A fund contract is a basic legal document that stipulates the rights and obligations between the parties to the fund (fund manager, fund custodian and investor). All other fund-related documents or expressions involving the rights and obligations between the parties to the Fund Contract shall be subject to the Fund Contract.
Second, the specific analysis
The fund contract stipulates the status and responsibilities of all parties to the fund.
The fund manager has the right to manage the fund property; The fund custodian has the right to keep the fund property; Investors, on the other hand, have the right to expect annualized expected returns from fund operation and bear investment risks.
Therefore, the fund contract is actually a kind of entrusted financial management agreement.
In addition, the fund contract shall stipulate and explain the relevant parties and their rights and obligations, the fund share holders' meeting, the replacement conditions and procedures of fund managers and fund custodians, fund custody, fund share registration and other matters.
Three. What does the fund contract include?
What are the important contents in the fund contract? The main contents of the fund contract include: the rights and obligations of the fund holder, fund manager and fund custodian; Issuance, purchase, redemption and transfer of funds; Investment objectives, scope, policies and restrictions of the fund; Fund asset valuation; Information disclosure of funds; Fund expenses, expected annualized expected income distribution and taxes; Fund termination and liquidation, etc.
In addition, the fund contract lists the basic information of the fund, including the fund name, fund category, fund operation mode, fund investment target, total fund share of closed-end fund, contract term or minimum raised share of open-end fund, face value of fund share and subscription fee, and other contents that need to be listed.
At the same time, the time, method, target, subscription and holding limit of the fund share should also be listed.
The fund contract of an open-end fund shall specify the purchase and redemption of fund shares after the fund contract comes into effect, including the place, opening day and time, procedure, amount, price, cost and purpose of purchase and redemption.
Different from the general "entrusted financial management agreement", fund contracts do not require investors to sign contracts with fund managers and fund custodians. On the basis of investors' full understanding of the contents of the fund contract, investors' subscription to this fund indicates their acquiescence to the contract and are willing to entrust the fund manager to "take you to manage your finances".