Article 150 If a registered share certificate is stolen, lost or destroyed, the shareholder may petition a People's Court for the invalidation thereof through the public notice procedure prescribed in the Civil Procedural Law of the People's Republic of China. 依照公示催告程序,人民法院宣告该股票失效后,股东可以向公司申请补发股票。 After the People's Court has invalidated such share certificate through the public notice procedure, the shareholder may apply to the company for re-issuance of a certificate for the share. 第三节:上市公司Section Three: Listed Companies 第一百五十一条:本法所称上市公司是指所发行的股票经国务院或者国务院授权证券管理部门批准在证券交易所上市交易的股份有限公司。 Article 151 A Listed company referred to herein means a joint stock limited company whose issued shares have been approved by the State Council or the securities regulatory authority authorized by the State Council to be listed and traded on a securities exchange. 第一百五十二条:股份有限公司申请其股票上市必须符合下列条件: Article 152 A joint stock limited company applying for listing of its shares shall meet the following requirements: (一)股票经国务院证券管理部门批准已向社会公开发行; (i) The company's shares have been issued to the public with approval by the securities regulatory authority under the State Council; (二)公司股本总额不少于人民币五千万元; (ii) The amount of total share capital of the company is at least Renminbi 50,000,000 Yuan; (三)开业时间在三年以上,最近三年连续盈利;原国有企业依法改建而设立的,或者本法实施后新组建成立,其主要发起人为国有大中型企业的,可连续计算; (iii) The company has been in operation for at least three years, and has been profitable consecutively for the most recent three years; where the company is reorganized from a former state-owned enterprise in accordance with the law, or newly established after the implementation hereof, with its principal sponsor being a large-scaled or medium-scaled state-owned enterprise, the required period may be counted continuously; (四)持有股票面值达人民币一千元以上的股东人数不少于一千人,向社会公开发行的股份达公司股份总数的百分之二十五以上;公司股本总额超过人民币四亿元的,其向社会公开发行股份的比例为百分之十五以上; (iv) There are at least 1,000 shareholders each of whom holds shares with face value of not less than Renminbi 1,000 Yuan, and the shares issued to the public amount to at least 25 percent of the total number of shares of the company; and where the amount of total share capital of the company exceeds Renminbi 400,000,000 Yuan, the shares issued to the public amount to at least 15 percent of the total number of shares of the company; (五)公司在最近三年内无重大违法行为,财务会计报告无虚假记载; (v) The company has not engaged in any material illegal act for the most recent three consecutive years, and the financial and accounting reports thereof contain no misrepresentation; 国务院规定的其他条件。 (vi) Other requirements prescribed by the State Council. 第一百五十三条:股份有限公司申请其股票上市交易,应当报经国务院或者国务院授权证券管理部门批准,依照有关法律、行政法规的规定报送有关文件。 Article 153 The application by a joint stock limited company for listing of its shares shall be submitted to the State Council or the securities regulatory authority authorized thereby for approval, and the relevant documents shall be submitted in accordance with the applicable national statutes and administrations regulations. 国务院或者国务院授权证券管理部门对符合本法规定条件的股票上市交易申请,予以批准;对不符合本法规定条件的,不予批准。 The State Council or the securities regulatory authority authorized thereby shall approve an application for listing of shares which meets the requirements prescribed herein; and shall not approve any application which fails to meet the requirements prescribed herein. 股票上市交易申请经批准后,被批准的上市公司必须公告其股票上市报告,并将其申请文件存放在指定的地点供公众查阅。 Upon approval of its application for listing of shares, the company approved for listing shall make public its share listing report, and shall maintain its application documents at a designated place for inspection by the public. 第一百五十四条:经批准的上市公司的股份,依照有关法律、行政法规上市交易。 Article 154 The shares of a company approved for listing shall be listed in accordance with the provisions of applicable national statutes and administrative regulations. 第一百五十五条:经国务院证券管理部门批准,公司股票可以到境外上市,具体办法由国务院作出特别规定。 Article 155 Upon approval by the securities regulatory authority under the State Council, the shares of a company may be listed abroad, and the detailed measures shall be specially prescribed by the State Council. 第一百五十六条:上市公司必须按照法律、行政法规的规定,定期公开其财务状况和经营情况,在每会计年度内半年公布一次财务会计报告。 (责任编辑:admin) |