Fund managers should abide by prudent operation rules, formulate scientific and reasonable investment strategies and risk management systems, and effectively prevent and control risks when using fund property for securities investment. Article 4 The China Securities Regulatory Commission and its dispatched offices shall supervise and manage the fund operation activities in accordance with laws, administrative regulations, these Measures and the principle of prudent supervision.
China Securities Regulatory Commission's registration and examination of fund raising is based on complete requirements and content compliance, with full disclosure of information and investors' appropriateness as the core, and with the goal of strengthening the protection of investors' interests and preventing systemic risks. China Securities Regulatory Commission does not make substantive judgments or guarantees on the investment value and market prospects of funds. Investors should carefully read the fund prospectus, fund contracts and other information disclosure documents, independently judge the investment value of the fund, make investment decisions independently, and bear investment risks on their own. Article 5 Securities investment fund trade associations (hereinafter referred to as fund trade associations) shall conduct self-discipline management of fund operation activities in accordance with laws, administrative regulations, provisions of the China Securities Regulatory Commission and self-discipline rules. Chapter II Fund Raising Article 6 To apply for fund raising, the proposed fund manager and fund custodian shall meet the following conditions:
(1) The proposed fund manager is a legally established fund management company or other institutions approved by the China Securities Regulatory Commission, and the proposed fund custodian is a commercial bank with fund custody qualification or other financial institutions approved by the China Securities Regulatory Commission;
(2) Having fund managers and other business personnel who meet the requirements of the China Securities Regulatory Commission and are suitable for managing and hosting the funds to be raised;
(3) It has not been subjected to administrative punishment or criminal punishment for major violations of laws and regulations or major acts of dishonesty in the last year;
(4) It is not being investigated by the regulatory authorities or the judicial organs due to illegal acts or dishonesty, or it is being rectified;
(5) There are no false records, misleading statements or major omissions in the application materials for registered capital submitted to the China Securities Regulatory Commission in the latest year;
(6) There are no major changes that have or may adversely affect the operation of the fund, or other major events such as litigation and arbitration;
(7) There are no major operational risks such as imperfect governance structure, chaotic operation and management, ineffective implementation of internal control and risk management system, and deterioration of financial status;
(eight) other conditions stipulated by the China Securities Regulatory Commission in accordance with the principle of prudent supervision. Article 7 To apply for raising funds, the funds to be raised shall meet the following conditions:
(1) Having a clear and lawful investment direction;
(2) Having a clear fund operation mode;
(3) Conforming to the provisions of the China Securities Regulatory Commission on the types of funds.
(4) The draft legal documents such as the fund contract and prospectus comply with laws, administrative regulations and the provisions of the China Securities Regulatory Commission;
(5) The name of the fund indicates the types and investment characteristics of the fund, and there is no content that harms the interests of the state or society, deceives or misleads investors, or infringes upon the legitimate rights and interests of others;
(6) The prospectus truly, accurately and completely discloses the important information that investors need to make investment decisions, and there are no false records, misleading statements or major omissions. The language is concise, easy to understand and practical, which is in line with investors' understanding ability.
(7) Having an investor suitability management system that conforms to the characteristics of the fund, clear methods for investor positioning, identification and evaluation, and clear risk warning contents;
(eight) the fund's investment management, sales, registration, valuation and other business links are sound, the behavior is standardized, and the technical system is fully prepared. There is no situation that affects the normal operation of the fund, damages or may damage the legitimate rights and interests of fund share holders, and may cause systemic risks;
(9) Other conditions stipulated by the China Securities Regulatory Commission. Article 8 When applying for offering, a fund manager shall submit application materials in accordance with the Securities Investment Fund Law and the provisions of the China Securities Regulatory Commission. Fund managers, fund custodians and relevant intermediaries shall bear corresponding legal responsibilities for the authenticity, accuracy and completeness of the application materials from the time when the administrative organ accepts the application materials.
Intermediaries that issue legal opinions and other documents for fund application materials shall be diligent and conscientious, and check and verify the authenticity, accuracy and completeness of the documents and materials on which they are based.
After the application materials are accepted, the relevant contents shall not be changed at will. During the application period, if the matters involved in the application materials change significantly, the fund manager shall submit the updated materials to the China Securities Regulatory Commission within five working days from the date of change.