusted securities company” as mentioned in these Measures refer to the operational fees that shall be paid by the trusted securities company for the normal development of the brokerage business during the trust period. | |
本办法所称被托管证券公司日常营运费用是指被托管证券公司在托管期间为正常开展经纪业务必须支付的营业费用。 |
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| Article 3 While a trust institution applies trust to a securities company, the CSRC shall pay the trust money to the trust institution to ensure the development of the trust business. The trust money includes the operational expenses and direct management expenses. | | 第三条 托管机构对证券公司实施托管期间，证监会向托管机构支付托管费用，确保托管业务的开展。托管费用包括业务费用和直接管理费用。 |
The operational expenses include the expenses incurred from such work as the investigation, evidence-obtaining, evaluation and management which are conducted by such intermediary institutions as law offices and evaluation institutions due to the necessity for carrying out the trust. | |
业务费用包括因实施托管需要而聘请法律、评估等中介机构开展调查、取证、评估、管理等工作所支出的费用，及其他相关业务费用。 |
The direct management expenses include the travel expenses and office appliances fees directly relating to the implementation of the trust. | |
直接管理费用包括实施托管所直接相关的差旅费、办公用品费等。 |
The trust money shall be listed into the expenditure as it is. | |
托管费用据实列支。 |
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| Article 4 In case a securities company trusted prior to the issuance of these Measures whose incomes are not enough to make up the deficiency of its daily operational expenses, and there is really no asset to redeem the deficiency, the trust institution may apply to the People's Bank of China for further loans to repay it. | | 第四条 本办法印发之日以前被托管的证券公司，其收入不足以弥补日常营运费用缺口，确无资产可变现弥补，可由托管机构向中国人民银行申请再贷款垫付。 |
The State may not pay the daily operational expenses of a trusted securities company after the issuance of these Measures. | |
本办法印发之日以后被托管的证券公司，国家不再垫付其日常营运费用。 |
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Article 5 The trust money of a trust institution and the daily operational expenses of a trusted securities company shall be listed as a separate expenditure.
．．．．．． | | 第五条 托管机构托管费用和被托管证券公司日常营运费用分别列支。
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