A venture capital enterprise established in the form of a company may entrust other venture capital enterprises and venture capital management consulting enterprises as management consulting institutions to be responsible for their investment management business. The legal relationship between the principal and the agent is governed by the General Principles of the Civil Law of People's Republic of China (PRC), the Contract Law of People's Republic of China (PRC) and other relevant laws and regulations.
Article 2 Applications for the establishment of venture capital enterprises and venture capital management consulting enterprises shall be directly registered with the administrative department for industry and commerce according to law.
Article 3 A venture capital enterprise registered with the State Administration for Industry and Commerce shall apply to the the State Council Administration for Industry and Commerce for filing.
A venture capital enterprise registered in the administrative department for industry and commerce below the provincial level shall apply to the local administrative department for industry and commerce at the provincial level (including sub-provincial cities) for the record.
Article 4 A venture capital enterprise filing with the administrative department shall meet the following conditions:
(a) has been registered in the administrative department for Industry and commerce.
(2) The business scope conforms to the provisions of Article 12 of these Measures.
(3) The paid-in capital is not less than 30 million yuan, or the first paid-in capital is not less than 6.5438+million yuan, and all investors promise to make up the paid-in capital of not less than 30 million yuan within five years after registration.
(4) The number of investors shall not exceed 200. Among them, if a venture capital enterprise is established in the form of a limited liability company, the number of investors shall not exceed 50. The investment of a single investor in a venture capital enterprise shall not be less than RMB 1 10,000 yuan. All investors should contribute in cash.
(five) at least three senior managers with more than 2 years experience in venture capital or related business shall undertake investment management responsibilities. If other venture capital enterprises and venture capital management consulting enterprises are entrusted as management consulting institutions to take charge of their investment management business, the management consulting institutions shall have at least three senior managers with more than 2 years of venture capital or related business experience to undertake investment management responsibilities.
The term "senior managers" as mentioned in the preceding paragraph refers to managers who hold positions of deputy manager or above or equivalent positions.
Article 5 A venture capital enterprise shall submit the following documents when filing with the administrative department:
(a) the articles of association and other legal documents regulating the organizational procedures and behaviors of venture capital enterprises.
(2) Copies of industrial and commercial registration documents and business licenses.
(3) the list of investors, and the proof of the committed capital contribution and the paid-in capital contribution.
(4) The list and resumes of the senior managers.
Where a management consulting institution entrusts investment management business, it shall also submit the following documents:
(a) the articles of association of management consulting institutions and other legal documents regulating their organizational procedures and behaviors.
(two) a copy of the business registration documents and business license of the management consulting institution.
(3) The name list and resumes of the senior managers of the management consulting institution.
(4) Entrusted management agreement.
Article 6 After receiving the filing application of venture capital enterprises, the administrative department shall, within 5 working days, examine whether the filing application documents are complete and decide whether to accept the filing application. After accepting the filing application of venture capital enterprises, it shall, within 20 working days, examine whether the applicant meets the filing conditions and issue a written notice of "filing" or "not filing". For "not filing", the reasons shall be explained in the written notice.