Administrative measures on sales of securities investment fund
(March 15, 2013, the China Securities Regulatory Commission announced as of June 1, 2013, 91st) Chapter I General provisions
First in order to regulate public offering securities investment funds (hereinafter referred to as the Fund) sales activities, promote the healthy development of the securities investment fund market, according to the securities investment fund law, the securities law and other related laws and regulations, these measures are formulated.
Second fund sales in these measures, including sales promotion fund, the Fund for the sale of fund shares, any activity such as subscription and redemption of fund units.
Fund sales institutions mean fund managers as well as by the China Securities Regulatory Commission (hereinafter referred to as the China Securities Regulatory Commission) and its agencies registered with other agencies. Other fund services to their involvement in the sales link these measures shall apply to the Fund.
Other fund services include Fund sales institutions to provide payment and settlement services, Fund sales settlement fund supervision, share registration and fund sales business-related service providers.
Third fund sales institutions engaging in fund sales activities shall abide by the laws and regulations and the provisions of the CSRC and must not harm national interests, public interests and the legitimate rights and interests of the fund investors.
The fourth Fund sales institutions engaging in fund sales activities shall abide by the Fund contract and fund sales agreement, the Parties shall, following the principles of openness, fairness, impartiality, honesty and trustworthiness, diligence, abide by professional ethics and codes of conduct. Article fifth Fund sales settlement fund is a fund investor's trading settlement funds, involving the sale special settlement account opening, funds Fund sales and supervisory agencies shall not be settlement funds into its own assets. No unit or individual is prohibited any form of misappropriation of funds settlement funds.
Related institutions going bankrupt or liquidation, funds settlement funds do not belong to the estate or the liquidation of property.
Fund sales settlement fund is a fund sales institutions, Fund sales payment settlement agency or registration agency, Fund of fund units sales agencies collecting, Fund settlement account and Fund custody account transfers between funds purchase (subscription), redemption, cash dividend funds.
Article sixth of China Securities Regulatory Commission and its agencies in accordance with the laws and regulations and these regulations, supervision and management of Fund sales activities.
The seventh Chinese security investment fund industry association (hereinafter referred to as the Fund Industry Association) according to laws and regulations and self-regulatory rules for disciplined management of Fund sales activities, and qualification for Fund sales.
Fund sales institutions and funds marketing and service organizations can join the Association funds, self-regulation of the industry association.
Chapter II Fund sales institutions Eighth Fund Manager may handle the sales to raise funds.
Commercial banks (including foreign legal-person banks in China, the same below), securities companies and futures companies, insurance companies, securities investment consultation institutions and independent fund sales institutions and recognized by the China Securities Regulatory Commission other institutions engaging in fund sales business should be registered with the business registration agency of the China Securities Regulatory Commission, where to register and obtain the appropriate qualifications.
The Nineth commercial banks, securities companies and futures companies, insurance companies, securities investment advisory institutions, independent fund sales institutions and other institutions to apply for registration of the China Securities Regulatory Commission found that Fund sales business qualifications shall satisfy the following conditions:
(A) has a sound corporate governance, improve internal control and risk management systems and effective implementation;
(B) the financial condition and operation stability;
(C) compatible with the sales operations of the Fund business premises, safety precaution facilities and other facilities;
(D) the safe and efficient handling of funds available for sale, purchase and redemption and other technical facilities of the business, and in accordance with the China Securities Regulatory Commission on relevant requirements of Fund sales business information management platform and technology systems Fund sales business with the Fund Manager, China Securities Depository and Clearing Corporation's technical systems were networked test, test results are consistent with the State standards;
(E) developed a complete settlement process, financial management in line with the China Securities Regulatory Commission on relevant requirements of Fund sales settlement fund management;
(F) evaluation of fund investor risk tolerance and fund risk rating methodology;
(G) developed a complete business process, sales practice and conduct, emergency measures of Fund sales business management system, with the China Securities Regulatory Commission to fund sales internal control requirements;
(H) to comply with legal and regulatory requirements of the anti-money laundering internal control system;
(IX) other conditions stipulated by the CSRC.
Commercial banks ' application for fund distribution business qualifications of the tenth article, in addition to the conditions provided for in this way the Nineth shall also satisfy the following conditions:
(A) has a dedicated Department responsible for sales operations of the Fund;
(B) capital adequacy in line with relevant provisions of the banking regulatory agency of the State Council;
(C) within the last 3 years there has been no major administrative penalties or criminal sanctions;
(Four) company is responsible for Fund sales business of sector made Fund practitioners qualification of personnel not below the sector employees number of 1/2, is responsible for Fund sales business of sector management personnel made Fund practitioners qualification, familiar Fund sales business, and has engaged in fund business 2 years above or in other financial related institutions 5 years above of work experience; company main branch institutions Fund sales business head are has made Fund practitioners qualification;
(E) State-owned commercial banks, joint-stock commercial banks and postal savings Bank Fund qualified persons, such as no less than 30 people city commercial banks, rural commercial banks, foreign bank operating in China obtained professional qualifications for the Fund, such as staff of not less than 20 people.
