Port communicationPrivate equity fund manager registration 1、Private equity fund managers register company names、What is the business scope?
Require
? Does the name have to contain words related to "private placement"?
answer：According to the "Guidelines for Legal Opinions on Registration of Private Equity Fund Managers"、"Answers to Questions and Answers on Registration and Filing of Private Equity Investment Funds (7)"，The name and business scope of a private equity fund manager should include “fund management”、"Investment Management"、"asset Management"、"Equity Investment"、"Venture investment" and other related words。
also，From the perspective of professional operation and prevention of conflicts of interest，Private equity fund managers are not allowed to concurrently engage in businesses that may conflict with private equity funds、Sell-side business and other non-financial businesses not related to the buy-side “investment management” business。According to the "Announcement on Further Regulating Certain Matters concerning the Registration of Private Equity Fund Managers"，The Association encourages private equity fund managers to add “private equity” related words to their names，But it is not mandatory for now
Require
。
2、At present, some regions have strict requirements on the industrial and commercial registration and business scope of investment enterprises.、Relevant restrictive measures have been adopted for name changes and other changes.。in this case，If the business scope and name of the registered private equity fund manager do not comply with the relevant self-discipline of the association
Require
，However, it is objectively impossible to complete the change of industrial and commercial information.，How to deal with it? answer：The rectification of the business scope and name of the private equity fund manager requires that the relevant industrial and commercial information changes be completed in advance.。
Considering that the relevant industrial and commercial registration policies in various places are in a period of adjustment recently,，To conduct business without affecting registered private equity fund managers，Private equity fund managers who need to submit relevant legal opinions，If its business scope and name do not comply with the relevant self-discipline of the association,
Require
，At the same time, it is indeed impossible to make relevant industrial and commercial changes due to objective reasons，The applicant institution should make a written commitment not to engage in other businesses unrelated to the specific private equity fund business type in which the institution is engaged.，And promised to wait until the relevant industrial and commercial change procedures can be processed normally.，Business scope and name changes will be completed in a timely manner，and press in the private equity fund registration and filing system
Require
Timely update changed industrial and commercial information。
The above commitments should be truthfully informed to the relevant law firms and handling lawyers.，There are private equity fund products，Investors should be truthfully informed。
If the applicant institution has a business scope that is expressly prohibited by the "Answers to Questions and Answers Related to Registration and Filing of Private Equity Funds (7)"，You should make rectifications and complete changes to relevant industrial and commercial information before you can submit your application again.，Such situations include：The business scope and actual business registration of private equity institutions include businesses that may conflict with private equity investment fund business (such as private lending).、private financing、Capital allocation business、Small amount of finance、small loan、P2P/P2B、Crowdfunding、Factoring、guarantee、real estate development、trading platform, etc.)。
3、Registration of private equity fund managers against registered capital/subscribed capital、Paid-in capital/paid-in capital、What is the actual receipt/payment ratio, etc.
Require
? answer：The "Announcement on Further Regulating Certain Matters concerning the Registration of Private Equity Fund Managers" does not
Require
The applicant institution must have capital above a certain amount before it can be registered.。
However, as a necessary and reasonable condition for the operation of the institution，Applicants should base their operations on their own operations and business development direction.，Ensure there is sufficient capital to ensure the effective operation of the institution。Relevant capital should cover the organization’s reasonable labor compensation over a period of time、House rent and other daily operating expenses。Law firms should evaluate whether a private equity fund manager has the capital required to engage in private equity fund management.、Conduct due diligence on capital conditions, etc. and issue professional legal opinions。
For the situation where the paid-in capital/paid-in capital of the private equity fund manager is less than 1 million yuan or the paid-in/paid-in ratio does not reach 25% of the registered capital/subscribed capital，The association will give special reminders in the information disclosed by private equity fund managers.，and be announced in the classified announcement of private equity fund managers.。4、What basic systems do institutions need to establish when registering private equity fund managers?
answer：Private equity fund managers should refer to the "Internal Control Guidelines for Private Equity Fund Managers" issued by the Association、The "Guidelines for Legal Opinions on Registration of Private Equity Fund Managers" and other regulations are formulated and uploaded to relevant systems.，System documents include but are not limited to (depending on the specific business type) operational risk control system、information disclosure system、Internal transaction recording system、Guard against insider trading、Conflict of Interest Investment Transaction System、Qualified investor risk disclosure system、Qualified investor internal review process and related systems、Private equity fund promotion、Recruitment-related regulatory systems，and the fair trading system applicable to private securities investment fund business、Securities reporting system for practitioners, etc.。
also，In the legal opinion, the law firm should issue an opinion on whether the system has the realistic basis and conditions for effective implementation based on the actual situation of the company.。For example，Whether the establishment of relevant systems matches the existing organizational structure and staffing of the institution，Whether it meets the actual needs of the organization’s operations, etc.。
If the existing organizational structure and staffing of private equity fund managers make it difficult for them to fully implement relevant systems independently and effectively，The organization may consider purchasing the services of an outsourcing service agency，including law firms、Professional services such as accounting firms。
The association encourages private equity fund managers to consider their own actual operating conditions，Professional outsourcing services by choosing a private equity fund outsourcing service agency registered with the association，Achieve the goals of the institution’s risk management and internal control systems，Reduce operating costs，Improve core competitiveness。If the above situation exists，Please apply for registration as a private equity fund manager，Submit an outsourcing service agreement or a letter of intent for an outsourcing service agreement at the same time。
5、Will the registration and filing be affected if the registration place of the applicant institution and the actual business location are not in the same administrative region? answer：The registration place of the applicant organization and the actual business location are not in the same administrative region，Does not affect private equity fund manager registration。However, the applicant organization should truthfully fill in relevant matters.，Law firms are required to make relevant factual statements，State the place of business of the manager、The respective places of registration，Whether it is indeed operated in the actual place of business, etc.。
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