Page 44 - 期货和衍生品行业监管动态（2023年2月）

期货和衍生品行业监管动态

未履行备案程序、备案材料造假等违法违规行为的法律责任，提高违法违规成本。

五是增强制度包容性。结合资本市场扩大对外开放实际和市场需要，放宽直接境

外发行上市在特定情形下的发行对象限制；进一步便利“全流通”；放宽境外募集
资金、派发股利币种的限制，满足企业在境外募集人民币的需求。配套指引内容

涵盖监管规则适用、备案材料内容和格式、报告内容、备案沟通、境外证券公司

备案等方面，进一步明确和细化备案要求。

国家扩大资本市场对外开放的方向不会改变，境外上市备案管理制度规则的

发布实施，将更好支持企业依法合规到境外上市，利用两个市场、两种资源实现

规范健康发展。

China Securities Regulatory Commission Releases New Regulations for

Filing-based Administration of Overseas Offering and Listing (2023/2/17)

Approved by the State Council, China Securities Regulatory Commission

(“CSRC”) released new regulations for the filing-based administration of overseas
securities offering and listing by domestic companies on 17th February 2023. The

regulations will come into effect on 31st March 2023.

The newly released set of regulations consists of 6 documents, including the

Trial Administrative Measures of Overseas Securities Offering and Listing by

Domestic Companies (the “Trial Measures”) and 5 supporting guidelines.

Composed of 6 chapters with 35 articles, the Trial Measures mainly covers the

following contents: Firstly, refining the regulatory system by subjecting both direct

and indirect overseas offering and listing activities to the filing-based administration,

and clearly defining the circumstances where provisions for direct and indirect

overseas offering and listing apply. Secondly, providing clarity on the filing process

by specifying requirements on filing entities, time points and procedures. Thirdly,
strengthening regulatory synergy by establishing the regulatory coordination

mechanism, improving cross-border regulatory cooperation arrangements and creating
a filing information sharing mechanism. Fourthly, defining legal liabilities for failing

to fulfill filing procedures, fabricating filing documents or other violations, and

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