11th securities company application for fund distribution business qualifications, in addition to the conditions provided for in this way the Nineth shall also satisfy the following conditions:
(A) has a dedicated Department responsible for sales operations of the Fund;
(B) the net capital and financial risk control indicators in line with relevant regulations of the China Securities Regulatory Commission;
(C) the last 3 years no misappropriation of clients ' assets, such as damage to client interests;
(D) no regulators for violations investigations or in rectification period, within the last 3 years there has been no major administrative penalties or criminal sanctions;
(E) not happened has affected or may affect the normal operation of the company's major changes, or other important matters such as litigation and arbitration;
(Six) company is responsible for Fund sales business of sector made Fund practitioners qualification of personnel not below the sector employees number of 1/2, is responsible for Fund sales business of sector management personnel made Fund practitioners qualification, familiar Fund sales business, and has engaged in fund business 2 years above or in other financial related institutions 5 years above of work experience; company main branch institutions Fund sales business head are has made Fund practitioners qualification;
(VII) personnel qualification obtained funds of no less than 30 people.
12th futures company application for fund distribution business qualifications, in addition to the conditions provided for in this way the Nineth shall also satisfy the following conditions:
(A) has a dedicated Department responsible for sales operations of the Fund;
(B) the net capital and financial risk control indicators in line with relevant regulations of the China Securities Regulatory Commission;
(C) the last 3 years no misappropriation of customer deposits and other damage to customer behavior;
(D) no regulators for violations investigations or in rectification period, within the last 3 years there has been no major administrative penalties or criminal sanctions;
(E) not happened has affected or may affect the normal operation of the company's major changes, or other important matters such as litigation and arbitration;
(Six) company is responsible for Fund sales business of sector made Fund practitioners qualification of personnel not below the sector employees number of 1/2, is responsible for Fund sales business of sector management personnel made Fund practitioners qualification, familiar Fund sales business, and has engaged in fund business 2 years above or in other financial related institutions 5 years above of work experience; company main branch institutions Fund sales business head are has made Fund practitioners qualification;
(VII) personnel qualification obtained funds of no less than 20 people.
13th insurance agency refers to the People's Republic of China territory by the China insurance regulatory Commission approved the establishment of insurance companies, insurance brokers and insurance agents.
Insurance application for fund distribution business qualifications, in addition to the conditions provided for in this way the Nineth shall also satisfy the following conditions:
(A) has a dedicated Department responsible for sales operations of the Fund;
(B) not less than 500 million yuan of registered capital;
(C) the solvency ratios in line with relevant regulations of the insurance supervision and Administration Department under the State Council;
(D) no regulators for violations investigations or in rectification period, within the last 3 years there has been no major administrative penalties or criminal sanctions;
(E) not happened has affected or may affect the normal operation of the company's major changes or litigation, arbitration and other matters of importance;
(Six) company is responsible for Fund sales business of sector made Fund practitioners qualification of personnel not below the sector employees number of 1/2, is responsible for Fund sales business of sector management personnel made Fund practitioners qualification, familiar Fund sales business, and has engaged in fund business 2 years above or in other financial related institutions 5 years above of work experience; company main branch institutions Fund sales business head are has made Fund practitioners qualification;
(VII) personnel qualification obtained funds of no less than 30 people.
Insurance brokers and insurance agents application for fund distribution business qualifications, in addition to the conditions provided for in this way the Nineth shall also satisfy the following conditions:
(A) has a dedicated Department responsible for sales operations of the Fund;
(B) not less than 50 million yuan of registered capital and paid-up capital must be;
(C) senior management of the company responsible for the Fund distribution business qualifications for funds has been made, familiar with the sales operations of the Fund, and have engaged in the operations of the Fund for more than 2 years or at other financial institutions for more than 5 years work experience;
(D) no regulators for violations investigations or in rectification period, within the last 3 years there has been no major administrative penalties or criminal sanctions;
(E) not happened has affected or may affect the normal operation of the company's major changes or litigation, arbitration and other matters of importance;
(Six) company is responsible for Fund sales business of sector made Fund practitioners qualification of personnel not below the sector employees number of 1/2, is responsible for Fund sales business of sector management personnel made Fund practitioners qualification, familiar Fund sales business, and has engaged in fund business 2 years above or in other financial related institutions 5 years above of work experience; company main branch institutions Fund sales business head are has made Fund practitioners qualification;
(VII) personnel qualification obtained funds of no less than 10 people.
14th securities investment consultation institutions to apply for fund distribution business qualifications, in addition to the conditions provided for in this way the Nineth shall also satisfy the following conditions:
(A) has a dedicated Department responsible for sales operations of the Fund;
(B) not less than 20 million yuan of registered capital and paid-up capital must be;
(C) senior management of the company responsible for the Fund distribution business qualifications for funds has been made, familiar with the sales operations of the Fund, and have engaged in the operations of the Fund for more than 2 years or at other financial institutions for more than 5 years work experience;
(D) engaged in securities investing consulting business more than 3 full fiscal years;
(E) the last 3 years no investors engaged in securities trading act;
(F) no regulator investigations for violations, or is in a corrective period; in the last 3 years there has been no major administrative penalties or criminal sanctions;
(VII) not happened has affected or may affect the normal operation of the company's major changes, or other important matters such as litigation and arbitration;
(Eight) company is responsible for Fund sales business of sector made Fund practitioners qualification of personnel not below the sector employees number of 1/2, is responsible for Fund sales business of sector management personnel made Fund practitioners qualification, familiar Fund sales business, and has engaged in fund business 2 years above or other financial related institutions 5 years above of work experience; company main branch institutions Fund sales business head are has made Fund practitioners qualification;
(I) personnel qualification obtained funds of no less than 10 people.
