2. If the filing materials of private equity funds are complete, the association shall publicize the basic information of private equity funds through the website within 20 working days from the date of receiving all the filing materials, and complete the filing procedures of private equity funds.
Private equity fund filing process:
1, approved by the industrial and commercial bureau.
2. The bank opens a temporary deposit settlement account for capital contribution, and reports to the accounting firm for capital verification.
3. Apply for a business license at the Industrial and Commercial Bureau.
4. Apply to the Bureau of Quality and Technical Supervision for the organization code certificate.
5. Then the tax bureau handles the tax registration certificate.
6. Finally, open a basic deposit account in the bank.
Two. Main provisions of the Measures for the Administration of Registration and Filing of Private Equity Funds
The Measures stipulate the requirements for the registration of private investment 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.
Legal basis:
Article 7 of the Interim Measures for the Supervision and Administration of Private Investment Funds stipulates that all kinds of private fund managers shall apply to the fund industry association for registration in accordance with the provisions of the fund industry association, and submit the following basic materials: (1) the original and photocopy of the industrial and commercial registration and business license;
(2) Articles of association or partnership agreement;
(3) List of major shareholders or partners;
(4) Basic information of senior managers;
(5) Other information stipulated by the fund industry association.
The fund industry association shall publish the list of private fund managers and their basic information through the website within 20 working days after the registration materials of private fund managers are complete, and complete the registration procedures of private fund managers.
Article 8 of the Interim Measures for the Supervision and Administration of Private Equity Funds stipulates that after all kinds of private equity funds are raised, private equity fund managers shall go through the fund filing procedures in accordance with the provisions of fund industry associations and submit the following basic information:
(a) the main investment direction and the types of funds indicated according to the main investment direction;
(2) Fund contract, articles of association or partnership agreement. In the process of fund raising, if a fund prospectus is provided to investors, it shall be submitted. Private equity funds established in the form of companies, partnerships and other enterprises shall also submit the original and photocopy of industrial and commercial registration and business license;
(3) If entrusted management is adopted, an entrusted management agreement shall be submitted. Where a trust institution is entrusted to trust the fund property, a trust agreement shall also be submitted;
(4) Other information stipulated by the fund industry association.
The fund industry association shall, within 20 working days after the filing materials of private equity funds are complete, publish the list of private equity funds and their basic information through the website and complete the filing procedures of private equity funds.