Why should private equity funds be filed? What are the rules?
1. Measures for the Administration of Registration and Filing of Private Equity Funds: The Measures stipulate the requirements for the registration of private equity fund managers, fund filing, employee management, information submission and self-discipline management. 1. On the registration of private equity fund managers: The Measures require private equity fund managers to go through the registration formalities with the fund industry association and apply for membership of the fund industry association. Private fund managers are required to submit a written undertaking for registration and filing at the same time as electronic filing. Except in the case of suspension of registration, if the registration application materials are complete, the fund industry association will complete the registration for the private fund manager by publicizing the basic information of the private fund manager through the website within 20 working days from the date of receiving all the registration materials. 2. Regarding the filing of private equity funds: The Measures require private equity fund managers to file funds through the private equity fund registration and filing system within 20 working days after the completion of private equity fund raising, and indicate the fund category according to the main investment direction of private equity funds, and truthfully fill in the basic information. The fund industry association shall publicize the information of private equity funds for the record. Registered private equity funds can apply for opening securities-related accounts. 3. In the management of employees of private equity funds: managers of private equity funds shall submit the basic information of senior executives and other employees to fund industry associations in accordance with regulations. Professionals engaged in private equity fund business can not only obtain qualifications through the fund qualification examination organized by the fund industry association, but also be recognized as qualified for private equity fund business if they have engaged in investment management-related business in the last three years. For senior managers, the Measures require honesty and trustworthiness, and there is no record of major dishonesty in the last three years. The China Securities Regulatory Commission has not taken measures to ban them from entering the market. Combined with the qualification accreditation system, the Measures stipulate the requirements for practitioners' practice training. 4. In terms of information reporting: The Measures require private equity fund managers to report the operation of private equity funds regularly and irregularly. According to the characteristics of different types of private equity funds, different requirements are put forward for regular information submission: for private equity funds, monthly submission is required; For private equity investment funds, it should be submitted quarterly. Considering the need to continuously track the supporting effect of national fiscal and taxation policies, the relevant venture capital fund managers are required to submit reports on the fund's investment in small and medium-sized enterprises and social and economic contributions. In order to strengthen the statistical analysis of the industry, the information content submitted by private fund managers every year is stipulated. Private equity fund managers and private equity funds shall report to the fund industry association in a timely manner when major issues stipulated in the Measures occur. 5. Self-discipline management of private equity industry: The Measures established a self-discipline mechanism of private equity industry, and clarified that fund industry associations can conduct off-site and on-site inspections of private equity managers and their employees, establish credit files, accept complaints, mediate industry disputes, and safeguard the legitimate rights and interests of private equity investors. Second, what are the characteristics of private equity fund filing 1? After the implementation, register and file, and carry out industry self-discipline management. The self-discipline management of private equity funds takes information disclosure as the core and honesty and trustworthiness as the basis. First, the registration of private equity funds is not an administrative license, and the fund industry association does not conduct substantive pre-examination of the registration materials provided by private equity fund managers. The private equity fund manager promises to bear legal responsibility for the authenticity, accuracy and completeness of the information provided; Second, the fund industry association will publicize the basic information of managers, funds and employees and accept social supervision. If the public finds that fund managers provide false information or violate laws and regulations, they can report complaints to fund industry associations by telephone, fax, mail and letter. The association will take self-discipline measures for providing false information and other acts that violate the anti-self-discipline rules. If the circumstances are serious or suspected of violating the law, it shall be handed over to the CSRC for handling; The third is to establish the credit files of private fund managers and their employees, track and record their credit information, and establish the credit system of private fund industry. 2. Full-caliber registration and electronic submission. The Measures require managers of private equity funds to register with fund industry associations, and private equity funds should go through filing procedures. In order to simplify the process and improve the efficiency of registration and filing, the Association has developed a private equity fund registration and filing system, in which fund managers submit and update private equity fund managers' registration, fund filing and employee information through the Internet. 3. Encourage private equity funds to conduct custody. The Securities Investment Fund Law stipulates that unless otherwise agreed in the fund contract, the non-public offering fund shall be managed by the fund custodian. The association will require the provision of fund custody information in the filing system of private equity funds, and will list whether private equity funds are under custody in the publicity of private equity funds, so as to facilitate investors to identify risks. It can be seen that the purpose of filing private equity funds is to create a good investment environment. As a new industry, private equity fund is not mature enough and needs a strong system to regulate it. As can be seen from its main body, it is mainly aimed at employees, while investors enjoy more rights, thus better protecting investors' rights and interests.