15th separate fund sales institutions specializing in fund sales and other financial products, their application for fund distribution business qualifications, in addition to the conditions provided for in this way the Nineth shall also satisfy the following conditions:
(A) shall be a limited liability company, partnership or any other form meet the requirements of the China Securities Regulatory Commission;
(B) meet the required operating range;
(C) funded or not less than 20 million yuan of registered capital and paid-up capital must be;
(D) the limited liability company, or partner of the partnership in accordance with the regulations;
(E) not have affected, or may affect the normal operation of the Agency significant changes, or other important matters such as litigation and arbitration;
(F) senior management personnel professional qualifications for the Fund had been made, familiar with the sales operations of the Fund, and have engaged in the operations of the Fund for more than 2 years or at other financial institutions for more than 5 years work experience;
(VII) personnel qualification obtained funds of no less than 10 people.
16th separate fund sales institutions to set up in the form of a limited liability company, whose shareholders are enterprise legal persons or natural persons.
Enterprise legal person shares of the independent fund sales institutions shall satisfy the following conditions:
(A) continue to operate more than 3 full fiscal year, financial condition, operation stability;
(B) in the last 3 years not subject to criminal penalties;
(C) the last 3 years has not been financial regulation, supervision, industry and commerce, taxation and other administrative departments administrative penalties;
(D) the disciplined management, commercial banks and other institutions over the last 3 years has no adverse record;
(E) no regulator for violation of investigation or during the rectification.
Natural person shares an independent fund sales institutions shall satisfy the following conditions:
(A) engaging in securities, funds or any other financial business for more than 10 years, or securities, Fund for more than 5 years of business management or securities, senior managers in the fund industry for more than 3 years working experience;
(B) in the last 3 years not subject to criminal penalties;
(C) the last 3 years has not been financial regulation, supervision, industry and commerce, taxation and other administrative departments administrative penalties;
(D) no record in any discipline management, commercial banks and other institutions;
(E) the large amount of overdue debt-free;
(F) no other significant adverse credit records during the last 3 years.
17th independent fund sales institutions in the form of partnerships established, the partners shall meet the following requirements:
(A) engaging in securities, funds or any other financial business for more than 10 years, or securities, Fund for more than 5 years of business management or securities, senior managers in the fund industry for more than 3 years working experience;
(B) in the last 3 years not subject to criminal penalties;
(C) the last 3 years has not been financial supervision, industry and commerce, taxation and other administrative departments administrative penalties;
(D) no record in any discipline management, commercial banks and other institutions;
(E) the large amount of overdue debt-free;
(F) no other significant adverse credit records during the last 3 years.
18th eligibility criteria for Fund sales institutions shall submit application materials in accordance with the China Securities Regulatory Commission.
Applications involve significant changes in the matter of the application materials, the applicant shall, within 5 working days from the date of change to the location of the business registration agency of the China Securities Regulatory Commission to submit updated materials.
19th the CSRC Agency in accordance with the provisions of the administrative licensing law, accepts an application for Fund sales business qualification registration and review, make a decision to register or refuse to register.
Article 20th must apply for business registration, the applicant shall, upon receipt of the approval documents to the administrative organ for industry and commerce in accordance with the relevant provisions of alteration registration procedures.
21st independent fund sales institutions applying for establishing a branch shall satisfy the following conditions:
(A) good internal control, stability, good sustainable business capacity, can effectively control the branch risk;
(B) within the last 1 year is not subject to administrative punishments or criminal penalty;
(C) no regulator investigations for violations, or is in a corrective period;
(D) branches are in conformity with the provisions of the proposed office space, business officers, security facilities, and other business-related facilities;
(E) the proposed branch has a clear responsibility and sound management systems;
(F) the proposed branch Fund made not less than 2 qualified personnel;
(VII) other conditions stipulated by the CSRC.
Independent sales organizations application for fund distribution business qualifications of the Fund has established branches, shall comply with the above conditions. 22nd independent fund sales institutions to set up branches, change of business scope, the registered capital or investment, shareholder or partner, senior managers, should change before the change of location of the business registration agency of the China Securities Regulatory Commission records.
Fund of Fund sales institutions operate independently during the qualification of personnel with less than 10 or branch personnel qualifications obtained during the operating funds of less than 2 shall, within 5 working days to report to the location of the business registration agency of the China Securities Regulatory Commission, and staff within 30 working days adjusted to requirements. Independent fund sales institutions in accordance with the provisions of the preceding paragraph after the filing, agency of the China Securities Regulatory Commission in accordance with the measures the 15th, 16th, 17th, 18th section continuous supervision.
Do not meet Fund sales institutions qualifications a rectification, fails to rectify, cancel Fund sales business qualification.
Article 23rd Fund sales institutions Fund sales business qualifications, record basic information should be reported to the CSRC, and be updated on a regular basis.
