(A) the qualification of the fund manager
1. Obtain the qualification of fund practice.
2 through the securities investment legal knowledge examination organized by the China Securities Regulatory Commission or its authorized institutions.
3. Have more than 3 years experience in securities investment management.
4. Without the provisions of the Company Law, the Securities Investment Fund Law and other laws and administrative regulations, he shall not be a director, supervisor, manager or fund employee of the Company.
5. It has not been punished by securities, banking, industry and commerce, taxation and other administrative departments in the last three years.
(B) the fund manager registration system
The fund manager registration system has been implemented since April 2009 1. According to the regulations, a fund manager shall pass the legal knowledge examination of securities investment organized by the China Securities Regulatory Commission or its authorized institution before taking office, and apply for registration with the fund industry association through the company he works for. If the fund manager changes, it shall apply to the fund industry association for registration of change within the specified time. The company shall not employ persons who have not passed the securities investment legal knowledge examination or registered with the fund industry association as fund managers.
(3) the basic code of conduct for investment managers
1. The investment manager shall safeguard the interests of fund share holders. When the interests of the fund share holders conflict with those of the company, shareholders and institutions and individuals related to shareholders, the investment manager shall adhere to the principle of giving priority to the interests of the fund share holders, and shall not use the fund property or manage the fund shares to transfer interests to any institution or individual, and shall not engage in or collaborate with others to engage in activities that harm the interests of the fund share holders.
2. Investment managers shall strictly abide by laws, administrative regulations, provisions of China Securities Regulatory Commission and fund contracts, implement industry self-discipline norms and various rules and regulations of the Company, and shall not engage in acts that undermine the order of the securities market, such as raising the stock market and suppressing the stock price, or conduct other illegal operations.
3. Investment managers shall abide by professional ethics, keep their promises to fund share holders, regulators and companies, and shall not engage in activities that conflict with their duties.
4. Investment managers shall perform their duties independently and objectively, and make objective and impartial independent judgments on investment, research and other matters without interference from others within the scope of authorization when making investment suggestions or conducting investment activities.
5. The investment manager shall treat different fund share holders fairly, treat fund share holders and other asset customers fairly, and shall not transfer interests between different fund properties, fund properties and other entrusted assets.
6. The investment manager should establish the concept of long-term, steady and responsible for the fund share holders, and carefully sign and earnestly perform the employment contract.
7. Investment managers should firmly establish awareness of compliance and risk control, strengthen investment risk management, improve the level of risk management, and prudently carry out investment activities.
8. Investment managers should strengthen their study, receive vocational training, be familiar with relevant policies and regulations of securities investment funds and relevant business knowledge, and constantly improve their professional skills.
(four) the daily management of the fund management company to the investment manager.
The management responsibilities of fund management companies to investment managers mainly include:
1. Establish and improve the employment system and resignation management system.
(1) The company shall establish a scientific and reasonable employment system for investment managers, and make clear provisions on the employment conditions, procedures and time limit of investment managers.
(2) The company should strengthen the management of investment manager's resignation, and make clear provisions on the procedures, work handover and resignation review of investment manager's resignation. The company shall, in accordance with the relevant provisions, timely review the investment managers who intend to leave their posts, issue a work experience certificate and a true and objective resignation review report or appraisal opinion within 30 working days from the date of their resignation, and take practical and effective measures to ensure the normal development of investment business.
(3) The company shall timely disclose the change of the fund manager, make an announcement within 2 days from the date of the company's decision, and report the appointment and removal materials to the relevant agencies of the China Securities Regulatory Commission. When the company announces the change of fund manager, it shall at least include the following contents: (1) the reasons for the change of fund manager; Basic information, work experience of the new fund manager, whether he has been subjected to administrative punishment, whether he has been taken administrative supervision measures by the regulatory authorities, and whether he has managed Public Offering of Fund, the name and management time of the managed fund shall be specified in detail. The fund manager shall urge the company to disclose his appointment and dismissal in a timely manner.
