Fund holders form the fund holders' meeting, which is the highest authority of corporate funds and contractual funds. For corporate funds, the fund holders' meeting is equivalent to the fund's shareholders' meeting, so we can refer to the Company Law to stipulate the provisions related to the fund holders' meeting in the articles of association of the fund company, and for contractual funds, it should be explained in the fund contract. The meeting of fund holders shall be convened by the fund manager. If the fund manager fails to convene or cannot convene as required, it shall be convened by the fund custodian or the holder representing more than 65,438+00% of the fund shares.
A fund holder refers to a person who joins the legal relationship of the fund by purchasing fund shares and enjoys rights and assumes obligations in accordance with the provisions of the law and the agreement of the fund contract. This paper holds that investment fund is a subject with legal personality, and it is a group composed of fund managers, fund custodians and unit holders by means of fund contracts. Fund contract is the source of rights and obligations of fund holders.
From a historical point of view, investment funds are the product of the combination of companies and trusts, and the legal status of fund holders is also between company shareholders and traditional private beneficiaries. From a commercial point of view, the company is a tool for shareholders to take risks. Shareholders invest in commercial companies in the hope of making profits through the operation of the company, and the purpose of trust is mainly to keep the trust property. From the perspective of power allocation, the shareholders of the company have the residual claim and residual control right because they bear greater risks. The general meeting of shareholders is usually regarded as the highest authority of the company, which has the final decision on major issues of the company, although its daily management power is often entrusted to the board of directors.