Article 61 Where a fund management company or its shareholders apply for approval of relevant matters, conceal relevant information or provide false materials, the China Securities Regulatory Commission will not accept it; Those that have been accepted shall not be approved.
Article 62 The China Securities Regulatory Commission shall, in accordance with laws, administrative regulations, the provisions of the China Securities Regulatory Commission and the principle of prudential supervision, conduct off-site inspection and on-site inspection on the corporate governance, internal control, operating status, risk status and related business activities of fund management companies.
Article 63 Off-site inspection is mainly conducted by reviewing the materials submitted by fund management companies.
The fund management company shall submit the following materials to the China Securities Regulatory Commission and the local dispatched office of the China Securities Regulatory Commission:
(a) the annual report of the fund management company audited by an accounting firm with securities-related business qualifications;
(2) An annual evaluation report on the internal control of the fund management company issued by an accounting firm with securities-related business qualifications;
(3) quarterly report and annual supervision and audit report;
(four) other materials required by the China Securities Regulatory Commission in accordance with the principle of prudent supervision.
Article 64 A fund management company shall submit an annual report and an annual evaluation report within 3 months from the end of the year; Submit quarterly supervision and audit report within 0/5 days after the end of the quarter and annual supervision and audit report within 30 days after the end of the year.
Article 65 Under any of the following circumstances, the fund management company shall report to the China Securities Regulatory Commission and the local dispatched office of the China Securities Regulatory Commission within 5 days:
(1) Changing the shareholders holding less than 5% of the shares;
(2) Changing the shareholding ratio of shareholders to no more than 5%;
(3) Change of name and domicile;
(4) Shareholders increase or decrease the registered capital in the same proportion;
(5) Amending the general provisions of the Articles of Association;
(6) The Company, its directors, senior managers and fund managers are subject to criminal and administrative penalties;
(7) The company, its directors, senior managers and fund managers are placed on file for investigation by the regulatory authorities or judicial organs;
(8) Significant adverse changes have taken place in the company's financial position;
(9) Major complaints due to the company's negligence;
(10) facing a major lawsuit;
(eleven) other matters that have a significant impact on the company's operation.
The fund management company shall notify all shareholders in writing when the matters listed in Items (6) to (11) of the preceding paragraph occur.
The fund management company shall immediately report to the China Securities Regulatory Commission and its dispatched offices in case of emergency as stipulated in Article 58 of these Measures.
Article 66 Under any of the following circumstances, the shareholders of a fund management company shall notify the company in writing and report to the China Securities Regulatory Commission and the dispatched offices of the China Securities Regulatory Commission where the company is located within 5 days:
(1) Change of name and domicile;
(2) The controlling shareholder or actual controller changes;
(3) The major shareholders have suffered losses for three consecutive years;
(four) the equity held by the judicial organs to take measures such as litigation preservation;
(5) Deciding to dispose of its equity.
(six) merger, division or major asset and debt restructuring;
(seven) by the regulatory agencies or judicial organs for investigation;
(8) Being ordered to suspend business for rectification, designate custody, be taken over, be revoked or enter bankruptcy liquidation procedures;
(9) Other matters that have a significant impact on the company's operation.
Article 67 If an overseas shareholder of a Sino-foreign joint venture fund management company has requirements for filing overseas investment with the competent authority in the place where it is registered or where its main business activities are located, and the overseas shareholder submits relevant filing materials to the competent authority in the place where it is registered or where its main business activities are located according to law, it shall also send a copy to the China Securities Regulatory Commission.
Article 68 The China Securities Regulatory Commission may take the following measures to conduct on-site inspections of fund management companies, and determine the object, content and frequency of on-site inspections according to daily supervision:
(a) to enter the fund management company and its subsidiaries and branches for inspection;
(2) Requiring the fund management company to provide documents, meeting minutes, statements, vouchers and other materials related to the inspection items;
(three) require the staff of the fund management company to explain the relevant inspection matters;
(four) to consult and copy the documents and materials related to the inspection of the fund management company, and to seal up the documents and materials that may be transferred, hidden or damaged;
(five) check the information technology system of the fund management company;
(6) Other measures stipulated by the China Securities Regulatory Commission.
Article 69 When the China Securities Regulatory Commission conducts an on-site inspection of a fund management company, there shall be no less than two inspectors, and they shall show their legal certificates; The fund management company has the right to refuse the inspection if the number of inspectors is less than 2 or the legal certificates cannot be produced.
China Securities Regulatory Commission may employ certified public accountants, lawyers and other professionals to provide professional services for inspection.
Article 70 A fund management company and relevant personnel shall cooperate with the inspection by the China Securities Regulatory Commission, and shall not refuse or delay the provision of relevant information or provide untrue, inaccurate or incomplete information for any reason.
Seventy-first China Securities Regulatory Commission shall, after conducting on-site inspection of fund management companies, issue inspection conclusions to the inspected fund management companies.
