Article 1 These Provisions are formulated in accordance with the Securities Law, Insurance Law, Securities Investment Fund Law and other laws and regulations in order to regulate qualified asset management institutions to carry out the management business of publicly offering securities investment funds (hereinafter referred to as funds), safeguard the legitimate rights and interests of fund share holders, and promote the sustained and healthy development of fund industry and capital market.
Article 2 The term "asset management institutions" as mentioned in these Provisions refers to securities companies, insurance asset management companies and asset management institutions specializing in the management of non-public offering securities investment funds (hereinafter referred to as private placement securities fund management institutions) established in China according to law.
Article 3 An asset management institution shall apply to the China Securities Regulatory Commission (hereinafter referred to as the China Securities Regulatory Commission) to engage in fund management business, and the China Securities Regulatory Commission shall approve its business qualification according to law.
Article 4 The China Securities Regulatory Commission and its dispatched offices shall supervise and manage the fund management business activities of asset management institutions according to law.
China Asset Management Association (hereinafter referred to as the Fund Industry Association) implements self-discipline management on the fund management business activities of asset management institutions.
Article 5 An asset management institution applying for fund management business shall meet the following conditions:
(1) Having more than 3 years experience in securities asset management, and having good performance in securities products managed in the last 3 years;
(2) It has sound corporate governance, sound internal control and effective risk management.
(3) It has good business conditions and sound finance in the last three years;
(4) Being honest and compliant, having no record of major violations of laws and regulations in the regulatory authorities in the last three years, not being investigated by the regulatory authorities for violations of laws and regulations, or being in the process of rectification;
(5) Being a member of the fund industry association;
(6) Other conditions stipulated by the China Securities Regulatory Commission.
Article 6 A securities company applying for fund management business shall meet the following conditions in addition to the provisions of Article 5:
(a) the total scale of asset management is not less than 20 billion yuan or the scale of collective asset management business is not less than 2 billion yuan;
(2) In recent 12 months, all risk control indicators have continuously met the prescribed standards.
Article 7 An insurance asset management company applying for fund management business shall meet the following conditions in addition to the provisions of Article 5:
(a) the scale of assets under management is not less than 20 billion yuan;
(2) Its net assets at the end of the recent 1 quarter are not less than 500 million yuan.
Article 8 To apply for fund management business, a private equity fund management institution shall meet the following conditions in addition to the provisions of Article 5:
(1) The paid-in capital or paid-in capital contribution shall not be less than100000 yuan;
(two) the average annual scale of securities asset management in the last three years is not less than 2 billion yuan.
Article 9 An asset management institution applying for fund management business shall submit application materials to the China Securities Regulatory Commission, and the China Securities Regulatory Commission shall examine the application of the asset management institution according to law. To obtain the qualification of fund management business, the fund management qualification certificate shall be issued.
Article 10 An asset management institution engaged in fund management business shall abide by laws, administrative regulations and the provisions of the China Securities Regulatory Commission, be honest and trustworthy, be prudent and diligent, be faithful and conscientious, and be a interest management native, a fund share holder and a fund property user.
Eleventh asset management institutions to carry out fund management business, should set up a special fund business department, establish an independent fund investment decision-making process and related firewall system, effectively prevent the transfer of interests and conflicts of interest.
To carry out fund management business, an asset management institution shall have an information system and security facilities that meet the requirements or a perfect information system and business outsourcing scheme. Asset management institutions can provide support for fund management in research, risk control, supervision and audit, human resource management, information technology and operational services.
Article 12 An asset management institution shall establish a management system for fair transactions and related party transactions, improve the monitoring mechanism for fair transactions and abnormal transactions, treat different assets under management fairly and prevent insider trading.
Article 13 To conduct fund management business, an asset management institution shall have senior managers who meet the requirements of laws and regulations, and at least 65,438+00 professionals who are engaged in investment and research business and have obtained the qualification of fund practice.
Senior managers and other employees shall abide by laws and regulations, abide by professional ethics and codes of conduct, perform the obligations of honesty, trustworthiness, prudence and diligence, and shall not engage in activities that harm the interests of fund share holders.
Article 14 The China Securities Regulatory Commission shall conduct off-site inspection and on-site inspection on the fund management business of asset management institutions according to law.
Fifteenth asset management institutions to carry out fund management business in violation of relevant laws and regulations and the provisions of the China Securities Regulatory Commission, the China Securities Regulatory Commission shall take administrative supervision measures against the asset management institutions and their directly responsible personnel in charge and other directly responsible personnel. Should be subject to administrative punishment according to law, administrative punishment shall be carried out in accordance with the relevant provisions; Anyone suspected of committing a crime shall be transferred to judicial organs according to law and investigated for criminal responsibility.
Article 16 These Provisions shall apply mutatis mutandis to securities companies that conduct fund management business through their asset management subsidiaries.
Equity investment management institutions, venture capital management institutions and other asset management institutions meet the conditions stipulated in Articles 5 and 8 of these Provisions, and apply for fund management business with reference to these Provisions.
Seventeenth asset management institutions to carry out fund management business, there are no provisions in these Provisions, the Securities Investment Fund Law and related laws and regulations and the provisions of the China Securities Regulatory Commission shall apply.
Article 18 These Provisions shall come into force as of 13 and1June 20th.
Attachment: List of application materials for asset management institutions to apply for fund management business