introduce
Securities investment fund management companies (collectively referred to as fund companies) refer to companies established in China with the approval of China Securities Regulatory Commission.
An enterprise legal person established in China to manage securities investment funds. The board of directors of the company is the highest authority of the fund company. Fund company
Sponsors are generally institutions engaged in securities business, securities investment consulting, trust asset management or other financial asset management.
Securities investment funds (commonly known as funds) are products issued by fund companies. In the issue, management, custody and registration related to funds
Fund managers (fund companies) in the process of filing and sales, including fund issuance and management, registration and some sales industries.
Service (direct sales). What needs to be emphasized here is that the fund property is independent of the inherent property of the fund manager. In other words, on the one hand, it is a fund company
Fund property shall not be classified as its inherent property. When the fund company goes bankrupt or collects debts, the fund is not included; On the other hand, investors
The act of purchasing a fund does not belong to purchasing the assets of a fund company.
condition
According to "People's Republic of China (PRC) Securities Investment Fund Law", one of the stakeholders who publicly raise and manage fund shares raises securities investment funds.
Generally, it includes fund managers, fund custodians, fund share holders and fund sales organizations. The fund manager was established with the approval of the CSRC.
Securities investment fund management company, the fund custodian is a commercial bank that has obtained the qualification of fund custody, and the fund share holders have purchased the fund.
Gold investors and fund sales organizations are legal persons who set up sales funds with the approval of the CSRC.
Set up a fund company
According to the provisions of the People's Republic of China (PRC) Securities Investment Fund Law and the Measures for the Administration of Securities Investment Fund Management Companies, a fund is established.
To operate a company, it shall meet the following conditions and be approved by the China Securities Regulatory Commission:
(1) Having articles of association that conform to the provisions of the Securities Investment Fund Law of People's Republic of China (PRC) and the Company Law of People's Republic of China (PRC);
(2) The registered capital shall not be less than 1 billion yuan, and it must be paid-in monetary capital;
(3) The major shareholder has good experience in securities business, securities investment consulting, trust asset management or other financial asset management.
Its business performance and social reputation are good, it has no illegal record in the last three years, and its registered capital is not less than 300 million yuan;
(four) the number of personnel who have obtained the qualification for fund practice has reached a quorum;
(5) Having business premises, safety precautions and other facilities related to the fund management business that meet the requirements;
(6) Having a sound internal audit monitoring system and risk control system;
(seven) other conditions stipulated by laws, administrative regulations and the State Council securities regulatory agency approved by the State Council.
In addition, as the major shareholder of a fund company, it is also stipulated that the major shareholder of a fund management company means that the capital contribution accounts for the registered place of the fund management company.
Shareholders with the highest capital contribution ratio (hereinafter referred to as the capital contribution ratio) and not less than 25%. Major shareholders shall meet the following conditions:
(a) engaged in securities business, securities investment consulting, trust asset management or other financial asset management;
(2) Its registered capital is not less than 300 million yuan;
(3) Good business performance and good asset quality;
(4) It has been operating continuously for more than three complete fiscal years, with sound corporate governance and sound internal control system;
(5) It has not been subjected to administrative punishment or criminal punishment for illegal acts in the last three years;
(six) whether there is any misappropriation of customer assets and other acts that harm the interests of customers;
(7) It is not being investigated by the regulatory authorities due to illegal acts, or it is being rectified;
(eight) has a good social reputation, in the last three years in the tax, industry and commerce and other administrative organs, as well as financial supervision, self-discipline management, commercial banks.
Banks and other institutions have no bad records.
If it is a shareholder other than the major shareholder of the fund company, the registered capital and net assets should be no less than 654.38 billion yuan, and the asset quality is good.
, and meet the conditions stipulated in the second paragraph (four) to (eight) of the preceding article.
Sino-foreign joint venture fund company
The state allows the establishment of Sino-foreign joint venture fund companies. In a Sino-foreign joint venture fund management company, the domestic shareholder with the highest proportion of capital contribution shall hold the certificate.
The conditions for major shareholders stipulated in the second paragraph of Article 7 of the Measures for the Administration of Securities Investment Fund Management Companies; Other domestic shareholders shall meet the requirements of Article 8.
Conditions:
Conditions for establishing a fund management company:
"1", the name should comply with the "Regulations on the Administration of Name Registration", and the words "investment fund" are allowed to be used in the names of large-scale investment enterprises.
"2", the trade terms in the name can use "venture capital fund, venture capital fund, equity investment fund, investment fund" and so on.
Words. As an administrative division, "Beijing" is allowed to be used between trade names and industry terms.
3. Fund type: The registered capital (capital contribution) of the investment fund company is not less than 500 million yuan, all of which are made in cash. When it is established,
Paid-in capital (paid-in capital contribution) is not less than 654.38 billion yuan; Pay the registered capital in full according to the articles of association (partnership agreement) within 5 years.
. "
4. The contribution of a single investor shall not be less than 6,543,800,000 yuan (except for the general partner in a limited partnership).
"5", at least 3 senior executives have experience in equity investment fund management or related business.
"6", the business scope of fund enterprises is approved as: investment, investment management and consulting of non-securities business. (Fund enterprises can apply.
Engaged in other business projects outside the above business scope, but shall not engage in the following business:
(1), granting loans;
(2) publicly traded securities investment or financial derivatives trading;
(3) Raising funds publicly;
(four) to provide guarantees for enterprises other than the invested enterprises. )
"7" Management Fund Company: Investment Fund Management: "The registered capital (contribution) is not less than 30 million yuan, all in cash.
Capital contribution and paid-in capital at the time of establishment (paid-in capital contribution) "
8. The contribution of a single investor shall not be less than 6,543,800 yuan (except for the general partner in a limited partnership).
"9", at least 3 senior executives have experience in equity investment fund management or related business.
"10" and the business scope of managed fund enterprises are approved as: investment in non-securities business, investment management and consulting.