| Full text of information |
Baijia Baixing Pure Bond Securities Investment Fund
Custody Agreement
Fund Manager: Baijia Fund Management Co., Ltd
Fund Custodian: Hengfeng Bank Co., Ltd
catalog
Part I Parties to the Fund Custody Agreement four
Part II Basis, Purpose and Principles of the Fund Custody Agreement six
Part III Fund Custodian's Business Supervision and Verification of Fund Manager seven
Part IV Fund Manager's Business Verification of Fund Custodian fourteen
Part V Custody of Fund Assets fifteen
Part VI Sending, Confirmation and Execution of Instructions nineteen
Part VII Trading, Clearing and Settlement Arrangements twenty-three
Part VIII Calculation and Accounting of Net Asset Value of the Fund twenty-seven
Part IX Distribution of Fund Income thirty-three
Part X Fund Information Disclosure thirty-five
Part XI Fund Expenses thirty-seven
Part XII Registration and Custody of the Register of Fund Unitholders thirty-nine
Part XIII Preservation of Fund related Documents and Archives forty
Part XIV Replacement of Fund Manager and Fund Custodian forty-one
Part XV Prohibited Acts forty-four
Part XVI Change and Termination of Custody Agreement and Liquidation of Fund Assets forty-six
Part XVII Liability for Breach of Contract forty-eight
Part XVIII Dispute Resolution forty-nine
Part XIX Effect of Custody Agreement fifty
Part XX Other Matters fifty-one
Part XXI Signing of Custody Agreement fifty-two
Whereas Baijia Fund Management Co., Ltd. is a legally established and validly existing company
Limited company, which has the qualification and ability to act as the fund manager in accordance with the provisions of relevant laws and regulations, intends to raise and distribute funds
Xingbaijia Baixing Pure Bond Securities Investment Fund;
Whereas Hengfeng Bank Co., Ltd. is a bank legally established and validly existing in accordance with the laws of China
The Bank has the qualification and ability to act as the Fund Custodian in accordance with relevant laws and regulations;
Whereas Baijia Fund Management Co., Ltd. plans to serve as the foundation of Baijia Baixing pure bond securities investment fund
The gold manager, Hengfeng Bank Co., Ltd., is proposed to act as the pure bond securities investment fund of Baijia Baixing
Fund custodian;
In order to clarify the Baijia Baixing pure bond securities investment fund (hereinafter referred to as "the Fund" or "the Fund")
）This Custody Agreement is hereby formulated for the rights and obligations between the Fund Manager and the Fund Custodian of the Fund;
Unless otherwise agreed, the Fund Contract of Baijia Baixing Pure Bond Securities Investment Fund (hereinafter referred to as
"Fund Contract") shall have the same meaning when used in this Custodian Agreement; If any
Conflicts shall be subject to the Fund Agreement and shall be interpreted in accordance with its terms.
If the Fund implements the side pocket mechanism, please refer to the fund contract and prospectus for relevant arrangements during the implementation of the side pocket mechanism
Provisions of the prospectus.
