Interim provisions on the qualification management of fund practitioners
Chapter I General Provisions
Article 1 In order to strengthen the qualification management of fund practitioners in fund management companies and fund custody departments, standardize the operation of securities investment funds (hereinafter referred to as funds), effectively protect the legitimate rights and interests of fund holders, and promote the healthy development of the fund industry, these Provisions are formulated in accordance with the Interim Measures for the Administration of Securities Investment Funds (hereinafter referred to as the Interim Measures) and other relevant provisions.
Article 2 The fund practitioners mentioned in these Provisions include the following persons:
(1) Senior managers of fund management companies and fund custody departments and their assistants;
(two) the fund management company with fund business department and the deputy manager of the fund custody department;
Fund managers of fund management companies; (4) Inspectors of fund management companies;
(5) Professionals engaged in R&D, marketing, sales, trading, fund finance, supervision and auditing, computer management and other businesses in fund management companies;
(6) Professionals engaged in R&D, clearing and delivery, fund finance, transaction monitoring, supervision and auditing, computer management and other businesses in the fund custody department;
(seven) other personnel identified by China Securities Regulatory Commission (hereinafter referred to as "China Securities Regulatory Commission").
The term "senior managers" as mentioned in Item (1) of the preceding paragraph refers to the general manager and deputy general manager of the fund management company and fund custody department, and other personnel recognized by the China Securities Regulatory Commission; The term "fund manager" as mentioned in Item (3) refers to the professionals in charge of fund investment in fund management companies; The inspector mentioned in Item (4) refers to a professional who is responsible for supervising and auditing the company in a fund management company and can independently exercise the right to report the supervision and auditing work to the company's chairman and the China Securities Regulatory Commission.
Article 3 China Securities Regulatory Commission (hereinafter referred to as China Securities Regulatory Commission) shall supervise and administer the qualifications of fund practitioners in accordance with these Provisions.
The qualifications of fund practitioners mentioned in the preceding paragraph include the qualifications of fund practitioners, fund managers and senior managers.
Article 4 Where a fund practitioner applies for the qualification of fund practitioner and fund manager, the candidate shall submit the application materials to the China Securities Regulatory Commission in accordance with the requirements of these Provisions. China Securities Regulatory Commission shall review the materials of the applicant, and if the materials meet the requirements, it shall approve the qualifications of fund practitioners and fund managers and issue qualification certificates.
To apply for the post qualification of senior management personnel, the China Securities Regulatory Commission may, in addition to conducting a written examination of the application materials, conduct an investigation and interview on the applicant.
Article 5 The China Securities Regulatory Commission shall announce to the public the list of fund practitioners who have obtained the qualifications of fund practitioners.
Chapter II Fund Qualification
Article 6 Fund practitioners formally employed by fund management companies and fund custody departments shall obtain the qualification of fund practice.
Article 7 To apply for the qualification of fund practitioners, fund practitioners shall meet the following conditions:
(1) Having People's Republic of China (PRC) nationality, except those approved by the China Securities Regulatory Commission;
(2) Having full capacity for civil conduct;
(3) Abide by relevant national laws and regulations and industry norms, and be familiar with relevant securities and financial laws and regulations;
(4) Having good conduct, being honest and trustworthy, being loyal to their duties and keeping secrets;
(5) Having a junior college degree or above in finance, law and other securities-related majors; Or have a college degree or above in other majors, have been engaged in securities business for more than two years or other financial business for more than three years, and have professional knowledge in securities, finance and law;
(6) Having passed the fund qualification examination organized by the China Securities Regulatory Commission or its authorized institution;
(seven) other conditions stipulated by the China Securities Regulatory Commission.
