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    Guangdong Securities Regulatory Bureau issued the first fine in 2019 Guangzhou Asian Investment 7 violations

    2019-03-13 18:09:25

    Blue Whale New Fortune Zhang Wei

    The Guangdong Securities Regulatory Bureau issued the first ticket in 2019, and the private equity fund violated the rules. It was a mistake.

    Recently, the Guangdong Securities Regulatory Bureau announced an administrative penalty decision. Guangzhou Asian Investment Equity Investment Fund Management Co., Ltd. (hereinafter referred to as Guangzhou Asia Investment) was the first administrative penalty issued by the Guangdong Securities Regulatory Bureau since 2019 due to violations. Decision. The company, its general manager and the director of risk control were fined 60,000 yuan by the Guangdong Securities Regulatory Bureau.

    Seven violations are shocking

    The problems exposed by Guangzhou Asian Investment involved four products including “Asian Investment Fund No. 6”, “Asian Investment Fund No. 10”, Guangzhou Collection Investment Management Center (Limited Partnership), and “Asian Investment Fund No. 11”. From the violation of appropriateness, commitment to protect the insurance income to misappropriation of funds, lost fund contracts and other important information, up to seven violations almost violated all the private equity fund's compliance bottom line.

    The administrative penalty decision book shows that in the process of raising funds from investors in the four products of Guangzhou AII, there are a total of 84 investors investing in a single private equity product of less than 1 million yuan.

    As stipulated in Article 12 of the Interim Measures for the Supervision and Management of Private Equity Investment Funds, qualified investors of private equity funds “invest in a single private equity fund of not less than 1 million yuan”. This means that the 84 investors do not meet the requirements of qualified investors, and Guangzhou Asian Investment still sells its own products.

    At the same time, the four products did not have their own or commissioned third-party agencies to carry out risk ratings. Moreover, when Guangzhou AII raised these four products, it did not follow the agreement with the investors to deposit the investor's investment funds into a special account, and violated the agreement to misappropriate some funds invested by investors in the “Asian Investment Fund No. 6”. . After the failed fundraising, Guangzhou AII did not return the investor's investment funds within the time limit agreed with the investor. As of the filing date, there were still 15 investors whose investment funds were not returned.

    Due to the special nature of private equity funds, the current regulation does not allow private funds to publicly publicize, but Guangzhou Asian Investment has publicly publicized its organization's investment promotion conference through Guangdong Radio, attracting investors to participate, and targeting non-specific objects at investment promotion meetings. Promotion and promotion of the "Asian Investment Fund No. 6" and "Asian Investment Fund No. 10" are being raised.

    In addition, Guangzhou AII also existed at the same time when it established the “Asian Investment Fund No. 6”. In the contract signed with 7 investors including Zou Mozhi, it agreed to protect the capital and gave 8% of the bottom line guarantee; and Wu et al. Among the contracts signed by the seven investors, they agreed to protect the capital and gave an annualized income distribution of 12%. In the contract with a specific customer, Guangzhou AII also manually added the “customer Chen as the Asian Investment Fund entrusted broker. In order to subscribe for the company's fund products, the company gives the annualized fund a net value of 1.10 yuan. The above-mentioned agreement is essentially to promise the investor that the principal is not subject to loss and minimum income, which again violates the private equity fund's inability to protect the principal's income. Provisions.

    In addition to the above-mentioned violations, three products of Guangzhou AII have not assessed the risk identification ability and risk tolerance of all investors in accordance with the regulations. Some investors did not sign a qualified investor commitment or risk disclosure. . As a private equity fund manager, Guangzhou Asia Investment only saves some investors' fund contracts and records related to investor suitability management, and most of the rest of the information has been lost.

    In addition, the reporter checked the records of the China Foundation for the founding of the Guangzhou AII, only the "Asian Investment Fund No. 6" and "Asian Investment Fund No. 10" were filed, and the other two funds involved in the penalty book - Guangzhou Collection The Investment Management Center (Limited Partnership) product, "Asian Investment Fund No. 11" has no relevant filing information.

    Supervisor is under 30 years old

    At present, the Guangdong Securities Regulatory Bureau has decided to give a warning to Guangzhou AII after filing a case investigation and trial, and imposed a fine of 30,000 yuan; warned its legal representative, executive director and general manager Zhang Hongfei, and imposed a fine of 20,000 yuan; Zhong Jie, the person in charge of the risk control committee and the director of risk control, gave a warning and imposed a fine of 10,000 yuan.

    Guangzhou Yatou, the two directly responsible directors - general manager Zhang Hongfei was born in October 1989, the director of risk control Zhong Jiecai was born in March 1992, all under the age of 30, in the domestic private equity fund managers Among the supervisors, they are still quite young.

    According to public information, from 2011 to 2014, Zhang Hongfei workedHaitong SecuritiesAs a broker, in December 2014, he joined Tonglian Payment Network Services Co., Ltd. as the network marketing financial market manager. In June 2015, he joined Guangzhou Asia Investment Equity Investment Fund Management Co., Ltd. Although it is called “Equity Investment Fund”, in fact, the registration type of Guangzhou AII in the China Foundation is the securities investment fund manager.

    Zhang Hongfei has been working in Guangzhou AII since June 2015. However, it was not until May 2016 that he changed to a legal representative of Guangzhou AII, which currently holds 15% of the shares. Lin Guisen, the former legal representative, is still the actual controller of Guangzhou AII, holding 40% of the shares, and Lin Zexiu, the former supervisor, holding 30% of the shares. The two hold a 70% stake in Guangzhou AII.

    Hot searchSecurities Regulatory Bureau Net value of fund Qualified investor

    Editor in charge: Huang Kai RF13494

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