Article 29 The China Securities Regulatory Commission may conduct off-site inspection and on-site inspection on the corporate governance, internal control, operating status, risk status and related business activities of subsidiaries.
Article 30 If a subsidiary changes the following major matters, it shall report to the China Securities Regulatory Commission and the dispatched office of the China Securities Regulatory Commission where the fund management company is located in advance:
(1) The fund management company transfers the equity of its subsidiaries;
(2) Changing the shareholders who hold more than 25% of the shares;
(3) Changing the business scope;
(4) merger, division or dissolution of the company.
(5) Other important matters stipulated by the China Securities Regulatory Commission.
Article 31 Under any of the following circumstances, the subsidiary shall report to the China Securities Regulatory Commission and the dispatched office of the China Securities Regulatory Commission where the fund management company is located within 5 days from the date of occurrence:
(1) Change of name and domicile;
(2) Changing the shareholders holding less than 25% of the shares;
(3) Changing the registered capital or the proportion of shareholders' contribution;
(4) Changing directors, supervisors, senior managers and investment managers;
(5) Amending the Articles of Association.
(six) foreign investment with inherent funds;
(seven) the occurrence of major related transactions;
(8) Significant adverse changes have taken place in the company's financial position;
(9) The company is involved in major litigation or is severely punished;
(10) Other matters that have a significant impact on the company's operation.
Article 32 The annual report, internal control evaluation report, quarterly regulatory audit report, annual regulatory audit report, financial statements and other materials submitted by a fund management company to the China Securities Regulatory Commission and the dispatched office of the China Securities Regulatory Commission where the fund management company is located shall include relevant information of its subsidiaries, and when necessary, materials reflecting the governance structure, internal control, business operation and financial status of its subsidiaries shall be submitted separately.
Article 33 In case of any major event that affects or may affect the operation and management, financial status, risk control or customer asset safety of the fund management company, the fund management company shall immediately submit an interim report to the China Securities Regulatory Commission and the dispatched office of the China Securities Regulatory Commission where the fund management company is located.
Article 34 In case of any of the following circumstances in violation of these Provisions, the China Securities Regulatory Commission shall order it to make corrections, and may take administrative supervision measures such as supervision talks, issuing warning letters, suspending the performance of duties, and determining personnel who are not suitable for relevant positions:
(1) The application materials for establishment contain false records or major omissions;
(2) Entrusting others or accepting others' entrustment to hold shares in subsidiaries;
(3) A subsidiary violates the requirements of Article 13 of these Provisions, engages in businesses with conflicts of interest, and conducts related transactions that harm the interests of fund share holders or are obviously unfair;
(4) The subsidiary fails to report relevant matters in time in accordance with the requirements of Articles 30 and 31 of these Provisions.
(5) The subsidiaries engage in activities that harm the interests of fund share holders, other customers and fund management companies;
(6) Other acts of subsidiaries that violate due diligence obligations or evade supervision.
Article 35 If a subsidiary company and its employees violate laws, administrative regulations and the provisions of the China Securities Regulatory Commission and should be subject to administrative punishment according to law, they shall be given administrative punishment in accordance with relevant regulations; Anyone suspected of committing a crime shall be transferred to judicial organs according to law and investigated for criminal responsibility.
Article 36 If a subsidiary company operates in violation of regulations or has significant risks, which seriously endangers the market order and damages the interests of fund share holders and other customers, the China Securities Regulatory Commission may take administrative supervision measures such as suspending the business of the subsidiary company or ordering the fund management company to clean up and cancel the subsidiary company.
Article 37 Under any of the following circumstances, the China Securities Regulatory Commission shall order the fund management company to make rectification within a time limit, suspend the acceptance and review of the company's fund product offering application or other business application during the rectification period, and may take administrative supervision measures such as supervision talks, issuing warning letters, suspending the performance of duties, and determining directors, supervisors, senior managers and directly responsible personnel:
(a) the establishment of a subsidiary without the approval of the China Securities Regulatory Commission;
(2) Disposing of the equity of a subsidiary without reporting to the China Securities Regulatory Commission in advance;
(3) Violating the requirements of Article 13 of these Provisions, engaging in businesses with conflicts of interest, and conducting related transactions that harm the interests of fund share holders or are obviously unfair;
(4) Failing to disclose related party transactions in accordance with the requirements of Article 20 of these Provisions.
(five) in violation of the provisions of article twenty-first;
(6) Failing to disclose and report the situation of its directors, supervisors, senior managers and other employees' shareholding, holding positions or receiving remuneration in subsidiaries in accordance with the provisions of Article 22 of these Provisions;
(7) Failing to submit relevant materials in accordance with the requirements of Articles 32 and 33 of these Provisions, or submitting materials with false records or major omissions;
(8) The subsidiary has any violation listed in Articles 34, 35 and 36 of these Provisions.
(9) Other factors lead to non-compliance in the management and operation of subsidiaries or the existence of greater risks.
Article 38 These Provisions shall apply to fund management companies holding subsidiaries by means of transfer or subscription of equity.
Where a fund management company establishes a subsidiary overseas, it shall be implemented in accordance with relevant regulations.
Article 39 These Provisions shall come into force as of 20 12 1 1+0.