Article 8 Under any of the following circumstances, one may not apply for the qualification of fund practice:
(1) Having received criminal punishment or major administrative punishment;
(2) Being a director, general manager and other senior management personnel of a company or enterprise that has gone bankrupt and liquidated due to mismanagement or whose business license has been revoked due to violation of the law, and taking personal responsibility for the above results;
(3) The debts owed by individuals have not been paid off due, and the amount is relatively large; (4) Being recognized by the China Securities Regulatory Commission as a person prohibited from entering the securities market;
(5) Other circumstances determined by the China Securities Regulatory Commission as unsuitable for engaging in fund business.
Article 9 To apply for fund qualification, a fund practitioner shall submit the following materials to the China Securities Regulatory Commission:
(1) An application form uniformly printed by the China Securities Regulatory Commission; (2) copies of academic qualifications and degree certificates; (3) a copy of the ID card; (four) a copy of the qualification certificate of the fund qualification examination; (five) the recommendation of the proposed employer to the applicant; (six) other materials required by the China Securities Regulatory Commission.
Chapter III Qualification of Fund Managers
Article 10 A fund practitioner who intends to be a fund manager of a fund management company shall obtain the qualification of fund manager in addition to the qualification of fund practice.
Article 11 To apply for the qualification of a fund manager, the following conditions shall be met:
(1) Having the qualification of fund practice;
(two) engaged in fund business for more than three years or securities business for more than five years, with rich experience in securities analysis and investment and good work performance;
(3) Having passed the qualification examination for fund managers organized by the China Securities Regulatory Commission or its authorized institutions.
(4) Other conditions stipulated by the China Securities Regulatory Commission.
Article 12 When applying for the qualification of fund manager, a fund practitioner shall submit the following materials to the China Securities Regulatory Commission in accordance with the provisions of Items (1), (2) and (3) of Article 9 of these Provisions:
(a) a copy of the qualification certificate of the fund; (2) A copy of the qualification examination certificate of the fund manager; (3) Other materials required by the China Securities Regulatory Commission.
Chapter IV Qualifications of Senior Managers
Article 13 Where a fund practitioner intends to serve as a senior manager of a fund management company or fund custody department, the unit to be employed shall submit materials to the China Securities Regulatory Commission in accordance with the requirements of these Provisions, and may only take up the post after being examined and approved by the China Securities Regulatory Commission.
Article 14 A fund employee applying for the post qualification of a senior manager shall meet the following conditions:
(1) Having the qualification of fund practice; Or have other securities work experience recognized by the China Securities Regulatory Commission;
(two) with rich professional management knowledge and experience, strong management and business ability and good management performance;
(3) To be a senior manager of a fund management company, he shall have at least three years' experience in fund business or at least five years' experience in securities finance;
As a senior manager of the fund custody department, he should have more than three years of banking experience;
(4) Other conditions stipulated by the China Securities Regulatory Commission.
Article 15 A fund management company or fund custody department that intends to employ senior managers shall submit the following materials to the China Securities Regulatory Commission in addition to the materials specified in Items (1), (2) and (3) of Article 9:
(1) A photocopy of the qualification certificate for fund practice or a certificate of working experience in fund business and securities business;
(two) the opinions of the applicant recommended by the proposed employer; (3) Other materials required by the China Securities Regulatory Commission.
Chapter V Daily Management
Article 16 The China Securities Regulatory Commission shall conduct annual qualification inspection on senior managers and fund managers of fund management companies and fund custody departments, and conduct regular or irregular inspection on the practice of fund practitioners.
Article 17 The qualifications of fund practitioners for fund practice and fund managers shall not become invalid due to acts such as resignation or change of employing units; However, if a person who has obtained the qualification of fund practitioners and fund managers has not engaged in fund business activities for 18 months in a row, his qualification will automatically become invalid. Those who re-engage in fund business shall re-apply for relevant qualifications in accordance with the procedures required by these Provisions.
Article 18 Where a fund management company or fund custody department needs to dismiss senior managers, it shall obtain the consent of the China Securities Regulatory Commission in advance and recommend new candidates; Without the approval of the China Securities Regulatory Commission, fund management companies and fund custody departments may not employ their senior managers.