24th the Fund merger and sales agencies, Fund sales business management qualifications in accordance with the following principles:
(A) the Fund sales institutions consolidation, new company shall, in accordance with the regulations to the location of the business registration agency of the China Securities Regulatory Commission to register prior to the completion of the registration of the new company, sales qualification part of the termination of the merger Fund, within 6 months of the completion of the registration of new companies, merged Fund sales business eligible termination;
(Ii) Fund sales institutions absorption merged and acquired party not has Fund sales business qualification of, acquired party should according to this approach of provides to business registered registration location of China SFC sent institutions for registered, in acquired party completed registered Qian, was merged party Fund sales business part terminated, acquired Party 6 months within still not completed registered of, was merged party Fund sales business qualification terminated;
(C) the Fund sales institutions merged and the combined party does not have the qualifications of Fund sales business, Fund sales institutions shall in the merged party branch (dot) after meeting sales requirements of the Fund, according to the requirements of this article 22nd, 23rd filing, in accordance with the Fund sales information management systems integration platform requirements will report to the China Securities Regulatory Commission for the record;
(D) the Fund sales institutions merged, merged and the combined party shall be eligible for Fund sales business, merging parties shall fund sales information management systems integration platform requirements will report to the China Securities Regulatory Commission for the record;
(V) separation of Fund sales institutions, shall, in accordance with the regulations of the new company to the location of the business registration agency of the China Securities Regulatory Commission to register.
Sales qualification part of the termination of the Fund, Fund sales institutions can cancel, redeem, turn managed out of business, not to open an account, subscription or purchase services.
Chapter funds settlement 25th Fund sales institutions can select commercial banks or institutions engaged in fund sales on payment settlement business of payment.
Fund sales, payment and settlement institutions should ensure that funds settlement funds safe, timely and efficient huafu.
Article 26th Fund sales institutions shall choose the following conditions of commercial banks or institutions engaged in fund sales on payment settlement business of payment: (A) the safe and efficient handling of payment settlement business information systems.
The information system should have a legitimate intellectual property rights, and networked with the cooperation agencies and regulators to complete the test, test results in accordance with the standards prescribed by the State;
(B) develop an effective risk control system;
(C) other conditions stipulated by the CSRC.
27th engaging in fund sales of commercial banks on payment settlement business in addition to these measures outside the conditions laid down in article 26th, should also fund sales business qualifications. Payment and settlement services for Fund sales institutions of commercial banks should be based on commercial banks engaging in the price charged to costs associated with payment and settlement services.
Beyond payment and settlement services fee on commercial bank, signed a sales agreement with Fund sales institutions, and sales-related services, Fund sales-related responsibilities.
28th in fund sales except payment settlement business of payment institutions should have the way article 26th conditions, should also make the payments business license issued by the people's Bank of China, and fund sales on payment settlement business account and corporate account effectively isolated from other operations.
29th Fund sales institutions, Fund sales payment settlement agency, fund shares can be eligible for Fund sales business of registered institutions commercial banks or customers ' transaction settlement funds depository designated commercial banks to open fund special account sales and settlement.
Fund sales institutions, Fund sales payment settlement agency, Fund share register when you open a special account fund sales settlement, account properties, account should be functional, account specific content, methods of supervision, account exception handling issues to oversee the agreement in the form of agreed sales and fund settlement fund oversight bodies.
Fund special account sales settlement refers to fund sales institutions, Fund sales payment and settlement institution or Fund share registration agency for collection, staged sales settlement funds of the special account, transfer funds.
Fund sales refers to the settlement fund oversight bodies in fund sales settlement funds transfer process of mutual fund sales institutions opened, used sales accounts of settlement funds and fund sales transfer process to assume oversight responsibilities of the Bank or the China Securities Depository and Clearing Corporation.
30th Fund sales special settlement account opening, change and withdrawal shall be in accordance with the provisions of the CSRC and account opening is located the China Securities Regulatory Commission agency of record.
31st the Fund sales institutions shall only funds to settlement account of fund investors as part of its purchase of the bank account.
The fourth chapter Fund promotion materials
Article 32nd Fund promotion material mentioned in these measures refers to promote funds for distribution to the public or to publish, so that the public can generally get written, electronic or other media of information, including:
(A) published material;
(B) leaflets, pamphlets, letters, fax, non-disclosure of specified information published in the media and fund sales-related announcements and other promotional materials for the public;
(C) posters, outdoor advertising;
(D) television, film, radio, Internet information, links to public Web site advertising, text messaging and other audio-visual and communications materials;
(V) other materials prescribed by the CSRC.
Article 33rd promotion materials of the Fund Manager of the Fund, should be given by the Fund Manager is responsible for Fund sales Senior Manager and Inspector checks and issue compliance submissions, and distributed to the public or published within 5 working days from the date of the main seat of the business activities of China Securities Regulatory Commission agency of record.
Other promotion materials of the Fund of Fund sales institutions shall first Fund sales institutions responsible for Fund sales business of senior executives and compliance checks, and issue compliance submissions, and distributed to the public or published within 5 working days from the date where the business registration agency of the China Securities Regulatory Commission filings.
Article 34th making promotion of the Fund the Fund sales institutions should be responsible for the content of the material to ensure compliance of their content, and ensure the distribution to the public, published material and record the same material.
