Jian Zheng Fuzi [2006]No. 10
Party: Tiantong Securities Co., Ltd. (hereinafter referred to as Tiantong Securities), whose domicile isNo. quancheng road 180, Jinan City, Shandong Province, and whose legal representative is Duan Hu.
With regard to the case of Tiantong Securities misappropriating customers' transaction settlement funds, we have now concluded the investigation and fulfilled the procedure of notifying the parties in advance of administrative punishment according to law.
Upon investigation, on June 9, 2004, Tiantong Securities transferred 500 million yuan from its special deposit accounts for customer transaction settlement funds opened in Jinan Branch of China Construction Bank and Lixia Branch of China Industrial and Commercial Bank to its special deposit accounts for customer transaction settlement funds opened in Jining Branch of China Construction Bank and Jining Branch of China Industrial and Commercial Bank. On June 10, 10 transferred the money to the account (4075004307080960 1) opened by Da Lian Industrial Co., Ltd. in Zoucheng Sub-branch of Bank of China. On June 5438+065438+1 October12004, Tiantong Securities transferred 880 million yuan from its special deposit account for customer transaction settlement funds opened in the business department of Bank of China Jinan Branch to the account opened by Da Lian Industrial Co., Ltd. in Zoucheng Branch of Bank of China (40750043070809600 1). Tiantong Securities misappropriates customers' transaction settlement funds for financing, with a large amount.
The above facts are confirmed by Tiantong Securities' relevant agreements, financial materials, bank vouchers, transcripts and explanations of relevant personnel, and the evidence is true and sufficient enough to be recognized.
The above-mentioned behavior of Tiantong Securities seriously violates the provisions of Item (3) of Article 73 "Prohibiting securities companies and their employees from engaging in the following fraudulent acts that harm customers' interests in securities trading" and Item (2) of Article 132 "Prohibiting misappropriating customers' trading settlement funds", which constitutes the original.
In view of the fact that Tiantong Securities misappropriates a large number of customers' transaction settlement funds, it no longer has the conditions to continue to operate. According to Article 201 of the original Securities Law, "If a securities company commits serious illegal acts in securities trading and no longer has business qualifications, the securities regulatory authority shall revoke its securities business license and order it to close down", I will decide to revoke the securities business license of Tiantong Securities and order it to close down. The person responsible for the above-mentioned illegal acts of Tiantong Securities shall be dealt with separately.
If a party refuses to accept this punishment decision, he may submit an administrative reconsideration to the China Securities Regulatory Commission within 60 days from the date of receiving this punishment decision; You can also bring a lawsuit directly to the people's court with jurisdiction within 3 months from the date of receiving this punishment decision. During the period of reconsideration and litigation, the above decision shall not be suspended.
China Securities Regulatory Commission (CSRC)
March 2006 17