1. registered capital: the law does not clearly stipulate the special requirements of the company as a private fund manager for registered capital. However, according to the conditions for the establishment of private equity companies stipulated in the Notice on the Work Arrangements for Private Equity Fund Managers' Recent Membership, the minimum paid-in capital needs to reach100000. Therefore, lawyers suggest that the minimum registered capital and paid-in capital should not be less than100000 to set up a private equity fund company.
2. Name and business scope: According to the lawyers required by the Association to check the contents of private fund managers, it is necessary to check whether the company name and business scope contain words closely related to the business attributes of private fund managers, such as "fund management", "investment management", "asset management", "equity investment" and "venture capital"; And whether the name of the private fund manager contains the word "private placement". Therefore, at the beginning of the establishment of the company, the private fund manager should include the above words closely related to the private fund manager's business in its name and business scope. At the same time, the business scope of private fund managers should conform to the principle of professional operation stipulated in Article 22 of the Interim Measures for the Supervision and Administration of Private Investment Funds, and the company's main business is private fund management business; In the industrial and commercial scope or actual business, the company does not engage in any business that may conflict with the private investment fund business, any business that conflicts with the buyer's business of "investment management", or any other non-financial business. When setting up a private fund manager, the determination of business scope should strictly abide by the principle of specialization. Otherwise, private equity fund companies need to carry out rectification and registration of industrial and commercial changes.
3. Place of registration: The place of registration should generally be consistent with the business premises. If the registered place is lease, a lease contract shall be provided. The business premises are inconsistent with the registered place. When applying for membership, the association will require the applicant to fully explain the reasons, and the legal opinions should also fully disclose this inconsistency. And apply to the association for membership. According to the association's requirements for new applicants, lawyers suggest setting up private equity companies according to the association's requirements.
4. Registered personnel: the senior managers of private fund managers should have the qualifications for fund practice, so the post setting of senior managers of private fund managers should meet the requirements of China Fund Industry Association. Senior management personnel include: legal representative, representative appointed by the managing partner, general manager, deputy general manager (if any) and person in charge of compliance/risk control. The senior managers of all kinds of private fund managers engaged in private securities investment fund business shall obtain the qualification of fund practice. All kinds of private fund managers engaged in non-private securities investment fund business, at least two senior executives should obtain the qualification of fund practice, of which the legal representative and the person in charge of risk control must obtain the qualification. Private fund managers should consider whether the legal representative and other senior managers have the qualifications for fund practice when establishing industrial and commercial registration in the company. If not, it is suggested not to register him as the legal representative and other senior management personnel of the company for the time being.
At the same time, executives should have no criminal record and have not been disciplined by industry associations; There is no negative information in the capital market credit database; Not included in the list of people who have lost their trust; Credit There is no bad credit record on China website. Private fund managers should check whether the person meets the above conditions before being listed as a company executive when registering in industrial and commercial registration.
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