2-
Fundraising tips: before July 16 and 20 15.
Complete the acquisition of fund business qualifications of relevant employees as soon as possible.
Establish a manager entity as soon as possible and apply to the fund industry association for the registration of private fund managers.
At present, the fundraising activities carried out by the employees of the proposed manager before the Measures for Private Placement came into effect can be carried out as usual without the requirement of submitting or completing the registration of the manager. However, the twelve behaviors listed in Item 4 of Article 1 above should be avoided in fund-raising activities and promotion documents (the existing rules have similar requirements, and the new rules are more detailed and strict), and the information allowed to be publicized is limited to the two situations listed in Item 5 of Article 1 above.
It is necessary to ensure that the fundraising target is a specific qualified investor (even if it is a fundraising activity before the Measures for the Administration of Private Offering Behavior comes into effect, it is best to evaluate the risk identification and tolerance of investors by questionnaire before promotion, and confirm in writing that it meets the qualifications of qualified investors, especially for individuals or investment entities composed of individuals rather than general institutional investors), and the fundraising method will not involve any public fundraising or behavior targeting unspecified objects.
3- fundraising tips: after July 16, 20 15.
1. If the manager intends to raise funds by himself, he shall complete the registration of private fund managers in the fund industry association before raising funds, otherwise he shall not engage in private fund raising activities; If the administrator entrusts other institutions to raise funds, these institutions must:
Registered with the China Securities Regulatory Commission to obtain the qualification of fund sales business, and
He has become a member of China Fund Industry Association.
2. Personnel engaged in private fund raising business shall have the qualification of fund practice (including the qualification of original fund sales).
According to the regulations of fund industry association, private fund managers must have more than 2 senior managers, and
Senior management personnel (including legal representative, managing partner (designated representative), general manager, deputy general manager, compliance/risk controller, etc.). ) and the fund manager of the private equity fund manager engage in the private equity investment fund business, and shall obtain the qualification of fund practice.
All kinds of private fund managers engaged in non-private securities investment fund business shall have at least two senior executives who have obtained the qualification of fund practice, and their legal representatives \ executive partners (appointed representatives) and compliance \ risk control leaders have obtained the qualification of fund practice.
On this basis, the Measures for the Behavior of Private Offering requires that the personnel engaged in private fund raising business should have the qualification of fund practice.
3. Fund-raising activities should follow a specific process, and the necessary stages and documents are shown in Annex I (Flowchart of Fund-raising Activities).
4. The promotion activities of private equity funds shall not have the following twelve behaviors:
(1) Public promotion or disguised public promotion;
(two) false records, misleading statements or major omissions in the recommended materials;
(3) Promise investors that their funds will not be lost in any way, or promise investors a minimum income in any way, including publicizing "expected income", "expected income" and "predicting investment performance";
(4) exaggerating or unilaterally promoting the fund, and illegally using words such as "safety", "guarantee", "commitment", "insurance", "hedging", "capital preservation", "high yield" and "risk-free" which may mislead investors to make risk judgments;
(5) Use phrases such as "want to buy as soon as possible" and "purchase opportunity" to unilaterally emphasize the time limit of centralized marketing;
(6) Publicizing or unilaterally extracting the past overall performance or past fund product performance of less than 6 months;
(7) Publishing words of congratulations, praise or recommendation from individuals, legal persons or other organizations;
(8) Use data sources and methods that are not comparable, fair, accurate and authoritative to compare performance, and arbitrarily use related terms such as "best performance" and "largest scale";
(9) maliciously belittle peers;
(10) Allow non-employees to introduce private equity funds;
(1 1) Recommend private equity funds not established or raised by this institution;
(12) Other acts prohibited by laws, administrative regulations, China Securities Regulatory Commission and China Fund Association.
5. Fundraising institutions can only disclose the following two types of information through legal channels:
(1) Information on the brand, development strategy, investment strategy, management team and senior managers of private equity fund managers; and
(2) Basic information of registered private equity funds publicized by the fund industry association.