1. Registered capital: The law does not clearly stipulate special requirements for registered capital for companies as private equity fund managers. However, according to the conditions for the establishment of a private equity company stipulated in the "Notice on the Work Arrangements for the Recent Entry of Private Equity Fund Managers", the minimum paid-in capital must reach 100,000. Therefore, lawyers suggest that when setting up a private equity fund company, the minimum registered capital and paid-in capital should not be less than 100,000.
2. Name and business scope: According to the association’s request, the lawyer will check the content of the private equity fund manager. It is necessary to check whether the company name and business scope contain words closely related to the business attributes of the private equity fund manager, such as "Fund management", "investment management", "asset management", "equity investment", "venture investment", etc.; and whether the name of the private equity fund manager contains the word "private equity". Therefore, at the beginning of the establishment of the company, a private equity fund manager should include the above words that are closely related to the business of the private equity fund manager in its name and business scope. At the same time, the business scope of private equity fund managers should comply with the professional operation principles stipulated in Article 22 of the "Interim Measures for the Supervision and Administration of Private Equity Investment Funds". The company's main business is private equity fund management business; in the industrial and commercial business scope or actual business , the company does not operate any business that may conflict with the private equity investment fund business, any business that conflicts with the "investment management" buyer business, or any other non-financial business. When establishing a private equity fund manager, the business scope should be determined in strict compliance with the principle of professionalism. Otherwise, the private equity fund company needs to make rectifications and carry out industrial and commercial change registration.
3. Registration place: The registration place should generally be consistent with the business location. If the registered place is leased, a lease contract must be provided. The place of business is inconsistent with the place of registration. When applying for membership, the association will require the applicant to fully explain the reasons, and the legal opinion will also fully disclose such inconsistencies. and apply for membership to the association. Based on the association's requirements for new applicants, the lawyer suggested setting up a private equity company in accordance with the association's requirements.
4. Registered personnel: The senior managers of private equity fund managers should have fund professional qualifications. Therefore, the position setting of senior managers of private equity fund managers should comply with the requirements of the China Asset Management Association. Senior management personnel include: legal representative, representative appointed by the managing partner, general manager, deputy general manager (if any), and person in charge of compliance/risk control. For all types of private equity fund managers engaged in private securities investment fund business, their senior managers should obtain fund practice qualifications. All types of private equity fund managers engaged in non-private equity securities investment fund business must have at least two senior executives who have obtained fund practice qualifications, among which the legal representative and the person in charge of risk control must have obtained practice qualifications. When a private equity fund manager registers the company with the industrial and commercial registration, it shall consider whether the legal representative and other senior managers have the qualifications to practice funds. If not, it is recommended not to register them as the legal representative and other senior managers of the company for the time being.
At the same time, senior executives should have no criminal records and have not been punished by industry associations; there should be no negative information in the capital market credit database; they should not be included in the list of dishonest persons subject to enforcement; and there should be no bad credit records on the Credit China website. Before a private equity fund manager plans to be listed as a company executive during industrial and commercial registration, he should check whether the person meets the above conditions.
Please click: Suzhou Company Registration, Nanchang Company Registration, Changchun Company Registration to inquire about business in each region.
How much does industrial and commercial registration cost? Find Mander Enterprise Services, the company is safe and efficient, and the tax consultant is professional. Mander Enterprise Service is a one-stop service expert.