Article Content
Title: GreTai Securities Market Rules Governing Information Reporting by OTC Companies ( Amended 2010 . 01 . 14)
Article 3-1 Issuers of OTC-traded corporate bonds (including ordinary corporate bonds, convertible corporate bonds, exchangeable corporate bonds, corporate bonds with warrants, and corporate bonds after the exercise or detachment of corporate bonds with warrants) and financial bonds shall input the relevant information into the GTSM-designated information reporting website within the time limits prescribed below and within the time specified by the GTSM:
1. Bond issuance information and any change in that information: issuance information files shall be established at least three business days before the date on which OTC trading begins; after issuance, any change in that information shall be reported by the tenth day of each month.
2. The resetting of the interest rate of floating rate bonds: after resetting, the most recently calculated interest rate shall be reported within the first business day after the date on which the interest rate was reset.
3. A change in credit rating: shall be reported on the first business day after the date the credit rating is changed.
4. A change in the trustee, the composition of the security or collateral, or the guarantor: shall be reported within three business days after the decision for the change.
5. Interest and redemption payment operations conducted pursuant to the previously adopted issuance plan: shall be reported seven business days before the interest or redemption payment date.
6. The prepayment of principal, retirement, or redemption before maturity, or any foreseeable change in the issuance balance not specified in the previously adopted terms and conditions of issuance for the corporate bonds: shall be reported seven business days before the change in issuance balance.
7. The actual change, pursuant to the preceding subparagraph, in the issuance balance: shall be reported within one business day after the actual change in issuance balance.
8. When the issuer decides to exercise repurchase rights or when creditors may exercise early redemption rights: shall be reported within the time limit specified in the issuance rules; if the issuance rules do not specify the relevant time limit, shall be reported within the next business day after the issuer decides to repurchase the bonds or no less than 10 business days before creditors may begin exercising early redemption rights.
9. The bond's book closure period: shall be reported no less than 12 business days before the beginning date of the bond's book closure period.
10. The convening of a bondholders meeting and meeting resolution matters: shall be reported within two business days after the receipt or sending of the bondholders meeting notification, and within two business days after a bondholder meeting resolution.
11. A change of company name: shall be reported within 30 days after the Competent Authority grants approval.
12. When OTC trading of the bonds is suspended or terminated:
(1) The termination of OTC trading at maturity: shall be reported in the period after the GTSM's public announcement of the termination of trading at securities firms' places of business and before the bond's maturity.
(2) If OTC trading is terminated due to the repurchase, or redemption, of the full amount before maturity, or if the principal is repaid in full due to another factor: shall be reported within two business days after the principal is repaid in full.
(3) The termination of OTC trading when the full amount is converted to, exchanged or subscribed for, common shares: shall be reported within two days after the full amount is converted, exchanged, or subscribed.
(4) The suspension or termination of OTC trading by approval of the Competent Authority: shall be reported within three business days beginning from the date on which the approval document forwarded by the GTSM is received.
13. Bonds are converted from certificated to uncertificated form: shall be reported within two days beginning from the date of actual occurrence.
14. When bonds that are not OTC-listed are issued, the issuance information of those bonds: shall be reported within 30 days after the bonds are issued.
15. Status of bond conversions, exchanges, and subscriptions: information for the preceding month shall be reported by the fifth day of each month.
16. Matters regarding convertible and exchangeable corporate bonds and corporate bonds with warrants that may be converted into, exchanged for, or used to subscribe common shares: shall be reported no less than 12 business days before the date on which conversion, exchange, or subscription may begin.
17. The first actual submission of an application by a holder of convertible or exchangeable corporate bonds or corporate bonds with warrants to convert into, exchange for, or subscribe to common shares: shall be reported on the day that the creditor's application is accepted for processing.
18. The period during which bond conversion, exchange, or subscription is suspended: shall be reported 12 business days before the scheduled book closure date for stocks for the convening of a regular or special shareholders meeting; or shall be reported 20 business days before the book closure date for the issuance of bonus shares, the distribution of cash dividends, the subscription of new shares resulting from a cash capital increase, or other book closure date pursuant to law.
19. Adjustment of the conversion, exchange, or subscription price: shall be reported within the next business day after the issuer's decision to either adjust or not adjust the conversion price.
20. Information regarding bondholder rights and obligations: shall be reported on the business day following the actual date of occurrence, unless otherwise provided by relevant act or regulation.
Article 3-3 An issuer of OTC-traded post-detachment company warrants shall input the relevant information into the GTSM-designated information reporting website by the deadlines specified below:
1. Warrant issuance information and any change in that information: issuance information files shall be established at least three business days before the date on which OTC trading begins; after issuance, any change in that information shall be reported by the tenth day of each month.
2. A change of company name: shall be reported within 30 days after the competent authority grants approval.
3. Upon suspension or termination of OTC trading of company warrants:
(1) The termination of OTC trading at expiration: shall be reported in the period after the GTSM's public announcement of the termination of trading on the OTC market and before the expiration of the company warrants.
(2) If OTC trading is terminated due to the subscription of the full quantity of the common shares: shall be reported within two business days after the date on which the full quantity has been subscribed.
(3) When application is made to the GTSM for termination of OTC trading once the balance outstanding is lower than 10 percent of the total amount originally issued: within two days after receipt of notice from the GTSM.
4. The first actual application by a holder of company warrants for exercise for subscription of common shares: shall be reported on the day that the holder's application is accepted for processing.
5. Company warrant subscription status: the information for the preceding month shall be reported by the fifth day of each month.
6. Period during which company warrant subscription is suspended: shall be reported 12 business days before the scheduled book closure date for stock for the convening of a regular or special shareholders meeting; or shall be reported 20 business days before the book closure date for the issuance of bonus shares, the distribution of cash dividends, the subscription of new shares resulting from a cash capital increase, or other book closure date pursuant to law.
7. Adjustment of the subscription price: shall be reported within the next business day after the issuer's decision to either adjust or not adjust the subscription price.
8. Information regarding the rights and obligations of company warrant holders: shall be reported on the business day next following the actual date of occurrence, unless otherwise provided by relevant law or regulation.
 


This site belongs to: Related Securities and Futures Institutions.
Chinese-English Website and Database Maintain:Lex Data Inc.
Translations by Winkler Partners(From 1 June 2001) and TSAR & TSAI LAW FIRM (Before 31 May 2001)