Part I Parties to the Fund Custody Agreement
1、 Fund manager
Name: Baijia Fund Management Co., Ltd
Registered address: No. 106, Fengze East Road, Nansha District, Guangzhou (self prepared Building 1) X1301-G020950
(Cluster registration) (JM)
Office address: the whole floor of the 10th floor, No. 769, Huacheng Avenue, Tianhe District, Guangzhou
Legal representative: Zhan Songmao
Date of establishment: September 4, 2020
Approval authority and approval document number: ZJXK [2020] No. 1809
Organizational form: limited liability company
Registered capital: RMB 100 million
Duration: continuous operation
Tel: 020-83539622
Business scope: publicly offered securities investment fund management, fund sales, private asset management
2、 Fund Custodian
Name: Hengfeng Bank Co., Ltd
Registered address: No. 8, Luoyuan Avenue, Lixia District, Jinan
Office address: No. 8, Luoyuan Avenue, Lixia District, Jinan
Legal representative: Xin Shuren
Time of establishment: November 23, 1987
Approval No. of fund custody business: ZJXK [2014] No. 204
Organizational form: limited liability company
Registered capital: RMB 1112096298.36 billion
Duration: going concern Business scope: absorbing RMB deposits; Issuing short-term, medium-term and long-term loans
Clause; Handle settlement and bill discount; Issuance of financial bonds; Issuing, cashing and underwriting government bonds as an agent;
Buying and selling government bonds; Interbank borrowing; Provide letter of credit service and guarantee; Agency collection and payment; Provide safe
Services; Foreign exchange deposit; Foreign exchange loans; Foreign exchange remittance; Foreign currency exchange; International settlement; Interbank foreign exchange borrowing;
Acceptance and discount of foreign exchange bills; Foreign exchange borrowing; Foreign exchange guarantee; Settlement and sales of foreign exchange; Issuance and proxy issuance of shares
Foreign currency securities other than notes; Buying and selling foreign currency securities other than stocks; Proprietary foreign exchange
business; Foreign exchange trading on behalf of customers; Credit investigation, consultation and witness business.
Part II Basis, Purpose and Principles of the Fund Custody Agreement
1、 Basis for entering into custody agreement
According to the Securities Investment Fund Law of the People's Republic of China (hereinafter referred to as the Fund Law)
Administrative Measures for the Operation of Securities Investment Funds Raised (hereinafter referred to as the "Operation Measures"), Public Offering
Measures for the Supervision and Administration of Securities Investment Fund Sales Institutions (hereinafter referred to as "Sales Measures"), Public Offering
Measures for the Administration of Information Disclosure of Securities Investment Funds (hereinafter referred to as the Information Disclosure Measures)
Provisions on Liquidity Risk Management of Raised Open ended Securities Investment Funds (hereinafter referred to as "Liquidity Risk Management Regulations")
Decision), Baijia Baixing Pure Bond Securities Investment Fund Contract (hereinafter referred to as the "Fund Contract")
）And other relevant provisions.
2、 Purpose of entering into custody agreement
The purpose of this Agreement is to clarify the custody and investment of the Fund property between the Fund Manager and the Fund Custodian
Rights, obligations and duties in matters related to operation, net worth calculation, income distribution, information disclosure and mutual supervision
Responsible for ensuring the safety of fund assets and protecting the legitimate rights and interests of fund share holders.
3、 Principles for entering into custody agreement
The Fund Manager and the Fund Custodian shall fully protect the holding of fund shares on the basis of equality, voluntariness, honesty and credibility
This agreement is signed based on the principle of legal rights and interests of the people.
Part III The Fund Custodian's Business Supervision and Verification of the Fund Manager
1、 The Fund Custodian shall, in accordance with the provisions of relevant laws and regulations and the provisions of the Fund Contract
Supervise the scope, investment proportion, investment restrictions, etc. The fund contract clearly stipulates the fund investment style or securities selection
If the standard is selected, the Fund Manager shall provide the investment variety pool in the format required by the Fund Custodian, so that the Fund
The custodian shall supervise whether the actual investment of the fund conforms to the provisions of the fund contract on the securities selection criteria.
The investment scope of the Fund: The investment scope of the Fund is mainly financial instruments with good liquidity,
Including bonds (government bonds, financial bonds, government supported institutional bonds, corporate bonds, corporate bonds, central bank bills, medium-term
Bills, short-term financing bonds, ultra short-term financing bonds, government backed bonds, local government bonds, subordinated bonds)
Asset backed securities, bond repurchase, treasury bond futures, bank deposits, interbank deposit receipts, and laws and regulations or China
Other financial instruments that the CSRC allows the fund to invest in, provided that they comply with the relevant provisions of the CSRC.
The Fund does not invest in stocks, convertible bonds or exchangeable bonds.
