Civil | Easy illicit admire
Last week, in base assist announced 5 to plan to break orgnaization of couplet illicit collect again. In the meantime, up to on June 20, 2018, already orgnaization of collect of 477 family property includes the announcement that break couplet list. In these 477 orgnaizations, 128 orgnaizations already were cancelled to register; 9 orgnaizations already applied for to cancel by oneself register.
Association already accumulative total is cancelled
Collect of nearly 14000 family property manages a person
Below the big setting with superintendency severe in last few years hasten, association already accumulative total cancels illicit collect fund to manage a person 13936 (up to the data end this year Feburary) .
So, collect of the illicit below what circumstance manages a person to may be cancelled to register? Xiaoyi did a summary for you:
1, register first product of illicit collect fund did not put on record in 6 months
On Feburary 5, 2016, in base assist release " the announcement that registers a certain number of item about person of management of fund of collect of farther normative illicit " (the following abbreviation " announcement " ) :
The day that releases from this announcement rises, new product of fund of first illicit collect still did not put on record inside 6 months since the day that the person of management of illicit collect fund that register is running a knot to register formalities, association of Chinese fund trade will cancel fund of this illicit collect to manage a person to register.
This one also is the circumstance that person of the commonnest illicit collect management is cancelled to register -- up to by Feburary 2018, not according to " announcement " the illicit collect fund that asks to finish product of fund of collect of the first illicit to put on record to be cancelled manages a person to achieve 11822.
Because of the illicit collect that this kind of reason is cancelled to register, if still real business needs, can apply for to register afresh by the requirement, association will handle relevant application in order.
2, illicit collect " break couplet " 3 months contact association not actively and provide valid proof data
Release according to association " about building " break couplet (unusual) " illicit collect orgnaization is fair the announcement that shows a system " , " the announcement that registers a certain number of item about person of management of fund of collect of farther normative illicit " , "The day that releases from announcement of the orgnaization that break couplet rises, the illicit collect fund that includes the orgnaization that break couplet manages a person, full 3 months and contact association not actively and provide valid proof data, association will cancel fund of its illicit collect to manage a person to register " .
So far in 477 illicit collect orgnaizations that break couplet, 128 had been cancelled to register.
3, violate compasses information to announce (include to make public exposure, violate compasses acceptance accrual to wait) the clue is serious
In the basis base assist release " exposure of information of fund of illicit collect investment runs way " (the following abbreviation " administrative measure " :
Person of management of fund of collect of the 27th illicit is in information exposure existence this method eleventh (one) , (2) , (3) , (4) , (7) what relate action, association of Chinese fund trade can inspect clue weight to adopt public condemnation, time-out to deal with relevant business, cancel management to the person is registered or cancel the disciplinary treatment such as member qualification to fund management person...
Eleventh information exposure obligor discloses fund information, must not put in the following behavior:
(one) be announced publicly or covert public exposure;
(2) state of sex of false account, misdirect is major perhaps omit;
(3) undertake forecasting to investing outstanding achievement;
(4) violate compasses acceptance accrual to perhaps bear a loss;
(7) use do not have the data origin that can compare gender, fair sex, accuracy, authority and method to undertake outstanding achievement is compared, random is used " outstanding achievement is optimal " , " scale is the largest " wait for relevant expression.
4, disband lawfully, by lawfully cancel or by lawfully of suspend payment
The basis began to apply in August 2014 " fund of illicit collect investment controls government temporary measure " :
Person of management of fund of collect of the 10th illicit is disbanded lawfully, by lawfully cancel, or by lawfully of suspend payment, common perhaps copartner ought to be in its legal representative report of association of trade of 20 workaday indrawn fund, fund trade association ought to cancel fund management in time to the person is registered and carry website announcement.
5, investigation of judiciary, superintendency department maintains what accord with the regulation that register no longer
In the basis base assist released on March 27 " the decision that manages about strengthening industry of illicit collect fund to control oneself further " (the following abbreviation " autonomic management decides " ) : The illicit collect fund that accords with the regulation that register no longer to been investigate to maintain by judiciary, superintendency branch manages a person, association maintains a result to give to its announcement is cancelled according to investigation directly.
Be in later April, association a running fire cancels the announcement that register 5 times, carry out self-discipline new politics, with the power of a thunderbolt and the speed of lightning.
