China’s capital market will be more competitive when the new Securities Law comes into effect on March 1.
The newly revised Securities Law of People’s Republic of China (PRC) (hereinafter referred to as the new Securities Law) was recently passed and will be officially implemented on March 1, 2020. China’s capital market will enter a new stage of development. At present, relevant departments are in full swing to introduce relevant supporting measures. Analysts generally believe that the new Securities Law further improves the basic system of the securities market, helps to improve the quality of listed companies, effectively protects the legitimate rights and interests of investors and better serves the real economy. In the future, with the improvement of various reform systems, China’s capital market will give generate a strong vitality and competitiveness.
Let the market play a decisive role.
As the "basic law" and "fundamental law" of the capital market, the new Securities Law has aroused widespread concern at home and abroad since its inception.
Among them, the most striking thing is the change of the legal conditions of the company’s initial public offering (IPO). Before the amendment, the requirement of the law for IPO companies was "sustainable profitability", while the new Securities Law clearly stated that the relevant requirement was "sustainable operation ability". He Haifeng, director of the china law society Securities Law Research Association, said that the former is compatible with the approval system; The latter is compatible with the registration system, because the operating ability is more inclusive and diversified than the profitability, and there is more reason to leave it to the market for independent judgment.
Chen Hua, a senior researcher at the National Institute of Development and Strategy of Renmin University of China, pointed out that anti-fraud is the core theme of securities issuance supervision, and the goal of the approval system is to fight against issuance fraud through auditing. However, it can’t solve the problem of fraudulent issuance after all, and it is easy for people to take advantage of loopholes, such as using very professional methods to make financial statements beautiful.
"Price is the core of the market mechanism, but both price and quantity must be market-oriented and work together. The price formed after the release of the audit and the release of the rhythm can truly reflect the scarcity of resources, accurately guide the behavior of market players, and form an endogenous self-balancing mechanism in the market. " Chen Zhen said that high-quality inquiries and information disclosure will definitely make counterfeiters fully exposed.
Wu Wenfeng, vice president of Antai school of economics and management of Shanghai Jiaotong University, pointed out in an interview with this reporter that the registration system will not affect the overall quality of listed companies, but will help the market to play a decisive role and improve the overall efficiency of the capital market.
The punishment for breaking the law and breaking the trust is even stronger.
It is worth noting that the new Securities Law not only opens the door to financing for more high-quality enterprises, but also greatly improves the punishment for illegal acts in the capital market.
For example, for fraudulent issuance, the original fine of 5% of the maximum amount of funds raised will be raised to double the amount of funds raised; For information disclosure violations of listed companies, the maximum fine can be increased from 600,000 yuan to 10 million yuan; If the controlling shareholder or actual controller of the issuer organizes or instigates to engage in false statements, or conceals relevant matters, resulting in false statements, it is stipulated that a maximum fine of 10 million yuan can be imposed.
The vitality brought by the registration system to China’s capital market will not only be reflected in the listing of more high-quality and potential enterprises, but also in the timely delisting of inferior companies.
Chen Hua introduced that in the mature registered market, although listing is relatively easy, it is very difficult to maintain the listing status because the delisting elimination rate is generally high. The most prominent feature of registration system audit is that the traditional administrative examination and approval is replaced by inquiry and disclosure. The change of the registration system from "examination" to "questioning" does not mean that the stock market has released a lot of water.
"The delisting system is the basic system of the capital market. The average annual delisting rate of Nasdaq market in the United States is 8%, and the delisting rate of NYSE is around 6%. Science and technology innovation board of Shanghai Stock Exchange is positioned as a science and technology enterprise in the early stage of service. After listing, the operating uncertainty of enterprises is high, some enterprises will grow into leaders and giants, while others may gradually fail, and the market differentiation will be more obvious than other sectors. It is very important to establish an orderly delisting system. " Chen Hao said.
Wu Wenfeng further pointed out that it is always an inevitable requirement to improve the competitiveness of China’s capital market system, whether it is strictly implementing the delisting system, increasing the illegal cost and improving the punishment for illegal activities in the capital market.
Rooted entities show greater appeal
The imminent implementation of the new Securities Law has also boosted practitioners’ expectations for the future of China’s capital market.
"The capital market is attractive from both the macro-economic and recent policy perspectives." Lian Ping, chief economist of Bank of Communications, believes that in the next six months or a year, macro-policy factors will be superimposed together, which will be beneficial to the capital market.
"For a long time, the proportion of traditional industries and large enterprises in China’s capital market is relatively large, and the influence of emerging enterprises reflecting new industries, new formats and new business models is insufficient. In the future, with the implementation of the new Securities Law and the steady progress of the registration system reform, this phenomenon is expected to be effectively improved, and the transformation and upgrading of the real economy will gain more support. In the process of new economic growth, capital market investors will also receive corresponding returns. " Wu Wenfeng said.
"According to the authorization of this law, the CSRC will fully consider the market reality, especially to grasp the organic and unified connection of securities issuance, securities registration and market affordability, and promote it step by step and steadily in accordance with the unified deployment of the State Council." Cheng Hehong, director of the legal department of the China Securities Regulatory Commission, said. The CSRC said that it will speed up the formulation, revision and improvement of supporting rules and regulations, improve the basic system of the securities market, strictly implement the provisions of the revised law, continuously improve the level of supervision and law enforcement, and give full play to the positive role of the new Securities Law in promoting market reform, maintaining market order, strengthening market functions, and protecting the legitimate rights and interests of investors.