If laws and regulations or regulatory authorities allow the fund to invest in other varieties in the future, the fund manager shall perform appropriate
After the procedure, it can be included in the scope of investment, and can be adjusted in a timely and reasonable manner according to the then effective laws and regulations
Scope of investment.
The proportion of the Fund's investment portfolio: the proportion of bond assets in the Fund's assets shall not be less than 80%; Each hand in
At the end of the trading day, after deducting the trading margin required for treasury bond futures contracts, the Fund holds cash or matures
The proportion of government bond investment within one year shall not be less than 5% of the net asset value of the fund, excluding cash
Settlement provisions, deposits, subscription receivables, etc.
If laws and regulations or the CSRC changes the investment proportion limit of investment varieties, the Fund Manager shall
After proper procedures, the investment proportion of the above investment varieties can be adjusted.
The Fund's portfolio is subject to the following restrictions:
1. Combination restrictions
The Fund's portfolio should be subject to the following restrictions:
(1) The Fund's investment proportion in bond assets shall not be less than 80% of the Fund's assets;
(2) At the end of each trading day, after deducting the trading margin required to be paid for treasury bond futures contracts, the Fund
The proportion of government bond investment with cash or maturity within one year shall not be less than 5% of the net asset value of the fund,
Cash does not include provisions for settlement, deposits and subscription receivables;
(3) The Fund holds securities issued by a company whose market value does not exceed 10% of the net asset value of the Fund;
(4) All funds managed by the Fund Manager hold securities issued by one company, which shall not exceed the amount of the certificate
10% of the bonds, the fund varieties that invest in securities in full accordance with the composition ratio of the relevant index may not be subject to this
The proportion limit specified in the clause;
(5) The proportion of the Fund's investment in various types of asset-backed securities of the same original equity holder shall not exceed
10% of the net asset value of the Fund;
(6) All funds managed by the Fund Manager invest in various asset supports of the same original equity holder
Securities shall not exceed 10% of the total size of its various asset-backed securities;
(7) The market value of all asset-backed securities held by the Fund shall not exceed 20% of the net asset value of the Fund
％；
(8) The proportion of the same (referring to the same credit rating) asset-backed securities held by the Fund shall not exceed
10% of the size of the asset-backed securities;
(9) The balance of the Fund's bond repurchase fund or reverse repurchase fund shall not exceed that of the previous day
40% of the net asset value of the Fund;
(10) The Fund shall invest in asset-backed securities with a credit rating of BBB or above (including BBB).
During the period when the Fund holds asset-backed securities, if its credit rating declines and it no longer meets the investment standards, it shall
All of them will be sold within 3 months from the date of release of the level report;
(11) If the Fund participates in treasury bond futures trading, it shall comply with the following investment proportion restrictions:
At the end of any trading day, the value of treasury bond futures contracts held by the Fund shall not exceed the fund assets
15% of net worth;
At the end of any trading day, the value of futures contracts for selling treasury bonds held by the Fund shall not exceed the value held by the Fund
30% of the total market value of bonds;
The transaction amount of treasury bond futures contracts traded by the Fund on any trading day (excluding closing positions) shall not
More than 30% of the net asset value of the fund on the previous trading day;
Market value, purchase and sale of bonds held by the Fund (excluding government bonds with maturity within one year)
The total value of the overseas bond futures contract (calculated by netting) should be in line with the proportion of bond investment in the fund contract
Relevant agreements.
(12) The total value of the Fund's assets shall not exceed 140% of the Fund's net assets;
(13) The total market value of the Fund's active investment in liquidity restricted assets shall not exceed the net assets of the Fund
15% of the value. Due to factors other than the fund manager, such as fluctuations in the securities market and changes in fund size, the fund does not
If the proportion limit is met, the Fund Manager shall not actively increase the investment of liquidity restricted assets;
(14) The Fund, private securities asset management products and other entities recognized by the CSRC are trading pairs
For reverse repurchase transactions, the qualification requirements for acceptable collateral should be consistent with the investment scope agreed in the Fund contract
Keep the enclosure consistent;
(15) Other investment restrictions stipulated by laws and regulations, the CSRC and the Fund Contract.