These 5 illicit collect that are cancelled to register manage philtrum, the product puts on record, violate compasses collect to wait violate compasses item to fix eyes upon
Zhengzhou 100 fill:
① puts on record some in basically combining a bank to be opposite, small small company has the product equity, creditor's rights and interlining capital investment, investor number not fill in a form and submit it to the leadership.
② did not superintend a requirement to undertake rectifying and reform according to bureau of Henan card inspect, and do not have specific management place for a long time, register put on record information and actual condition not agree with badly.
Oriental silver trader:
Some company that controls person investment actually is violated because of be suspected of breaking the law compasses be investigated by door of the Ministry of Public Security.
Country asset of short for Weihe River:
Tall canal does not have fund related ① from job seniority.
② company did not submit year audit report on time by the requirement.
③ changes senior administrator not in time to reach from information of staff of course of study. Current, the company already cannot operate normally, the product that the company puts on record is managed by investor, the company already was real fund management person no longer, accord with supervisory of illicit collect fund to register a regulation no longer.
Course of study of constant of an ancient name for China:
① part fund was not dealt with put on record formalities.
② may not bring about interest conflict circumstance and likelihood to affect investor to investor exposure according to the facts the other and major news of legitimate rights and interests.
Capital of collect of investor of qualification of ③ Xiang Fei, and acceptance protects this protecting accrual.
④ fund account manages a disorder.
Heart ode asset:
① is registered put on record information and actual condition not agree with badly
Capital of collect of investor of qualification of ② Xiang Fei
③ is suspected of be a name to draw public deposit illegally with illicit collect fund
④ does not cooperate to superintend
6, collect of unusual classics seek private gain fails to refer legal opinion book or legal opinion book maintains his to be accorded with no longer those who register
It is a basis likewise in base assist release " autonomic management decides " :
Unusual to appearing management situation, and the fund of collect of blame member illicit that fails to remove undesirable effect actively manages a person, association will ask its invite attorney office to refer legal opinion book by oneself, whether does the specification accord with the regulation that register. To failing to refer legal opinion book or legal opinion book maintains his to accord with the illicit collect fund that register to manage a person no longer, association gives announcement cancel.
This year on Feburary 1, association is released " the announcement that registers about cancelling fund of collect of unusual classics seek private gain to manage a person " , because collect of seek private gain of 8 unusual classics did not refer book of special legislation opinion to be cancelled to register by association by the requirement.
7, " temporary regulations " the status that seeks opinion draft regulation
Office of legal system of the State Council released on August 30, 2017 " fund of illicit collect investment manages temporary regulations " (ask for an opinion to stalk of grain) , have not release formal draft at present.
Thirteenth illicit collect fund manages a person to have one of following state, fund guild ought to cancel fund management person in time to register:
(one) apply for those who register to cancel by oneself;
(2) disband lawfully, by lawfully cancel or by lawfully of suspend payment;
(3) fund of first illicit collect did not put on record inside 6 months after registering;
(4) the illicit collect fund of place management is total clear dish hind, illicit collect fund did not put on record inside 12 months;
(5) because collect money illegally, manage illegally wait for major illegal action to be found out of legal responsibility;
(6) do not accord with this byelaw the 6th the 2nd section provision, do not grant to correct inside time limit, the clue is serious;
(7) the other state that supervisory administration of negotiable securities of the State Council rules.
In asking for an opinion to stalk of grain state about cancelling supervisory of illicit collect fund, besides a few common kinds, be like,still added " the illicit collect fund of place management is total clear dish hind, illicit collect fund did not put on record inside 12 months " and " because collect money illegally, manage illegally wait for major illegal action to be found out of legal responsibility " .
8, apply for those who register to cancel by oneself
The fund of collect of 13936 family property that already cancelled in association manages philtrum, the administrative person that active application cancels has 2019, occupy than achieving 14.5% .
Illicit collect is registered put on record, major coachs cannot little
Admire of choice easy illicit is registered put on record application seeks advice from a service
① major consults service group;
② abounds experience, fund of service illicit collect manages person accumulative total to exceed 400:
③ pays close attention to superintendency demand change in time;
④ is offerred in the light of demand of administrative person application most the advisory service that ground connection enrages;