(IV) When hiring investment managers who frequently change jobs in a short period of time, the company shall conduct due diligence on their past credit records, and report to the China Securities Regulatory Commission and relevant agencies in writing before signing the employment contract, explaining the due diligence and the reasons for the proposed employment. The company shall not employ fund managers who have left other companies for less than 3 months to engage in investment, research, trading and other related businesses. If the fund manager manages the fund less than 1 year, the company may not change the fund manager. If there are special circumstances that need to be changed, the reasons shall be explained in writing to the China Securities Regulatory Commission and relevant agencies.
2. Establish and improve the internal control system and risk control mechanism for investment and research.
(1) The company should improve and strictly implement the investment analysis and decision-making mechanism, strengthen the research support for investment decision-making and prevent the arbitrariness of investment decision-making. The company should establish and improve the investment authorization system, clarify the investment authority, and prevent investment managers from engaging in investment activities beyond their authority.
(2) The company should establish and improve the investment risk control mechanism, set up specialized institutions, equip with specialized personnel, and formulate corresponding risk disposal plans.
(3) The company shall establish a fair trading system, clarify the principles and implementation measures of fair trading, strengthen the tracking and monitoring of abnormal trading behaviors such as reverse trading and cross trading, which may lead to unfair trading and interest transfer, and timely analyze and perform reporting obligations according to regulations. The company shall treat funds and other entrusted assets fairly in the arrangement of investment managers.
3. Establish and improve the information management and confidentiality system.
4. Establish and improve the records and archives management system.
5. Establish and improve the conflict of interest management system.
6. Establish and improve the external publicity management system.
The company shall strengthen the management of investment managers' participation in social activities and meetings related to their duties. Without the permission of the company, investment managers may not participate in social activities or meetings related to the performance of their duties in the name of the company or individual. The company shall strengthen the management of public statements made by investment managers related to fund investment. Investment managers shall not mislead or deceive fund share holders or make false statements about fund performance.
7. Establish and improve the communication management system.
The company should strengthen the management of all kinds of communication tools, the company's fixed telephone should be recorded, and the investment managers' mobile communication tools such as mobile phones and handheld computers should be kept centrally during trading hours. MSN, QQ and other instant messaging tools and e-mails should be monitored all the time, and traces should be left. Recording, instant messaging, e-mails and other materials should be kept for more than 5 years.
8. Establish and improve the agent management system.
9. Establish and improve the compliance training system.
Every investment manager should receive no less than 20 hours of compliance training every year.
10. Establish and improve the agency system.
The company shall strictly implement the provisions that other personnel perform the duties of fund managers on their behalf, and shall not arrange personnel who are not qualified as fund managers to actually perform the duties of fund managers for any reason in violation of the provisions. If it is planned that other personnel will perform the duties of fund manager for more than 30 days, the company shall report to the relevant agency of China Securities Regulatory Commission within 3 working days from the date of decision, and make relevant information disclosure.
(V) Regulatory measures of China Securities Regulatory Commission
1. The Director shall report any abnormality in time. According to the regulations, if the investment manager is under any of the following circumstances, the inspector general shall report to the relevant agency of China Securities Regulatory Commission within 3 working days from the date of knowing the information:
(1) being investigated or dealt with by the relevant authorities for being suspected of violating the law and discipline;
(2) Planned resignation exceeds 1 month;
(3) Working part-time in other non-operating institutions;
(four) other circumstances that may affect the normal performance of the duties of the investment manager.
If the fund manager has the above circumstances, the fund management company shall suspend or dismiss his position as a fund manager.
2. Daily supervision and violation handling.
(1) Daily supervision. China Securities Regulatory Commission and relevant institutions set up supervision files for investment managers, track and record their credit status, practice behavior, employment and resignation, hold talks on fund managers' employment and resignation, and pay special attention to frequently changing investment managers and companies that frequently adjust fund managers. For companies that neglect the management of investment managers, obviously lack professional talents, and frequently adjust fund managers, China Securities Regulatory Commission will treat the company's applications for new business development and new product issuance with caution. If it is found that the company employs unqualified fund managers, it will be ordered to make adjustments.
(2) Administrative supervision measures when the investment manager violates regulations. If an investment manager violates the principle of good faith and professional ethics and frequently changes companies and fails to perform his duties diligently, the China Securities Regulatory Commission will take administrative supervision measures such as recording in the integrity file, supervising the conversation, issuing a warning letter, suspending the performance of his duties, and determining that he is not suitable for holding relevant positions.