Except for items (2), (10), (13) and (14)
Factors other than the fund manager, such as the merger of the securities issuer and the change of the fund size, result in the non conformance of the fund investment proportion
If the investment proportion is specified above, the fund manager shall adjust it within 10 trading days, but the CSRC
Except for the special circumstances specified by. Where laws and regulations provide otherwise, such provisions shall prevail.
The Fund Manager shall, within six months as of the effective date of the Fund Contract, make the proportion of the Fund's investment portfolio conform to
Relevant provisions of the mutual fund contract. During the above period, the investment scope and investment strategy of the Fund shall comply with
Agreement of the Fund Contract.
The Fund Custodian's supervision and inspection of the Fund's investment shall commence on the effective date of this Fund Contract.
Laws and regulations or regulatory authorities cancel or change the above restrictions. If applicable to the Fund, the Fund Manager shall
After performing the appropriate procedures, the Fund's investment will no longer be subject to the relevant restrictions or the changed provisions.
2、 Implementation and investment operation arrangement of side pocket mechanism
When the fund holds specific assets and there are or potential large redemption applications, protect the fund according to the maximum
The Fund Manager and the Fund Custodian have reached an agreement on the principle of the interests of unit holders and consulted the accounting firm
After the opinion of the Firm, the side pocket mechanism can be used in accordance with laws and regulations and the fund contract, without the need to convene a fund
Deliberation at the general meeting of unit holders.
During the implementation of the side pocket mechanism, the agreed portfolio proportion, investment strategy, portfolio restrictions
The performance comparison benchmark, risk return characteristics and other agreements are only applicable to the main bag account.
Implementation conditions, implementation procedures, operation arrangements, investment arrangements and disposal changes of specific assets of side pocket accounts
See the provisions of the Prospectus for details of matters such as cash and payments that have a significant impact on investors' rights and interests.
3、 The Fund Custodian shall invest in the following funds in accordance with the provisions of relevant laws and regulations and the Fund Contract
Prohibited acts shall be supervised. Unless otherwise agreed in this Agreement, the Fund Custodian shall supervise the Fund
The Fund Manager shall supervise the prohibited acts of fund investment.
In accordance with the provisions of laws and regulations and the fund contract, the fund assets shall not be used for the following investments or activities
Active:
1. Underwriting securities;
2. Lending or providing guarantee to others in violation of regulations;
3. Investment with unlimited liability;
4. Buying and selling other fund units, except as otherwise stipulated by the CSRC;
5. Make capital contributions to its fund manager and fund custodian;
6. Engaging in insider trading, manipulating securities trading prices and other improper securities trading activities;
7. Other activities prohibited by laws, administrative regulations and the CSRC.
Laws and regulations or regulatory authorities cancel or change the above restrictions. If applicable to the Fund, the Fund Manager shall
After performing the appropriate procedures, the Fund's investment will no longer be subject to the relevant restrictions or the changed provisions. Gikinto
The custodian has performed its supervision duties in accordance with relevant laws and regulations, the fund contract and the custody agreement
The Fund property is still caused by the investment prohibition behavior in violation of laws and regulations, the Fund Contract or the Custody Agreement
In case of losses, the Fund Manager shall bear the responsibility, and the Fund Custodian shall not bear any responsibility.
4、 The Fund Manager uses the Fund property to buy and sell the Fund Manager, the Fund Custodian and their controlling shareholders
Securities issued by the actual controller or a company that has a major interest relationship with it or certificates underwritten during the underwriting period
Securities, or other major related party transactions, shall comply with the investment objectives and investment strategies of the Fund and follow
The principle of giving priority to the interests of fund share holders, preventing conflicts of interest, establishing and improving internal approval mechanisms and evaluation mechanisms
The system shall be implemented according to the fair and reasonable price in the market. Relevant transactions must be approved by the Fund Custodian in advance, and
Disclosed according to laws and regulations. Major connected transactions shall be submitted to the Board of Directors of the Fund Manager for review, and shall be divided into three parts
Two or more independent directors passed. The Board of Directors of the Fund Manager shall conduct related party transactions at least every half a year
examination.
