2. Qualified investors of private equity funds refer to the units and individuals that have the corresponding risk identification ability and risk-taking ability, and the investment amount of a single private equity fund is not less than 6,543,800 yuan, and meet the following relevant standards.
3. The personnel who have obtained the qualification for fund practice must reach a quorum, and the major shareholders have good business performance and social reputation in securities business, securities investment consulting, trust asset management or other financial asset management, and have no illegal records in the last three years.
4. There are articles of association that comply with relevant laws and regulations.
5. Having business premises, safety precautions and other facilities related to the fund management business that meet the requirements.
6. It has a sound internal audit monitoring system and risk control system, and meets other conditions stipulated by laws, administrative regulations and the State Council securities regulatory agency approved by the State Council.
Legal basis:
Interim Measures for the Supervision and Administration of Private Investment Funds
Article 2 The term "private investment fund" as mentioned in these Measures refers to an investment fund established by private offering from investors within the territory of People's Republic of China (PRC).
The investment of private equity fund property includes buying and selling stocks, equity, bonds, futures, options, fund shares and other investment targets agreed in investment contracts.
These Measures shall apply to the registration, fund raising and investment operation of companies or partnerships established for the purpose of investing in private equity funds and assets managed by fund managers or general partners.
These Measures shall apply to securities companies, fund management companies, futures companies and their subsidiaries engaged in private equity fund business. Where other laws and regulations and the relevant provisions of China Securities Regulatory Commission (hereinafter referred to as China Securities Regulatory Commission) provide otherwise for the above-mentioned institutions to engage in private equity fund business, such provisions shall apply.
Article 6 China Asset Management Association (hereinafter referred to as the Fund Industry Association) shall, in accordance with the Securities Investment Fund Law, these Measures, other relevant provisions of the China Securities Regulatory Commission and the self-discipline rules of the Fund Industry Association, carry out industry self-discipline, coordinate industry relations, provide industry services and promote industry development.
Article 7 Managers of various private equity funds shall apply to the fund industry association for registration in accordance with the provisions of the fund industry association, and submit the following basic materials:
(a) the original and photocopy of the industrial and commercial registration and business license;
(2) Articles of association or partnership agreement;
(3) List of major shareholders or partners;
(4) Basic information of senior managers;
(5) Other information stipulated by the fund industry association.
The fund industry association shall publish the list of private fund managers and their basic information through the website within 20 working days after the registration materials of private fund managers are complete, and complete the registration procedures of private fund managers.
Article 8 After all kinds of private equity funds are raised, the private equity fund manager shall go through the fund filing procedures in accordance with the provisions of the fund industry association, and submit the following basic information:
(a) the main investment direction and the types of funds indicated according to the main investment direction.
(2) Fund contract, articles of association or partnership agreement. In the process of fund raising, if a fund prospectus is provided to investors, it shall be submitted. Private equity funds established in the form of companies, partnerships and other enterprises shall also submit the original and photocopy of industrial and commercial registration and business license.
(3) If entrusted management is adopted, an entrusted management agreement shall be submitted. Where a trust institution is entrusted to trust the fund property, a trust agreement shall also be submitted.
(4) Other information stipulated by the fund industry association.
The fund industry association shall, within 20 working days after the filing materials of private equity funds are complete, publish the list of private equity funds and their basic information through the website and complete the filing procedures of private equity funds.
Article 12 A qualified investor in a private equity fund refers to a unit or individual that has the corresponding risk identification ability and risk-taking ability, and the investment amount of a single private equity fund is not less than 6,543,800 yuan, and meets the following relevant standards:
(1) Its net assets are not less than 6,543,800 yuan;
(2) Individuals whose financial assets are not less than 3 million yuan or whose average annual income in the last three years is not less than 500,000 yuan.
The financial assets mentioned in the preceding paragraph include bank deposits, stocks, bonds, fund shares, asset management plans, bank wealth management products, trust plans, insurance products, futures rights and interests, etc.
Twenty-seventh fund industry associations shall establish a management information system for the registration of private fund managers and the filing of private funds.
The fund industry association shall keep the information of private fund managers and private funds strictly confidential. Unless otherwise stipulated by laws and regulations, it shall not be made public.
Article 28 The fund industry association shall establish an information sharing mechanism with the China Securities Regulatory Commission, its dispatched offices and other relevant institutions, regularly summarize and analyze the situation of private equity funds, and provide relevant information on private equity funds in a timely manner.
Twenty-ninth fund industry associations shall formulate and implement the self-discipline rules of private equity fund industry, and supervise and inspect the practice behavior of members and their employees.
If members and their employees violate laws, administrative regulations, the provisions of these Measures and the self-discipline rules of fund industry associations, fund industry associations may take self-discipline management measures according to the seriousness of the case and disclose relevant illegal information through websites. can
Members and their employees are suspected of violating laws and regulations, and the fund industry association shall report to the China Securities Regulatory Commission in a timely manner.
Thirtieth fund industry associations shall establish a complaint handling mechanism to accept complaints from investors and mediate disputes.