Article 17 When investors, fund managers and fund custodians engage in private fund business, they shall conclude a written fund contract to clearly stipulate their respective rights, obligations and related matters.
The fund contract shall include the necessary contents stipulated in Articles 93 and 94 of the Securities Investment Fund Law.
Article 18 Unless otherwise stipulated in the fund contract on the custody of fund property, the private equity fund property shall be managed by a fund custodian who complies with the provisions of the Securities Investment Fund Law.
Article 19 Fund managers may promote and sell their own fund shares, or entrust other institutions to handle them on their behalf.
Fund managers and fund sales institutions shall take appropriate measures to ensure that investors abide by the provisions of these Measures, fully reveal the investment risks to investors, and sell funds with different risk levels according to their risk-taking ability.
Fund managers and fund sales organizations shall not publicize and promote funds in a false, one-sided, misleading or exaggerated way.
Article 20 Fund managers and fund sales organizations shall not use newspapers, radio stations, television stations, the Internet and other public media forms or lectures, reports, analysis meetings and other means to publicize and promote funds to unspecified objects.
Article 21 After the private placement fund is raised, the fund manager shall go through the relevant filing procedures in a timely manner in accordance with the provisions of the fund industry association.
If the registered private equity fund only exceeds 6,543.8 billion yuan or the number of fund share holders exceeds 50, the fund industry association shall report to the China Securities Regulatory Commission.
Article 22 Fund managers and fund custodians shall truthfully provide the fund share holders with the net value of the fund, the distribution of investment income, the litigation of the investment team, managers and fund property, and other important information that affects the legitimate rights and interests of the fund share holders, and shall not conceal or provide false information.
Article 23 Fund managers should abide by prudent operation rules, formulate scientific and reasonable investment strategies and risk management systems, improve internal control mechanisms, standardize business operation procedures and effectively control operational risks when using fund assets for securities investment.
Article 24 The employees of a fund manager shall have the qualification of fund practice and shall not engage in activities that conflict with the performance of their duties.
Fund managers shall establish a management system for the declaration, registration, examination and disposal of securities investment by employees to prevent conflicts of interest with fund share holders.
Twenty-fifth fund managers and their employees engaged in private equity fund business shall abide by the principle of giving priority to the interests of fund share holders and shall not engage in the following acts:
(a) treating the assets of different funds under its management unfairly;
(2) Taking advantage of fund property or position to seek benefits for people other than fund share holders;
(3) Embezzling or misappropriating fund property.
(4) divulging undisclosed information obtained by taking advantage of his position, and using the information to engage in or express or imply others to engage in related trading activities;
(five) engaged in insider trading, manipulation of securities trading prices and other improper securities trading activities.
(six) other acts prohibited by laws, administrative regulations and the provisions of the China Securities Regulatory Commission.