How to determine the criminal responsibility of private equity funds for not filing?
I filing of private equity funds 1. Private equity funds need to be filed. 2. According to the Measures for the Registration and Filing of Private Equity Fund Managers (Trial), private equity fund managers should file through the private equity fund registration and filing system within 20 working days after raising private equity funds, indicate the fund category according to the main investment direction of private equity funds, and truthfully fill in basic information such as fund name, fund scale, investor, fund contract (articles of association of the fund company or partnership agreement). Two. The consequences of not recording 1. It is forbidden to use the words "fund" or "fund management" in securities investment. According to Article 90 of the Securities Investment Fund Law, without registration, no unit or individual may engage in securities investment activities by using "fund", "fund management" or similar names, including buying and selling stocks, bonds and fund shares of publicly issued joint stock limited companies, as well as other securities and their derivatives as stipulated by the State Council Securities Regulatory Authority. 2. Facing the legal risks of administrative punishment. According to Articles 133 and 134 of the Securities Investment Fund Law and Article 38 of the Interim Measures for the Supervision and Administration of Private Equity Funds, private equity fund managers are not registered and private equity funds are not filed. Private fund managers, directly responsible executives and other directly responsible personnel may face administrative penalties, such as illegal operations, and even criminal penalties (such as illegal fund-raising). 3. Failure to open a securities account will affect the investment in new third board enterprises and listed companies. Article 14 of the Measures for the Registration of Private Equity Fund Managers and the Filing of Funds (Trial) stipulates that private equity funds that have been filed may apply for opening securities-related accounts. China Securities Depository and Clearing Co., Ltd. has successively issued the Notice on Issues Related to the Opening and Settlement of Private Equity Funds and the Notice on Matters Related to the Opening of Securities Accounts by Private Equity Fund Managers, clarifying that private equity funds must provide the registration certificate issued by the fund industry association when opening securities accounts, and private equity funds may face criminal responsibility if they fail to file. If you don't comply and put on record, it may not only affect the development of the enterprise, but also suffer criminal punishment for breaking the law because of business problems, which is not worth the candle. The law does not treat anyone specially. Therefore, private equity fund companies should not take chances, and must file in accordance with relevant regulations.