Article 72 The China Securities Regulatory Commission may, according to the regulatory needs, establish a risk control index monitoring system and a comprehensive regulatory evaluation system for fund management companies. If the relevant risk control indicators and comprehensive supervision evaluation indicators do not meet the requirements, the China Securities Regulatory Commission may order the company to make corrections within a time limit, and may take administrative supervision measures such as requiring the company to increase its registered capital, increase the risk reserve ratio, and suspend part or all of its business.
Article 73 In case of any of the following circumstances in violation of the provisions of these Measures, the China Securities Regulatory Commission shall order it to make corrections, give a warning and impose a fine of less than 30,000 yuan, give a warning to the directly responsible person in charge and other directly responsible personnel, revoke the post-holding qualification or fund qualification and impose a fine of less than 30,000 yuan:
(1) Holding more than 5% equity of a fund management company without approval, or providing false application materials to become a shareholder of the fund management company;
(2) Entrusting others or accepting others' entrustment to hold the equity of the fund management company;
(3) The shareholders of the fund management company and their actual controllers occupy or transfer the assets of the fund management company;
(4) The shareholders of the fund management company and their actual controllers force, instigate or accept the cooperation of the fund management company in securities underwriting, securities investment and other business activities, which damages the legitimate rights and interests of fund share holders and other parties.
Seventy-fourth in violation of the provisions of these measures, under any of the following circumstances, the China Securities Regulatory Commission shall order it to make corrections, and may take administrative supervision measures such as supervision talks, issuing warning letters, and suspending the performance of duties. For responsible shareholders, actual controllers, directors, supervisors, senior managers and persons directly responsible:
(1) The shareholders and actual controllers of the fund management company appoint and remove the directors, supervisors and senior managers of the fund management company outside the shareholders' (general) meeting and the board of directors;
(2) The shareholders and actual controllers of the fund management company directly interfere with the operation and management of the fund management company or the investment operation of the fund property outside the shareholders' (general) meeting and the board of directors;
(3) The fund management company, its shareholders and actual controllers fail to fulfill their reporting obligations in time;
(4) The assessment of managers by the board of directors of the fund management company does not meet the requirements.
Article 75 In any of the following circumstances, the China Securities Regulatory Commission shall order a fund management company to make rectification within a time limit. During the period of rectification, the acceptance and review of applications for fund product offering or other business applications can be suspended, and administrative supervision measures such as supervision talks, issuing warning letters and suspending the performance of duties can be taken for directors, supervisors, senior managers and directly responsible personnel:
(a) corporate governance is not perfect, which seriously affects the independence, integrity and unity of the company;
(2) The internal control system of the company is not perfect, the relevant systems cannot be effectively implemented, and there are major risks or major risk events;
(three) the management of subsidiaries and branches is not strict, or the selected fund service institutions do not have basic qualifications, and there are major risks or major risk events;
(four) the occurrence of major illegal acts.
If the fund management company fails to complete the rectification within the time limit, the China Securities Regulatory Commission may stop approving the establishment of subsidiaries or branches; Restrict the distribution of dividends and the payment of remuneration and benefits to responsible directors, supervisors and senior managers; Ordering the replacement of directors, supervisors and senior managers who are responsible or restricting their rights. If the circumstances are particularly serious, the China Securities Regulatory Commission may take regulatory measures such as appointing other institutions to take custody, take over or cancel, give a warning to the responsible directors, supervisors, senior managers and persons directly responsible, and impose a fine of less than 30,000 yuan.
Article 76 If the net assets of a fund management company are less than 40 million yuan, or the available liquid assets such as cash, bank deposits and government bonds are less than 20 million yuan, which is lower than the company's operating expenses in the previous fiscal year, the China Securities Regulatory Commission may suspend the acceptance and examination of its fund product offering application or other business application, and require it to improve its liquidity within a time limit. If the financial situation continues to deteriorate, the China Securities Regulatory Commission shall order it to suspend business for rectification.
If it is ordered to suspend business for rectification, the fund management company shall entrust the fund assets it manages to the fund management company recognized by the China Securities Regulatory Commission for management within the prescribed time limit. If it fails to entrust management as required within the time limit, the China Securities Regulatory Commission may designate other institutions to manage its fund management business.
Article 77 If a fund service institution, in violation of the provisions of these Measures, leaks or makes use of the non-public information known by the entrusted business for profit, thus damaging the legitimate rights and interests of the fund share holders, it shall be ordered to make corrections, given a warning and fined not more than 30,000 yuan. Give a warning to the directly responsible person in charge and other directly responsible personnel, and impose a fine of less than 30,000 yuan.
Article 78 If a fund management company, its shareholders and actual controllers, fund service institutions, directly responsible personnel in charge and other directly responsible personnel violate these Measures and other relevant provisions and should be given administrative punishment according to law, they shall be given administrative punishment in accordance with relevant provisions; Anyone suspected of committing a crime shall be transferred to judicial organs according to law and investigated for criminal responsibility.