35th promotion materials of the Fund must be true, accurate, and consistent with the Fund contract and fund prospectus shall not be any of the following circumstances:
(A) any false record, misleading statements or material omissions;
(B) the forecast investment performance of the Fund;
(C) violations committed to gains or losses;
(Iv) slander other fund managers, Fund custodians or fund sales organization, or any other Fund Manager raising or management of the Fund;
(E) the exaggerated or biased propaganda funds, misuse of security, guarantees, promises, insurance, safety, security, high yield, risk-free may make investors think there is no risk or misleading marketing focus on marketing a time limit;
(F) the recommended text publishing units or individuals;
(VII) other circumstances as stipulated by the CSRC.
Article 36th Fund promotion material can be posted to the Fund, the past performance of other funds managed by fund managers, but the Fund except for less than 6 months of the entry into force of the contract.
Promotion material posted in the past performance of the Fund shall comply with the following requirements:
(A) the Fund for more than 6 months but less than 1 year of the entry into force of the contract, should be published from the date on which the contract comes into effect performance;
(B) the Fund more than 1 year but less than 10 years of the entry into force of the contract, should start publishing contract has come into force when all the full fiscal year results, promotion materials released in the second half, also posted the first half of that year's performance;
(C) the Fund for more than 10 years of the entry into force of the contract, should be posted latest 10 complete fiscal year's performance;
(D) performance posted in the Fund contract during investment objectives, investment and investment policy changes, should be specifically stated.
37th Fund promotion material is available to the Fund, the past performance of other funds managed by fund managers, shall comply with the following requirements:
(A) in accordance with the relevant laws and regulations of regulations or industry-recognized criteria of fund performance data;
(B) references to statistical data and information shall be true, accurate, and to indicate the source, may not be invoked without verification, has not yet occurred or simulation data;
To introduce simulated historical performance is needed, business fixed investment, China's securities market should be adopted or overseas representative of mature securities market index, its long enough to simulate the real rate of return in the past, also specify the corresponding compound average annual return, in addition, should also explain the source of simulation data, simulation methods and formulas, and the corresponding risk;
(C) is true, accurate and reasonable presentation of fund performance and management of fund managers.
Fund performance data shall be approved by the Fund custodian review or removal of funds from the regular reporting.
Article 38th Fund posted the past performance of the Fund's promotion materials should be specifically stated, the Fund's past performance is not indicative of its future performance, other funds managed by Fund Manager's performance does not constitute guarantee of fund performance.
Fund for the 39th promotion materials to compare the performance of different funds, you should use a comparable sources of data, statistical methods and the comparison period and relevant data sources, statistical methodology should be fair, accurate, and relevance.
40th Fund promotion material accompanied by charts, should be clear and accurate.
41st Fund mentioned Fund rating agencies evaluating the results of promotion material shall conform to related specifications referenced by the China Securities Regulatory Commission on the Fund's results, and shall set out the name and date of assessment fund rating agency.
42nd promotion material published Fund Manager of the fund shareholder background, should be specifically stated business segregation between fund managers and shareholders, shareholders are not directly involved in the Fund's investment operations.
Article 43rd promotion materials in the promotion of the Fund of money market funds, should prompt investors, buy a money market fund is not equivalent to the funds as money in the Bank or deposit-taking financial institution, the Fund Manager does not guarantee that the Fund will profit or guarantee a minimum income.
44th in promotional material to promote capital preservation funds, should fully disclose the risks of capital preservation funds, the investors capital preservation fund does not mean that the funds as money in the Bank or deposit-taking financial institutions, and the capital preservation fund in extreme circumstances there is a risk of loss of principal.
Guaranteed fund capital preservation during the open subscription, it should be explained in the related business announcement and promotion material during the open subscription, investors purchase amount is guaranteed.
Article 45th Fund promotion material should contain clear and bold risk tips and cautionary words, to remind investors of the investment risk, read the Fund contract and fund prospectus carefully, understand the Fund's specific situation.
There is enough flat space of promotion material should be added to the materials of the Fund in conformity with the provisions necessary to risk reminder. Television, movies, Internet information, public Web site link promotion material should include image display lasts for at least 5 seconds, suggesting that investor risks and refer to the offering document of the Fund.
Radio expression above should be in the form of narration.
Article 46th Fund promotion materials containing content of the Fund approved by the China Securities Regulatory Commission, special declaration should be approved by the China Securities Regulatory Commission does not mean that the China Securities Regulatory Commission on the Fund's risks and benefits of making substantive judgments, recommendations or guarantees.
The fifth chapter Fund sales charges
The 47th in the Fund contract, the Fund Manager shall prospectuses or announcing the charge sales fees set out in items, conditions and modes, rates set forth in the prospectus or notice and cost calculation methods. 48th Fund sales institutions for Fund sales business, agreed in the contract and prospectus of the fund investors to charge subscription fees, subscription fees, redemption charges, switching fees and sales charges and other fees.
Fund sales institutions charge a sales fee, shall comply with the relevant regulations of the China Securities Regulatory Commission on the Fund's sales charge. 49th Fund sales institutions for fund investors provide value-added services, you can collect service fees from fund investors.
Value-added services refer to fund sales institutions in sales of Fund products, in the process, in ensuring compliance with the Fund and related product sales on the basis of the principle of the applicability, in addition to statutory or funds provided to the investor contracts, prospectuses concerning the service, and other additional services.
