Yuheng investment was ordered to correct three cases of violations, and did not identify the risks of some investors

The decision on administrative supervision measures [2020] No. 39 issued by Fujian regulatory bureau of China Securities Regulatory Commission shows that Yuheng Investment Management Co., Ltd. (hereinafter referred to as Yuheng investment) has the following problems: < / P > < p > 1. Yuheng investment was registered as a private fund manager in the China Securities Investment Fund Association (hereinafter referred to as the Fund Association) in August 2015, but Yuheng investment has the following problems The company has not kept the accounting documents and other relevant materials from August 2015 to December 2015, which violates the provisions of Article 26 of the Interim Measures for the supervision and administration of private investment funds (Order No. 105 of the CSRC, hereinafter referred to as the Interim Measures). (2) Yuheng Qihang No.1 Securities Investment Fund (hereinafter referred to as Qihang No.1) is a private equity fund which is managed by Yuheng investment and sold by itself. Yuheng investment did not evaluate the risk identification ability and risk bearing ability of the investors Zhuo, Lin and Chen when they sold Qihang No.1 by themselves, which violated the provisions of Article 16, paragraph 1 of the interim measures. (3) Yuheng Qihang No.2 Private Securities Investment Fund (hereinafter referred to as Qihang No.2) is a private equity fund managed by Yuheng investment and sold by itself. When Yuheng investment sold Qihang No.2 on its own, it failed to assess the investor’s risk identification ability and risk bearing capacity by means of questionnaire survey, which violated the provisions of Article 16, paragraph 1 of the interim measures. In view of the above situation, in accordance with the provisions of Article 33 of the interim measures, Fujian regulatory bureau decided to take administrative supervision measures to order Yuheng investment to correct. < p > < p > data shows that Yuheng investment was established in September 2014 with a registered capital of 50 million yuan. On August 13, 2015, with the approval of China Securities Investment Fund Association, Yuheng investment officially obtained the qualification of private fund manager (Registration Certificate No.: p1020550). The major shareholder of Yuheng investment is jinyushidai Co., Ltd., with a shareholding ratio of 55% and Lin Huichang holding 45%. < / P > < p > < p > Article 16 of the Interim Measures: if a private fund manager sells private funds on his own, he / she shall assess the investor’s risk identification ability and risk bearing ability by means of questionnaire survey, and the investor shall make a written commitment to meet the requirements of a qualified investor; a risk disclosure statement shall be prepared and signed by the investor for confirmation. If the private fund manager entrusts the sales agency to sell the private fund, the private fund sales agency shall take the evaluation, confirmation and other measures specified in the preceding paragraph. The content and format guidelines for the questionnaire and risk disclosure statement of investors’ risk identification and bearing capacity are formulated by the fund industry association according to the characteristics of different types of private funds. < p > < p > < p > < p > < p > Interim Measures) Article 26: private fund managers, private fund custodians and private fund sales agencies shall properly keep records and other relevant information on private fund investment decision-making, transaction and investor suitability management, and the retention period shall not be less than 10 years from the date of termination of fund liquidation. < p > < p > < p > < p > Article 33 of the Interim Measures: the private fund manager, private fund trustee, private fund sales agency and other private placement service institutions and their employees violate laws, administrative regulations and the provisions of these measures And its agencies may take administrative supervision measures such as ordering correction, supervision talks, issuing warning letters, and publicly condemning them. < / P > < p > 1. Your company registered as a private fund manager in China Securities Investment Fund Association (hereinafter referred to as the Fund Industry Association) in August 2015, but your company did not keep the accounting documents and other relevant information from August 2015 to December 2015, which violates the 20th Interim Measures for the supervision and administration of private investment funds (CSRC Order No. 105, hereinafter referred to as the Interim Measures) Six. (2) Yuheng Qihang No.1 Securities Investment Fund (hereinafter referred to as Qihang No.1) is a private equity fund which is managed by your company and sold by itself. Your company did not evaluate the risk identification ability and risk bearing capacity of investors Zhuo, Lin and Chen when selling the sailboat No.1 by questionnaire, which violates the provisions of Article 16, paragraph 1 of the interim measures. < p > < p > 3. Yuheng Qihang No.2 Private Securities Investment Fund (hereinafter referred to as Qihang No.2) is a private equity fund which is managed by your company and sold by yourself. When selling Qihang No.2 by yourself, your company failed to assess the investor’s risk identification ability and risk bearing ability by means of questionnaire survey, which violates the provisions of Article 16, paragraph 1 of the interim measures. In view of the above situation, in accordance with the provisions of Article 33 of the interim measures, our bureau has decided to take administrative supervision measures to order your company to correct. Your company should carry out rectification in accordance with the requirements of relevant laws, administrative regulations and the provisions of China Securities Regulatory Commission, and further regulate private fund activities. Your company shall complete the rectification within one month from the date of receiving this decision, and submit a written report on the implementation of the rectification work to our bureau, and our bureau will organize inspection and acceptance according to the situation. < / P > < p > if you are not satisfied with the administrative supervision measures, you may file an application for administrative reconsideration to the CSRC within 60 days from the date of receiving this decision, or file a lawsuit with the people’s court with jurisdiction within 6 months from the date of receiving this decision. During the period of reconsideration and litigation, the above administrative supervision measures shall not be suspended. < / P > < p > Disclaimer: the purpose of this article reprinted by china.com finance and economics is to convey more information and does not represent the views and positions of the website. 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