Procedures of Shanghai on The Administration of Commodity Trading Markets Ⅲ

　　Article 26 （Business Termination of Commodity Trading Markets）The market operation administrators, who stop the business or terminate the business for their own reasons, shall notify the floor traders one month in advance, and go through all relevant formalities of settling all financial affairs with the floor traders.Where major commodity trading markets that exercise planning management terminate their business, the market operation administrators shall report one month in advance to the administrative department in charge that has granted them the market operational rights.

　　Article 27 （Entrusting Market Management Services） The market operation administrators may entrust a professional market management service agency to conduct market management services.Where the professional market management service agency is entrusted to conduct market management services, the market operation administrators shall not be exempted from the market management obligation and legal liability that they should bear.

　　Article 28 （Trade Associations）The market operation administrators shall be encouraged to form trade associations of market operation management on a voluntary basis to exercise service, self-discipline and coordination for commodity trading markets.

　　Chapter IV Floor Traders

　　Article 29 （Doing Business According to Law）Floor traders shall do business according to law, observe the market management systems and uphold the market order conscientiously.

　　Article 30 （Showing Certificates while Doing Business）Floor traders shall put up at the conspicuous place their business license, tax registration certificate and operation permits of all kinds that should be acquired according to law.Peasants selling their self-produced edible farm produce, or persons of non-regular employment organization engaged in business activities in the marketplace are not subject to the provisions of the preceding clause, but they shall hold relevant certificates and do business within areas designated by the market operation administrators.

　　Article 31 （Business Scope）Floor traders shall conduct business activities according to the business scope authorized by the administrative department of industry and commerce, and shall not surpass the business scope.

　　Article 32 （Preservation of Stock-replenishing Vouchers）When floor traders purchase commodities, they shall inspect commodity quality and keep the original invoices and vouchers that can certify the source of goods, with the exception of peasants selling their self-produced edible farm produce.In respect of special sales of brand-name commodities, the floor traders shall ask the supplier for the authorization certificate.

　　Article 33 （Issuance of Purchasing Vouchers）When floor traders sell commodities, they shall, according to the relevant State provisions or commercial conventions, issue uniform invoices or other purchase vouchers printed under the supervision of this Municipality's taxation department to the commodity buyers.

　　Article 34 （Setting up Day-to-Day Accounts of Sales of Major Commodities）The floor traders who deal in the following commodities shall set up day-to-day accounts of purchase and sales:（1） Soya bean products, meat, grain and their products, electrical products and other commodities in close relation to human health and life safety;（2） Steel products, chemical raw materials, non-ferrous metals and other commodities that fall under the category of major means of production; and（3） Commodities with well-known trademarks or local famous trademarks.

　　Chapter V Legal Liability

　　Article 35 （Punishment for Unauthorized Establishment of Markets）Those who arbitrarily establish and operate commodity trading markets without registration shall be dealt with by the administrative department of industry and commerce according to relevant provisions of the"Company Law of the People's Republic of China"and the"Regulations of the People's Republic of China on the Administration of Company Registration"or the"Regulations of the People's Republic of China on the Administration of Corporation Registration".

　　Article 36 （Punishment for Surpassing Business Scope）The market operation administrators who surpass business scope shall be punished by the administrative department of industry and commerce according to the relevant provisions of the"Regulations of the People's Republic of China on the Administration of Company Registration"or the"Regulations of the People's Republic of China on the Administration of Corporation Registration".

　　Article 37 （Liability of Market Operation Administrators for Non-performance of Management Duties）The market operation administrators who fail to perform the following duties of market management shall be ordered by the administrative department of industry and commerce to correct within the prescribed time limit; those who refuse to correct shall be given warnings and may be cumulatively penalized with a fine of between not less than 1,000 yuan and not more than 5,000 yuan according to the seriousness of the case:（1） Failure to draw up the market management systems; and（2） Failure to put up a public notice board at a conspicuous place in the market.

　　Article 38 （Liability of Market Operation Administrators for Non-performance of Supervision Duties）The market operation administrators who violate the provisions of Article 19, Clause 1 of these Procedures and allow any organization or individual person that does not comply with the provisions of Article 30 of these Procedures to do business in the marketplace shall be given warning by the administrative department of industry and commerce, and shall be cumulatively penalized with a fine of between not less than 1,000 yuan and not more than 5,000 yuan.The market operation administrators who provide the floor traders that conduct illegal business with sites, storage, warehousing, transportation and other conditions, or who shield such traders in the form of connivance or concealment shall be penalized by the administrative department of industry and commerce with a fine of between not less than 5,000 yuan and not more than 10,000 yuan; those with a serious case shall be penalized with a fine of between not less than 10,000 yuan and not more than 20,000 yuan.

　　Article 39 （Legal Liability of Floor Traders）The floor traders who fail to perform the obligations provided by laws, rules and regulations shall be punished by the relevant administrative supervision department according to the provisions set by laws, rules and regulations.

　　Chapter VI Supplementary Provisions

　　Article 40 （Exception to the Application）Where there are special provisions provided by laws, rules and regulations on the administrative department, layout planning and establishment requirements and supervision functions of relevant commodity trading markets, such provisions shall prevail.These Procedures shall not apply to the business acts of the leasing counters of the commercial enterprises

　　Article 41 （Transition Clause for the Existing Markets）This Municipality's existing commodity trading markets shall, according to the requirements of these Procedures, make rectification within one year from the effective date of these Procedures.

　　Article 42 （Effective Date）These Procedures shall become effective on January 1, 2003.