5、 The Fund Custodian shall manage the Fund in accordance with the provisions of relevant laws and regulations and the provisions of the Fund Contract
Participate in supervision of inter-bank bond market.
The Fund Manager shall provide the Fund Custodian with information that complies with laws, regulations and industry standards before the operation of the Fund
The list of approved, carefully selected counterparties in the inter-bank bond market applicable to the Fund, and agree on each
The transaction settlement method applicable to the counterparty. The fund manager should strictly follow the scope of the list of counterparties in the bank
The inter-bank bond market selects counterparties. The Fund Custodian shall supervise whether the Fund Manager has complied with the bank provided in advance
List of counterparties in the inter-bank bond market for transactions, if the fund manager fails to provide the inter-bank bond market as required
List of counterparties, resulting in the Fund Custodian's failure to effectively perform its supervisory duties, resulting in losses and liabilities
All are borne by the fund manager.
The Fund Manager shall update the list of counterparties in the inter-bank bond market and the settlement method in a timely manner
Inform the Fund Custodian that the new list will come into force after the Fund Custodian's confirmation, and the new list has been cancelled this time
Transactions conducted by counterparties but not yet settled shall still be settled in accordance with the agreement. If the Fund Custodian issues
The current fund manager shall timely remind the fund manager of transactions with counterparties in the inter-bank market that are not on the list
If the Fund Manager still fails to correct after being reminded, the Fund Custodian will not bear any loss caused thereby
And responsibilities.
The fund manager is responsible for controlling the credit control and trading mode of the counterparty, and
Conduct transactions according to the market's trading rules, and be responsible for resolving disputes and losses caused by the counterparty's failure to perform the contract
In case of loss, the Fund Custodian shall not bear any legal liability and loss arising therefrom. The Fund Custodian
The bond market transaction sheet shall supervise the performance of the contract. If the fund custodian finds that the fund manager fails to comply with
The Fund Custodian shall timely remind the Fund Management when conducting transactions according to the trading counterparty or trading method agreed in advance
If the Fund Manager still fails to correct after being reminded, the Fund Custodian will not bear any losses and
Responsibility.
6、 The Fund Custodian shall manage the Fund in accordance with the provisions of relevant laws and regulations and the provisions of the Fund Contract
People choose deposit banks for supervision.
Where the Fund invests in bank deposits, the Fund Manager shall, in accordance with the provisions of laws and regulations and the provisions of the Fund Contract,
Determine the list of all eligible deposit banks, and provide it to the fund depository in time before the fund invests in deposits
The custodian, the fund custodian, shall check whether the counterparties of the fund investment bank deposits comply with the relevant provisions
Supervision. If the fund manager fails to provide the list of deposit banks as required, the fund custodian is unable to effectively perform
The fund manager shall be responsible for the supervision responsibilities, and the losses and liabilities arising therefrom shall be borne by the fund manager.
The investment bank deposits of the Fund shall comply with the following provisions:
1. The Fund Manager and the Fund Custodian shall, in accordance with the relevant regulations, make separate arrangements for the investment bank deposits of the Fund
Sign a written agreement to clarify that the Fund Manager and the Fund Custodian are in the process of handling the fund investment bank deposit business
To ensure the safety of fund assets and protect the legitimate rights and interests of fund share holders.
2. The Fund Custodian shall strengthen the supervision and verification of the Fund's bank deposit business and strictly review the relevant agreements
Discussions, account information, investment instructions, deposit certificates and other relevant documents, and earnestly perform the custody responsibilities.
3. The Fund Manager and the Fund Custodian shall strictly abide by the Fund Law when conducting fund deposit business
, Operation Measures and other relevant laws and regulations, as well as relevant national account management, interest rate management, payment and settlement
And other regulations.