50th Fund sales institutions charge a service fee, shall comply with the following requirements:
(A) following the rational, open and consistent price pricing principles;
(B) the outlets should be publicized for all value-added services value-added services;
(C) the uniform printing services agreements, clear contents of the value-added services, ways, fees, terms, and dispute resolution mechanisms;
(D) the fund investors shall enjoy the right to free choice of value-added services, fund investors should opt for value-added services in the service agreement signed;
(E) value added service fee shall be paid for separately and is not intended to purchase (subscription) deducted;
(Vi) signed a services agreement to provide value-added services and fund sales institutions should be the principal, any sales person not allowed to charge service fees;
(VII) other circumstances as prescribed by the relevant regulatory authority.
Fund sales institutions to provide value-added services and to charge service fees to investors, printed service agreement should be filed to the CSRC. 51st fund managers and fund sales institutions in the funds agreed in the sale agreement based on Fund sales institutions selling the holdings of the Fund proportion of customer maintenance, used to fund sales institutions to pay customer service and costs relating to sales activities.
Fund sales institutions charged account maintenance fees shall conform to relevant regulations of the China Securities Regulatory Commission on the Fund's sales charge.
52nd fund managers and fund sales institutions shall fund sales agreements or conventions in the supplementary agreement, both subscription (subscription) fees, redemption fees, sales fees and other cost of sales percentage, based on their actual sales costs that Fund sales, accounting, bookkeeping, taxes.
53rd fund industry association can self fund sales charges set forth in the rules of the minimum standards.
Sixth chapter sales specification
54th handle Fund sales business or handle Fund sales-related business, and sales agencies charged to the Fund in order to fund the deal (including accounts) as the basis of the relevant Commission bodies shall provide the local Office of the China Securities Regulatory Commission registered or identified by the China Securities Regulatory Commission. Without registration and fund sales business qualification or without the CSRC found the institutions, not for sales or fund-related business.
Any individual may personally carry out the Fund's sales or related business.
55th Fund sales institutions shall establish a sound and effective implementation of the system of Fund sales business, strengthen Fund sales business compliance checks and supervision of operations, ensuring the implementation of Fund sales business with the China Securities Regulatory Commission to fund sales institutions ' internal control requirements.
56th Fund sales institutions shall ensure that Fund sales information management platform for secure, efficient operation, and in accordance with the China Securities Regulatory Commission on relevant requirements of Fund sales business information management platform.
57th without the Fund sales institutions employed no personnel shall not engage in sales activities of the Fund, except as otherwise provided by the China Securities Regulatory Commission. Promotion Fund staff, Fund sales information management system for operation and maintenance personnel engaging in fund sales business personnel should be qualified as a fund sales business.
Fund sales institutions shall establish a sound and efficient implementation of the Fund's sales staff continuous training system, strengthen Fund sales personnel conduct inspections and supervision.
Article 58th Fund sales institutions shall establish and improve the Fund share holders account and capital account management system, as well as the Fund share holders of capital access program and licensing examination and approval system.
59th Fund sales institutions Fund and related products in the sales process, should uphold the principles of investor interests, according to the investor's risk-bearing capacity different risk levels of product sales, to sell the right products to the right kind of fund investors.
Applicability 60th Fund sales institutions shall establish and fund sales management system includes at least the following:
(A) ways and means of Fund Manager due diligence;
(B) to fund the level of risk of the product settings, product risk assessment approach and methodologies of the Fund;
(C) the investor risk tolerance of the Fund conducted a survey and evaluation of ways and means;
(D) the method of matching fund products and fund investors.
61st Fund sales institutions Fund used by product risk assessment methods and their descriptions should be exposed to fund investors.
62nd fund management when selecting a fund sales institutions in fund sales institutions should be carefully investigated, Fund sales institutions select the sales of Fund products should be carefully investigated and the Fund Manager.
63rd Fund sales institutions should enhance investor education to guide investors fully understand the risk characteristics of Fund products, safeguard the legitimate rights and interests of investors.
64th Fund sales institutions go through the sales operations of the Fund shall, in accordance with anti money-laundering regulations require identifying customer identification, verification of customer's valid identity documents, register clients basic information, ensuring that the Fund account holders name and recorded identification that matches the name and retain copy or photocopy of a valid identity document.
Fund sales institutions sells funds to you entrust other institutions to conduct client identification shall be by contract, agreement or other written documents, identify client identification, client identification data and transaction record-keeping and information exchange, large-value and suspicious transactions reports and other aspects of anti-money laundering responsibilities and procedures. 65th Fund sales institutions shall establish a comprehensive file management system, keep the Fund share holders ' account information and other information related to sales.
Client identification data from the business relationship is over for at least 15 years when, and other sales-related information for at least 15 years since the business year.
66th Fund sales institutions Fund sales business by Fund sales institutions and fund managers should sign a written sales agreement, specify the rights and obligations of both parties, and including at least the following:
(A) cost of sales proportions and manner of distribution;
(B) the Fund holder's contact information, such as customer information are saved;
(C) the service responsibilities of the holders of the Fund;
(D) anti-money-laundering obligations and responsibilities;
(E) Exchange sales information and funds settlement rights and obligations of the Fund.
