The securities legal business mentioned in the preceding paragraph refers to the legal services provided by law firms that are entrusted by the parties to produce and issue legal opinions and other documents for their securities business activities such as securities issuance, listing and trading. Article 3 A law firm and its appointed lawyers shall abide by laws, administrative regulations and relevant provisions, follow the principles of honesty, trustworthiness, independence and diligence, abide by lawyers' professional ethics and practice discipline, strictly perform their statutory duties, and ensure the truthfulness, accuracy and completeness of the documents issued. Article 4 A law firm shall establish and improve the risk control system, strengthen the management of lawyers' securities legal business and improve their securities legal business level. Article 5 China Securities Regulatory Commission (hereinafter referred to as China Securities Regulatory Commission) and its dispatched offices, Ministry of Justice and local judicial administrative organs shall supervise and manage the securities legal business of law firms according to law.
According to the articles of association and lawyers' professional norms, the lawyers' association conducts self-discipline management on the securities legal business of law firms. Chapter II Scope of Business Article 6 A law firm engaged in securities law business may issue legal opinions on the following matters:
(1) initial public offering of shares and listing;
(2) The securities of listed companies are issued and listed;
(three) the acquisition of listed companies, major asset restructuring and share repurchase;
(4) The listed company implements the equity incentive plan;
(5) The listed company holds a general meeting of shareholders;
(6) Domestic enterprises directly or indirectly issue securities overseas and list and trade them overseas;
(7) The establishment, alteration, dissolution and termination of securities companies, securities investment fund management companies and their branches.
(eight) the collection of securities investment funds and the establishment of the collective asset management plan of securities companies;
(9) Issuance and listing of securities derivatives;
(ten) other matters stipulated by the China Securities Regulatory Commission. Article 7 A law firm may accept the entrustment of the parties and organize the production of legal documents related to securities business activities. Article 8 Law firms that meet the following conditions are encouraged to engage in securities legal business:
(a) internal management norms, sound risk control system, high professional standards, good social reputation;
(two) there are more than 20 practicing lawyers, of whom more than 5 are engaged in securities legal business;
(3) Having handled effective occupational liability insurance;
(4) It has not been subjected to administrative punishment for illegal practice in the last two years. Article 9 Lawyers who meet one of the following conditions and have not received administrative punishment for illegal practice in the last two years are encouraged to engage in securities legal business:
(1) Engaged in securities legal business in the last three years.
(2) A lawyer who has been practicing continuously for the last three years and intends to undertake business with him * * * has been engaged in securities legal business for the last three years;
(3) Having been engaged in teaching and research in the field of securities law continuously in the last three years, or having received industry training in securities law business. Article 10 A lawyer whose practice certificate has been revoked may no longer engage in securities legal business.
Lawyers who have been banned from the securities market by the China Securities Regulatory Commission or punished by the judicial administrative organ for stopping practicing shall not engage in securities legal business during the period of prohibition or suspension. Article 11 The same law firm shall not issue legal opinions for the issuer, sponsor and underwriting securities company of the same securities issue at the same time, nor shall it issue legal opinions for the acquirer of the same acquisition and the acquired listed company at the same time, nor shall it issue legal opinions for different interested parties in other securities business activities.
If a lawyer serves as a director, supervisor or senior manager of the company and its related parties, or there are other circumstances that affect the independence of lawyers, the law firm where the lawyer works shall not accept the entrustment of his company to provide securities legal services for the company. Chapter III Business Rules Article 12 A law firm and its appointed lawyers shall be diligent and conscientious in conducting securities legal business in accordance with the business rules formulated according to law.
Lawyers can conduct verification and verification by interview, written examination, field investigation, inquiry and confirmation, calculation and review. Article 13 A law firm and its lawyers entrusted to engage in securities legal business shall verify and verify the authenticity, accuracy and completeness of the documents and materials on which it is based according to law; Before verification, a verification plan should be made to specify the items that need verification and verification, and make appropriate adjustments according to business progress. Article 14 When giving legal opinions, lawyers shall perform the duty of special care for legal professionals and ordinary people in other business matters, and the documents they produce and issue shall not contain false records, misleading statements or major omissions.