Provisions on the transfer of private equity funds

Legal analysis: Private equity fund shares can be transferred according to law, but if investors transfer fund shares, the transferee should be qualified investors, and the number of investors after the transfer of fund shares should meet the requirements.

1. If the manager transfers the shares or rights and interests of the private equity fund in the quotation system, the transaction can be made through negotiation or click on the transaction.

2. The administrator can choose one or more transfer methods at the time of transfer registration and disclose them in the quotation system.

3. Participants who transfer the shares or rights of private equity funds in the quotation system may sign the transfer agreement in the form of electronic contract in the quotation system.

4. Where the duration of the private equity fund expires or the partnership or company is dissolved, the manager shall apply to terminate the transfer of the private equity fund.

5. Private equity funds shall be raised or transferred to qualified investors, and the cumulative number of investors in a single private equity fund shall not exceed the provisions of laws and regulations.

6. If the private equity fund established according to the private equity fund contract is raised or transferred in the quotation system, it can be registered and settled through the quotation system registration and settlement institution or other institutions recognized by the China Securities Regulatory Commission. Where other institutions recognized by China Securities Regulatory Commission are entrusted to handle the registration and settlement, other institutions recognized by China Securities Regulatory Commission shall sign a cooperation agreement with the market monitoring center and submit the registration and settlement information to the quotation system.

7. Corporate and partnership private equity funds shall apply to the administrative department for industry and commerce or other authorized institutions for registration in accordance with relevant laws and regulations. Before the quotation system is transferred, the manager shall submit the information of private equity fund owners to the quotation system; After the transfer, the manager should feedback the change registration result of the private equity fund owner to the quotation system.

Legal basis: Article 93 of People's Republic of China (PRC) Securities Investment Fund Law * * * According to the fund contract, some fund share holders can be responsible for the investment management activities of the fund as fund managers, and bear unlimited joint and several liabilities for the debts of the fund property when the fund property is insufficient to pay off its debts.

The fund contract of the non-public offering fund mentioned in the preceding paragraph shall also specify:

(1) Names and domiciles of the fund share holders and other fund share holders who bear unlimited joint and several liabilities;

(two) the conditions for the removal of the fund share holders who bear unlimited joint liability and the replacement procedures;

(3) Conditions, procedures and related responsibilities for the increase and withdrawal of fund share holders;

(4) The conversion procedure between the fund share holders who bear unlimited joint liability and other fund share holders.