Article 19 Fund employees shall abide by relevant state laws, regulations and industry norms, be honest and trustworthy, and be diligent and conscientious, and shall not engage in the following activities:
(a) ultra vires or illegal operation; (2) Violating the fund contract or custody agreement.
Deliberately damaging the legitimate interests of fund holders or other fund-related institutions;
(4) Practicing fraud in the materials submitted to the China Securities Regulatory Commission;
(5) Refusing, interfering, obstructing or seriously affecting the supervision by the China Securities Regulatory Commission according to law;
(six) dereliction of duty, abuse of power;
(7) divulging the business secrets of securities and funds known during his tenure;
(8) Other acts prohibited by laws, administrative regulations and the China Securities Regulatory Commission.
Article 20 Fund employees shall not hold part-time jobs in other business institutions or engage in other profit-making activities related to their own jobs. Senior managers and fund managers who work part-time in non-operating institutions shall be reported to the China Securities Regulatory Commission for the record; Other employees who work part-time in non-operating institutions shall report to the employer for the record.
Twenty-first fund practitioners who change their employing units shall not engage in fund investment business in the new employing units within three months from the date of leaving the employing units.
Article 22 After leaving the original employer, fund employees shall not disclose the undisclosed information of the original employer, and shall not occupy the business opportunities of the original employer for others or themselves; Senior managers and fund managers shall not buy or sell stocks still held by funds managed and operated by the original unit for themselves or others within three months after leaving the original unit.
Article 23 When the general manager of a fund management company leaves his post, the board of directors of the company shall audit his departure, and the audit results shall be reported to the China Securities Regulatory Commission for the record; When other senior management personnel leave their posts, the employing unit shall conduct an exit inspection on them, and the inspection results shall be reported to the China Securities Regulatory Commission for the record.
When the senior managers of the Fund Custody Department leave their posts, the Fund Custodian shall conduct an exit inspection on them and report the inspection results to the China Securities Regulatory Commission for the record.
Chapter VI Punishment
Twenty-fourth fund practitioners who have obtained the qualification of fund practice violate the relevant laws and regulations of the state and these Provisions. In addition to punishment according to relevant laws and regulations, the China Securities Regulatory Commission may give the following penalties according to the seriousness of the case:
(1) warning; (2) Suspend the relevant qualifications of fund practitioners for 6 months to 12 months;
(3) Cancelling the relevant qualifications of fund practitioners, and not accepting the application for the relevant qualifications of fund practitioners within 3 years from the date of canceling the relevant qualifications of fund practitioners;
(four) cancel the relevant qualifications of fund practitioners, and never accept the application for relevant qualifications of fund practitioners.
Twenty-fifth fund practitioners in any of the circumstances listed in Article 8 of these Provisions, the China Securities Regulatory Commission will cancel the relevant qualifications of fund practitioners.
Article 26 If a fund senior manager is investigated or questioned by the relevant administrative department or judicial organ for violating laws and regulations during his tenure, the fund management company and the fund custodian bank shall take necessary measures to ensure the normal operation of the fund management company and the fund custodian department and ensure the safety of fund assets. The China Securities Regulatory Commission may also suspend the relevant qualifications of fund practitioners according to the situation.
Chapter VII Supplementary Provisions
Article 27 The qualifications of the chairman of a fund management company shall be implemented with reference to the relevant provisions of these Provisions on senior management personnel.
Article 28 The appointment of a director of a fund management company shall be examined by the China Securities Regulatory Commission.
The appointment and removal of inspectors of fund management companies shall be reported to the China Securities Regulatory Commission for approval.
The appointment and removal of fund management companies, assistant general managers of fund custody departments, department managers and fund managers shall be reported to the China Securities Regulatory Commission for the record.
Article 29 The China Securities Regulatory Commission shall be responsible for the interpretation of these Provisions. Thirtieth the provisions shall come into force as of the date of promulgation.