First, the scope of application of the measures for raising funds
The Measures for the Administration of Raised Funds shall apply to the act of raising funds from investors in a non-public way. Private fund managers registered with the China Foundation can raise private funds they manage; Institutions and their employees who are registered with the China Securities Regulatory Commission and have obtained the qualification of fund sales business and become members of the China Fund Industry Association may accept the entrustment of private fund managers to raise private funds; Fund outsourcing service institutions participating in private fund raising business shall apply the raising method.
Two. General provisions on issuance
1. Responsibilities of the fundraising institution: If it undertakes responsibilities related to the determination of specific targets, investor suitability review, promotion of private equity funds, confirmation of qualified investors, etc., it shall not engage in illegal acts such as misappropriating fund property, clients' funds or trading with undisclosed information related to private equity funds.
2. Special provisions on consignment sale: Private equity fund managers shall fulfill the obligations of trustees and assume the fiduciary responsibilities of fund contracts, articles of association or partnership agreements. Where a fund sales agency is entrusted to raise private equity funds, the private equity fund manager shall not be exempted from the responsibilities that should be borne by the law because of the entrusted raising.
3. Fund sales agreement: If a private equity fund manager entrusts a fund sales organization to raise private equity funds, it shall sign a fund sales agreement in written form, and take the division of rights and obligations between the private equity fund manager and the fund sales organization and other parts involving the interests of investors as an annex to the fund contract. The fund sales organization is responsible for explaining the relevant contents to investors.
4. Illegal split and transfer are prohibited: no institution or individual may raise financial products with private equity fund shares or their income rights as investment targets in order to avoid the standard of qualified investors, or illegally split and transfer private equity fund shares or their income rights, thus breaking the standard of qualified investors in disguise. A fundraising institution shall ensure that investors know the conditions for the transfer of private equity funds. Investors shall make a written commitment to buy private equity funds for themselves, and no institution or individual may buy private equity funds for the purpose of illegal split and transfer.
5. Opening a special account for raising and settlement funds and supervision: the raising institution or the responsible party stipulated in the relevant contract shall open a special account for raising and settlement funds of private equity funds, which shall be used to uniformly collect the funds raised and settlement of private equity funds, distribute the income to investors, pay the redemption money, and distribute the remaining fund property after fund liquidation to ensure the return of funds.
In addition, the fundraising institution shall keep the business secrets and personal information of investors strictly confidential. The retention period of investor information shall be no less than 10 year from the date of termination of fund liquidation.
Third, the fundraising method clearly stipulates the fundraising procedures.
Determination of specific objects; Investor suitability matching; Fund risk disclosure; Confirmation of qualified investors; Investment cooling-off period; Return visit to confirm.
Fourth, the determination of specific objects.
The Measures for Raising Funds stipulates that before introducing private equity funds to investors, fundraising institutions should evaluate investors' risk identification ability and risk-taking ability by means of questionnaires, and investors will make a written commitment to meet the standards of qualified investors.
Verb (abbreviation of verb) is the main content of the questionnaire.
1. Basic information of investors, in which the basic information of individual investors includes identity information, age, education, occupation, contact information and other information; The basic information of institutional investors includes the necessary information and contact information for industrial and commercial registration;
2. Financial status, in which the financial status of individual investors includes information such as financial assets, personal average annual income in the last three years, and the proportion of income that can be used for financial investment; The financial status of institutional investors includes information such as net assets;
3 investment knowledge, including financial laws and regulations, investment market and products, understanding the risks of private equity funds, participating in professional training and other information;
4. Investment experience, including investment period, actual investment product type, number of financial products invested, financial market involved in investment, etc. ;
5. Risk preference, including investment purpose, risk aversion, planned investment period, anxiety state when investment fluctuates, etc.
The intransitive verb "Measures" also emphasizes that obtaining relevant information of investors should be based on investors' wishes. There are also regulations on the way to raise funds through the Internet media, and everyone has been puzzled: there should be an online specific object determination procedure, and investors should promise to meet the standards of qualified investors. The aforementioned online specific object determination program includes but is not limited to:
1 Investors shall truthfully fill in their real identity information and contact information;
2. The fundraising institution shall verify the user's registration information by effective means such as verification code;
3. Investors read and agree to the network service agreement of the fundraising institution;
4. Investors read and take the initiative to confirm that they are in compliance with the provisions of Chapter III of the Private Placement Measures on qualified investors;
5. Investors fill in the questionnaire survey of risk identification ability and risk tolerance online;
6. According to the questionnaire survey and its evaluation method, the fundraising institution confirms the risk identification ability and risk-taking ability of investors online.