中華人民共和國(guó)證券投資基金法英文版

1、證券投資基金法 證券投資基金法The Law of the People's Republic of China on Securities Investment FundThe Law of the People's Republic of China on Securities Investment Fund, which was adopted at the fifth meeting of the Standin

2、g Committee of the Tenth National People's Congress on October 28, 2003, is hereby promulgated and shall take effect as of June 1, 2004. Hu Jintao, the PresidentOctober 28, 2003 Law of the People's Republic of Ch

3、ina on Securities Investment FundContentsChapter I General ProvisionsChapter II Fund ManagersChapter III Fund TrusteesChapter IV Raising of FundChapter V Trading of Fund SharesChapter VI Subscription to and Redemption of

4、 Fund SharesChapter VII Fund Operations and Information DisclosureChapter VIII Alteration and Termination of the Fund Contract and Liquidation of Fund PropertyChapter IX Rights of the Fund Share Holders and the Exercise

5、thereofChapter X Supervision and Administration Chapter XI Legal LiabilitiesChapter XII Supplementary ProvisionsChapter I General ProvisionsArticle 1 The present Law is enacted with a view to regulating the activities co

6、ncerning securities investment fund, to protect the legitimate rights and interests of the investors and other relevant parties, and to promote the healthy development of securities investment fund and securities market.

7、 Article 2 The present Law shall apply to the securities investment activities conducted through the method of portfolio and through public offering of fund shares to raise securities investment fund (hereinafter referre

8、d to as fund), which is managed by fund managers and entrusted to fund trustees for the benefits of the fund share holders; the matters not covered by the present Law shall be governed by the Trust Law of the People'

9、s Republic of China, the Securities Law of the People's Republic of China, and other relevant laws and administrative regulations. Article 3 The rights and obligations of the fund managers, fund trustees and fund sha

10、re holders shall be stipulated in the fund contracts in accordance with the present Law.The fund managers and fund trustees shall perform the duties of trusteeship in accordance with the present Law and the fund contract

11、. A holder of fund shares shall enjoy the benefits and bear the risks to the extent of the fund shares it holds. Article 4 Those engaging in the activities involving securities investment fund shall adhere to the princip

12、les of free will, fairness and good faith, and may not impair the state and public interests. Article 5 A fund contract shall stipulate the operation method of the fund. A fund can be operated in a closed, open, or any o

13、ther way.securities business, securities investment consultation, trust assets management or other financial assets management, having no record of violation of law within the last 3 years, and having a registered capita

14、l of no less than 300 million RMB;4) The number of persons with fund practice qualification reaching the statutory requirement; 5) Having business sites, security facilities and other facilities relating to fund manageme

15、nt business that comply with the requirements;6) Having sound internal auditing and monitoring system and risk control system;7) Other conditions provided for by laws and administrative regulations and those provided for

16、 by the securities regulatory department under the State Council and approved by the State Council. Article 14 The securities regulatory department under the State Council shall, within 6 months from accepting the applic

17、ation for establishment of a fund management company, make the examination pursuant to the conditions specified in Article 13 hereof and the principle of prudent regulation, make the decision whether to grant the approva

18、l or not, and notify the applicant, and shall explain the reasons if no approval is granted. Where a fund management company is to establish any branch, modify its articles of association, or alter any other major matter

19、s, it shall apply to the securities regulatory department under the State Council for approval. The securities regulatory department under the State Council shall, within 60 days from the day of accepting the application

20、, make the decision whether to grant approval or not, and notify the applicant, and shall explain the reasons if no approval is granted.Article 15 None of the following personnel may be a securities practitioner of a fun

21、d manager:1) Those being given criminal penalties for the crime of bribery and embezzlement, malfeasance, or encroachment of property, or the crime of undermining the socialist market economic order;2) The directors, sup

22、ervisors, factory directors, mangers and other senior executives who are personally liable for the bankruptcy and liquidation due to poor management or the revocation of business license due to violation of law of the co

23、mpanies and enterprises in which they hold office, provided that it has been less than 5 years since the day of the end of the bankruptcy liquidation or of the revocation of business license; 3) Those with large amount o

24、f outstanding personal debts;4) The practitioners of fund managers, fund trustees, securities exchanges, securities companies, securities registration and settlement institutions, futures exchanges, futures brokerage com

25、panies and other institutions, and the state functionaries that have been dismissed due to violations of law;5) The lawyers, certified accountants, practitioners of assets evaluation institutions and assets verification

26、institutions, and practitioners of investment consultation institutions whose practice licenses have been revoked or who have been disqualified due to violations of law;6) Other personnel that may not engage in the fund

27、business as provided for by any law or administrative regulation. Article 16 The managers and other senior managerial personnel of a fund manager shall be familiar with the laws and administrative regulations concerning