Activities to protect the legitimacy of investors and interested parties.
Rights and interests, promote securities investment funds and securities markets.
Healthy development, the enactment of this law.
Article 2 Within the territory of People's Republic of China (PRC),
Raise securities investment through public offering of fund shares
Funds (hereinafter referred to as funds) shall be managed by fund managers.
Management, fund custodian custody, for fund shares.
Someone's interests, the form of securities.
This law applies to investment activities; Where there are no provisions in this Law,
Trust Law of People's Republic of China (PRC) and Trust Law of People's Republic of China (PRC) are applicable.
Securities Law of People's Republic of China (PRC) and other relevant laws.
Provisions of laws and administrative regulations.
Article 3 Fund managers and fund custodians
And the rights and obligations of fund share holders, in accordance with
Production management, use or other circumstances.
Property and income are included in the fund property.
The fund manager and fund custodian are dissolved according to law.
Be dissolved, revoked or declared bankrupt according to law.
If the cause is liquidated, the fund property does not belong to liquidation.
Inventory property.
Article 7 The creditor's rights of the fund property shall not be involved.
Debt of inherent property of fund managers and fund custodians
Cancel each other; Creditor's rights and debts of different fund properties,
Do not cancel each other out.
Article 8 It is not borne by the fund property itself.
The debt shall not be enforced on the fund property.
Article 9 Fund managers and fund custodians
The management and use of fund property should be conscientious,
Fulfill the obligations of honesty, trustworthiness, prudence and diligence.
Fund practitioners shall obtain funds according to law.
Professional qualifications, abide by laws and administrative regulations, and abide by them.
Professional ethics and code of conduct.
Article 10 Fund managers and fund custodians
And fund share sales organizations may establish trade associations.
Will strengthen industry self-discipline, coordinate industry relations, improve
Serve the industry and promote its development.
Article 11 the State Council Securities Regulatory Authority
Institutions shall supervise the activities of securities investment funds according to law.
Supervision and management.
Chapter II Fund Managers
Article 12 A fund manager shall be established according to law.
As a fund management company.
As a fund manager, he should be certified by the State Council.
Approved by the securities regulatory body.
Article 13 The establishment of a fund management company shall
When the following conditions are met and approved by the State Council Securities Regulatory Authority,
Approved by the management organization:
(a) in accordance with this law and the people of China * * *
Articles of Association stipulated in the Company Law of People's Republic of China (PRC);
(2) Personnel with a registered capital of not less than 1 billion yuan.
Money, and must be paid in monetary capital;
(3) The major shareholders have engaged in securities business.
Business, securities investment consulting, trust asset management or
Other financial assets have good management and operating performance.
Social reputation is good, and there is no illegal record in the last three years.
For the record, the registered capital is not less than 300 million yuan;
(four) the number of personnel who have obtained the qualification of fund practice has reached.
Reach a quorum;
(5) Having business premises and safety facilities that meet the requirements.
Comprehensive prevention facilities and related fund management business.
Other facilities;
(six) a sound internal audit and monitoring system.
And risk control system;
(seven) the provisions of laws, administrative regulations and these measures.
The State Council Securities Regulatory Authority is approved by the State Council.
Other conditions stipulated.
Article 14 the State Council Securities Regulatory Authority
An institution shall accept the application for the establishment of a fund management company on its own.
According to article 13 of this law, within six months,
Conditions for examination and approval and principles of prudent supervision.
The decision of approval or disapproval, and notify the applicant.
People; If it is not approved, it shall explain the reasons.
Fund management companies set up branches and modify them.
Changes in the articles of association or other major matters shall be submitted for approval.
Approved by the State Council Securities Regulatory Authority. the State Council
The securities regulatory body shall, from the date of accepting the application.
Make a decision on approval or disapproval within 60 days.
Set, and notify the applicant; If it is not approved, it should
Explain why.
Fifteenth the following persons shall not serve as a fund
Fund practitioners of the manager:
(a) for corruption, bribery, dereliction of duty, invasion
Commit property crimes or disrupt the order of socialist market economy.
Crime of order, sentenced to punishment;
(two) due to the company and enterprise.
The camp is not good at bankruptcy liquidation or being revoked for illegal acts.
Industry license officers, supervisors and factories with personal responsibility
Long, managers and other senior management personnel, from the public
Division, bankruptcy liquidation, termination or cancellation of business.
Less than five years since the date of license;
(three) if the personal debt is large, it will be sent to me.
Outstanding; l
(4) Fund managers who have been dismissed due to illegal acts.
Manager, fund custodian, stock exchange, securities
Companies, securities registration and settlement institutions, futures trading
Employees of companies, futures brokerage companies and other institutions
Members and staff of state organs;
(five) the practice certificate has been revoked due to illegal acts.
Or disqualified lawyers, certified public accountants and
Employees of asset appraisal institutions and verification institutions,
Investment consulting practitioners;
(six) the provisions of laws and administrative regulations shall not be from
Other personnel in charge of fund business.
Article 16 The manager of a fund manager and
Other senior managers should be familiar with securities investment.
Laws and administrative regulations are the same as those of the fund industry.
Qualifications and at least three years working experience related to their positions.
Work experience.
Article 17 The manager of a fund manager and
The appointment or change of other senior management personnel shall be
When reporting to the the State Council securities regulatory authority, according to me.
The provisions of this law and other relevant laws and administrative regulations.
Review qualifications.
Article 18 Directors and supervisors of fund managers
Management personnel, like other employees, shall not serve as base posts.
Any gold custodian or other fund manager
Position, shall not engage in activities that damage the fund property and fund share.
Conduct securities trading and other activities for the benefit of the holders of the amount.
Article 19 A fund manager shall perform the following duties.
The following responsibilities:
(a) to raise funds according to law, handle or appoint.
Entrusted by the State Council Securities Regulatory Authority.
Other institutions handle the sale and subscription of fund shares on their behalf.
Purchase, redemption and registration;
(2) Handling fund filing procedures;
(three) the property of different funds under management.
Do not manage, keep separate accounts and invest in securities;
(four) according to the provisions of the fund contract to determine the base.
Gold income distribution plan, timely hold to the fund share.
People distribute income;
(five) the basis for fund accounting and preparation.
Gold financial accounting report;
(6) Preparing interim and annual fund reports;
(7) Calculate and announce the net asset value of the fund,
Determine the subscription and redemption prices of fund shares;
(8) Handling fund property management business.
Related information disclosure matters;
(9) Convening a general meeting of fund share holders;
(10) Property management business activities of the preservation fund.
Records, account books, statements and other relevant materials;
(eleven) in the name of the fund manager, on behalf of
The interests of the fund share holders in exercising their litigation rights, or
Carrying out other legal acts;
(12) the State Council Securities Regulatory Authority
Other duties as stipulated.
Article 20 A fund manager shall not be under any of the following circumstances
Behavior:
(1) Inherent property or property of others
Mixed with fund property to engage in securities investment;
(two) unfair treatment of their management differences.
Fund property;
(3) The fund property is used for fund shares.
A third person other than others seeks benefits;
(4) Committing to fund share holders in violation of regulations.
Gains or losses;