Without a written sales agreement, Fund sales institutions shall apply the Fund's sales.
67th Fund sales institutions shall will fund distribution business qualifications of Fund sales outlets-five prominent positions or be publicized on its Web site.
68th fund raising to the application to the China Securities Regulatory Commission is complete before registration Fund sales institutions shall not handle Fund sales business, may not be available to the public, publish promotion materials of the Fund or sell fund shares.
69th Fund sales institutions choose the Fund sales institutions shall comply with the regulatory requirements, and establish and improve fund sales institutions select standards and business processes, full assessment of the relevant risks, specify the rights and obligations of both parties. 70th Fund share of share registration agency refers to funds transfer registration, custody and settlement services agencies.
Fund share registration agency investors Fund account set up and management, Fund share registration confirmation, clearing and settlement, Fund sales, agent bonuses, roster of established and holding the Fund share holders and other business. 71st Fund share of share registration agency shall ensure that the funds transfer registration, depository and settlement business is safe, accurate, timely, and efficient.
Key responsibilities include:
(A) establish and manage investor accounts of fund units;
(B) is responsible for the registration of fund units;
(C) the Fund transaction confirmation;
(Iv) agents bonuses;
(E) establishing and holding the Fund share holders register;
(Vi) other duties stipulated by the registration agency agreement.
72nd Fund Manager changes the Fund share registry, should change before the change programme reported that the China Securities Regulatory Commission for the record. 73rd Fund sales institutions, Fund share registrars should be specified by the CSRC's technology platform for data exchange, and complete the registration data of the Fund designated by the CSRC agency focused on backup storage.
Data exchange shall conform to the relevant specifications of the China Securities Regulatory Commission. 74th open-end Fund after the entry into force of the contract, Fund sales institutions shall, in accordance with the laws and administrative regulations, the China Securities Regulatory Commission and the Fund contract, the provisions of the sales agreement, the Parties shall handle the subscription and redemption of fund units, not allowed to stop processing of fund units for sale or refuse to accept investors ' subscription and redemption applications.
Pause or open subscription and redemption of fund management business, and shall specify in the notice the reasons and basis.
75th Fund sales institutions shall not fund outside the contract date or time for the subscription and redemption of fund units, or conversion.
Investors of the Fund contract date and time apply for subscription, redemption or conversion, as the next trading day transaction processing, next time its price of subscription and redemption of fund units for handling Fund units subscription and redemption time opening day price.
The 76th when investors purchase fund shares, you must purchase amount in full, except for the Special Fund provided by the CSRC; investor payments in full in accordance with the regulations and submit a purchase request, purchase applications shall be set up; purchase application is in effect subject to the registration confirmation of fund units.
77th Fund sales institutions shall provide effective ways for fund investors query Fund contracts, prospectuses and other offering document of the Fund.
78th Fund sales institutions shall, in accordance with the Fund contract and prospectus and fund sales and service agreement agreed to charge investors sales charges and accounting, bookkeeping without funds, prospectuses, Fund sales and service agreement stipulated in the contract, shall not be extra charge to investors without prospectus set forth the notice and shall not apply different rates to different investors.
79th Fund sales institutions and fund sales institutions shall be kept confidential by law, investors.
80th Fund sales institutions and funds activities related to institutional fund sales through the Internet sales, Internet content provider shall be submitted to the relevant departments for the record, its fund sales business information systems should be consistent with the CSRC requirements related to information management platform and open to investors before the CSRC record Fund sales Web site address.
81st object of Fund sales institutions for sale to fund investment banking activities such as product regulations, shall be determined separately by the China Securities Regulatory Commission.
82nd Fund sales institutions engaging in fund sales activities, shall not be any of the following circumstances:
(A) aim at squeezing out competitors, lower Fund fees;
(Ii) sweepstakes, rebates or send in-kind, sold insurance, fund units and other funds;
(C) the sales below cost sales Fund;
(D) undertake to use Fund assets to benefit transportation;
(E) for an appointment call or reservation purchase (except for fixed investment operations of the Fund), the announcement unilaterally changed the release date of the Fund not according to stipulations;
(F) misappropriation of funds settlement funds;
(VII) article 35th of the present measures;
(VIII) other circumstances prohibited by the CSRC.
Seventh chapter of regulatory and legal responsibilities
83rd fund managers should be signed sales agreements with the Fund sales institutions within 7th day of, sales agreement submitted to the Agency of the China Securities Regulatory Commission, where their principal place of business activities. 84th Fund sales institutions shall establish relevant personnel of auditing or the departure of censorship. Independent sales agencies, Chairman and General Manager or managing partner withdraws from the departure should be based on the provisions of the China Securities Regulatory Commission's audit.
Independent sales agency and other senior management personnel of the Fund, insurance brokers, insurance agents and securities investment consultation institutions senior management responsible for Fund sales business, other Fund sales institutions responsible for Fund sales business department heads retiring should be reviewed under the provisions of the China Securities Regulatory Commission.
85th Fund sales institutions responsible for sales operations of the Fund's supervisory Auditors should check the compliance of Fund sales business in a timely manner, and to be completed by the end of the year within a quarter the annual supervisory audit report, to be archived for future reference. 86th Fund sales institutions shall, according to the China Securities Regulatory Commission for the fulfilment of obligation to submit information.
