Port communicationRegistration of private equity fund investors including employees as co-investors and the amount of co-investments does not meet the standards of qualified investors
Require
Which ones are there?
answer：The private equity fund investors listed in Article 13 (3) of the "Interim Measures for the Supervision and Administration of Private Equity Investment Funds" include private equity fund managers and their employees who have followed the investment and the amount of the follow-up investment does not meet the standards of qualified investors.，The employee employment certificate signed by the private equity fund manager and the labor contract signed by the private equity fund manager and the employee should be uploaded to the "Other Issue Document Description Upload" in the private equity fund registration and filing system.，Or private equity fund managers pay social security for employees and other relevant documents proving labor relations.。
7、2025Before December 31st，The professional qualifications of registered executives of private equity fund managers do not meet the "Announcement on Further Regulating Certain Matters concerning the Registration of Private Equity Fund Managers"
Require
，Can private equity fund managers still apply for registration of private equity fund products?
answer：According to the Securities Investment Fund Law、Relevant provisions of the "Interim Measures for the Supervision and Administration of Private Equity Investment Funds" and the "Announcement on Further Regulating Certain Matters concerning the Registration of Private Equity Fund Managers"，Registered private equity fund managers should obtain fund practice qualifications before December 31, 2025。Failure to obtain qualifications within the time limit，The association will suspend accepting the institution’s private equity fund product registration and other major matters change applications。
Before December 31, 2025，For example, relevant senior executives of registered private equity fund managers(Including legal representative)Not qualified to engage in fund business，Does not affect private equity fund managers’ application for registration of private equity fund products。 如何申请基金管理人备案法律意见书 1、Legal representative at the same time、actual controller、Controlling shareholder changes，Can a special legal opinion be issued?
answer：If the legal representative is changed at the same time、actual controller、Controlling shareholders or changes are related to each other，Can issue a special legal opinion，However, the legal opinion should explain the interrelated situations，and express opinions on each of the various matters proposed for change.。 2、Registered private equity fund managers need to submit additional legal opinions，Do you want to express opinions based on the actual situation after rectification?
If you express opinions based on the situation after the organization has been rectified，There are situations that are inconsistent with the information published by the association，How to deal with it? answer：According to the "Announcement on Further Regulating Certain Matters concerning the Registration of Private Equity Fund Managers"
Require
，Registered private equity fund managers should make rectifications within the corresponding time period，The matters that need to be changed shall be completed by submitting a major matter change application or an annual change application.。
The legal opinion should express opinions on the actual situation after the company has rectified and completed the changes.，It should be consistent with the information published by the association.。If the law firm’s due diligence results are inconsistent with the information published by the association,，The reasons for the inconsistency should be disclosed in the legal opinion and the situation should be explained in detail。 3、Private equity fund managers generally report that the adoption rate of legal opinions is low，And I don’t quite understand the reason for the return.，Can you give a detailed explanation?
answer：After the release of the "Announcement on Further Regulating Certain Matters concerning the Registration of Private Equity Fund Managers"，New registration application for private equity fund managers、The number of institutions that approved the application for filing and supplementing legal opinions for the first fund was relatively small.，The main reason is that:First, the applicant institution failed to follow the principles of professional management and prevention of conflicts of interest.，Concurrently engaged in non-financial business、Credit business，It is planned to engage in securities investment and equity investment business at the same time without setting up corresponding institutional arrangements.，or simultaneously carry out other businesses with conflicts of interest。
Second, the legal opinion did not carefully verify the employees of the applying institution.、capital、address、Facilities, etc.，Failure to effectively confirm the institution’s paid-in fund information，It cannot be confirmed that there is sufficient capital to ensure the effective operation of the institution.。Third, the risk management and internal control systems are inconsistent with the real business of the applicant institution.，Even simple plagiarism templates，Relevant systems do not have the realistic basis and conditions for effective implementation。
Recently, as private equity fund management institutions and law firms have responded to the Announcement,
Require
gradual understanding of，The application approval situation has gradually improved，and tend to normalize。
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