The China Securities Regulatory Commission and its agencies to fund sales institutions engaging in fund sales activities for regular or irregular checks, Fund sales institutions shall cooperate with.
87th Fund sales institutions violate the provisions of these measures, China Securities Regulatory Commission and the Agency ordered corrective action and issue a letter of warning to suspend related business; directly responsible and other persons directly responsible can take regulatory talks or issue a letter of warning, suspension of duties, identified as not suitable for related positions, such as administrative controls.
88th commercial banks, securities companies and futures companies, insurance companies, securities investment advisory institutions, independent sales organizations, as well as recognized by the China Securities Regulatory Commission other institutions Fund sales business qualification registration, withholding relevant information or provide false materials, local Office of the China Securities Regulatory Commission rejected; accepted, no registration, and a warning.
89th Fund sales institutions engaging in fund sales activities, one of the following circumstances exists, according to the Securities Investment Fund Law of relevant institutions and personnel for punishment.
(A) without registration or identification of the CSRC, without engaging in fund sales business;
(B) not fully revealing investment risks and misleading to investors buy Fund products commensurate with their risk taking ability;
(C) misappropriation of funds settlement funds or fund shares;
(D) failure to establish emergency risk management systems and disaster recovery systems, leak and fund shareholders and the Fund investment and operation of relevant non-public information.
Fund sales institutions above, the circumstances are serious, shall be ordered to suspend or terminate the Fund sales business constitutes a crime, transferred to the judicial body according to law, be held criminally responsible.
90th Fund sales institutions engaging in fund sales activities, any of the following circumstances shall be ordered to correct, separately or concurrently warned, less than 30,000 yuan fines; directly responsible and other persons directly responsible, separately or concurrently warned, less than 30,000 yuan fines:
(A) the Fund sales institutions and lack of Fund sales business qualification or qualification by the CSRC institutions or individuals, start-up fund sales business;
(B) in accordance with the provisions of article 29th of this approach open sales account with the Fund;
(C) is not used in accordance with the provisions of the present article 34th promotion materials of the Fund;
(D) violation of the provisions of article 57th, allows sales without the appointment of personnel funds or has not been approved by the China Securities Regulatory Commission promotion fund;
(E) is not in accordance with the provisions of article 66th sign a written sales agreement;
(F) violation of the provisions of article 68th, available to the public without permission, publish promotion materials of the Fund;
(VII) violates these measures provisions of 74th, arbitrarily stop processing for sale or reject the investors ' subscription and redemption of fund units;
(VIII) violation of the provisions of article 75th, determine the price of subscription and redemption of fund units;
(I) is not in accordance with the provisions of the present article 78th charge sales fees and accounting, bookkeeping;
(J) the 82nd as prohibited by these measures;
(11) in accordance with the provisions of the present article 85th presided, and monitoring the audit report;
(12) in accordance with the provisions of article 86th performance information reporting obligations or with the China Securities Regulatory Commission and its agencies carry out supervision and inspection.
Fund sales institutions above, the circumstances are serious, shall be ordered to suspend or terminate the Fund sales business constitutes a crime, transferred to the judicial body according to law, be held criminally responsible.
91st Fund sales institutions access funds sales within 1 year of business qualifications does not fund sales business, will terminate the Fund sales business qualifications.
92nd Fund sales institutions had been ordered to suspend Fund sales business, during the pause may not engage in the following activities:
(A) sign a new sales agreement;
(B) Promotion Fund;
(C) the sale of fund units;
(D) apply for purchase of fund units.
Fund sales institutions were ordered to terminate the sales operations of the Fund, it shall cease Fund sales activities.
Fund sales institutions had been ordered to suspend or terminate the sales operations of the Fund, the Fund Manager shall cooperate with the designated by the CSRC's Fund agencies adequately addressed the investor share subscription and redemption, transfer-managed business, conventions and in accordance with the sales agreement, lawful sales compensation for related losses.
93rd Fund sales, payment and settlement institutions engaging in fund sales payment and settlement activity, one of the following circumstances exists, according to the Securities Investment Fund Law of relevant institutions and personnel for punishment.
(A) without the China Securities Regulatory Commission approved start-up funds without authorization of payment settlement business;
(B) failing to huafu Fund sales of settlement funds;
(C) misappropriation of funds settlement funds or fund shares;
(D) failure to establish emergency risk management systems and disaster recovery systems, leak and fund shareholders and the Fund investment and operation of relevant non-public information.
Fund sales, payment and settlement institutions above, the circumstances are serious, shall be ordered to suspend or terminate the Fund sales on payment settlement business constitutes a crime, transferred to the judicial body according to law, be held criminally responsible.
94th Fund sales, payment and settlement institutions is suspended or terminates the sales payment and settlement operations of the Fund, Fund sales institutions and oversight bodies shall cooperate with the designated by the CSRC's Fund agencies adequately addressed the investor share subscription and redemption, transfer-managed business, conventions and according to relevant agreements, law to recover the loss.
The eighth chapter supplementary articles 95th these measures come into force on June 1, 2013. Released on June 9, 2011, of the sale of securities investment fund management (SFC, 72nd) repealed simultaneously.