7、 The Fund Custodian shall, in accordance with the provisions of relevant laws and regulations and the provisions of the Fund Contract
Net value calculation, net value calculation of fund shares, receipt of funds receivable, determination of fund expenses and income, fund
Income distribution, relevant information disclosure, fund performance data published in fund promotion materials, etc
Supervision and verification.
If the fund manager prints false performance data on the
On the promotional materials, the Fund Custodian will not bear any responsibility for this and will report to
China Securities Regulatory Commission.
8、 The Fund Custodian discovers the above matters and investment instructions of the Fund Manager or the actual investment operation
In case of violation of laws and regulations, the Fund Agreement and this Custodian Agreement, the Fund Management shall be notified in writing in a timely manner
Correct within a time limit. The Fund Manager shall actively cooperate with and assist the Fund Custodian in its supervision and verification. fund management
After receiving the notice, the Fund Custodian shall timely check and reply to the Fund Custodian before the next working day
Explain or provide evidence with reasonable doubt, explain the reason for violation and the time limit for correction, and ensure that the violation is timely within the specified time limit
Correction. Within the above specified period, the Fund Custodian has the right to review the notice at any time to urge the Fund Custodian to
The gold manager corrects. The Fund Manager fails to notify the Fund Custodian of the violation within the above specified period
In case of correction, the Fund Custodian shall have the right to report to the CSRC.
The Fund Custodian finds that the Fund Manager's instructions violate laws, administrative regulations and other relevant provisions, or
If the fund manager violates the fund contract, it shall suspend or refuse to implement it as appropriate and notify the fund manager immediately
Correction. If the Fund Manager refuses to make corrections, the Fund Custodian has the right to report to the CSRC.
The Fund Custodian finds that the effective instructions of the Fund Manager in accordance with the trading procedures violate laws and administrative laws
In case of violation of the provisions of the Fund Agreement, the Fund Manager shall be notified immediately, and
Report to the CSRC at any time.
9、 The Fund Custodian shall submit the Fund Supervision Report to the CSRC in accordance with the requirements of laws and regulations,
The Fund Manager shall actively cooperate in providing relevant data and systems.
10、 If the Fund Custodian finds that the Fund Manager has major violations of laws and regulations, it shall report to China in a timely manner
The CSRC shall, at the same time, notify the fund manager to make corrections within a time limit, and report the results of the corrections to the CSRC. Fund management
The manager refuses or obstructs the other party to exercise the right of supervision according to the provisions of this Agreement, or delays or deceives
Fraud and other means hinder the other party from carrying out effective supervision, and the circumstances are serious, or the fund custodian still refuses to correct after giving a warning,
The Fund Custodian shall report to the CSRC.
Part IV Fund Manager's Business Verification of Fund Custodian
1、 The Fund Manager shall check the performance of custody duties by the Fund Custodian, and the matters to be checked include:
Not limited to the safe custody of fund assets by the fund custodian, the opening of fund accounts, securities accounts
The settlement account and other accounts required for investment shall be timely and accurately reviewed the net asset value of the fund calculated by the fund manager
The net value of fund units shall be cleared and settled according to the instructions of the fund manager, and any problems shall be timely fed back
Information disclosure and supervising whether the fund investment operation is confidential to non-public information.
The Fund Manager shall regularly and irregularly check the Fund assets under the custody of the Fund Custodian. Gikinto
The custodian shall actively cooperate with the fund manager in the verification, including but not limited to: submitting relevant materials for the fund
The manager shall check the integrity and authenticity of the entrusted property, reply to the fund manager and make corrections within the specified time.
2、 The Fund Manager finds that the Fund Custodian misappropriates the Fund assets without authorization and fails to separate the accounts of the Fund assets
Violation of management, failure to execute or unreasonably delayed execution of fund manager's fund transfer instructions, disclosure of fund investment information, etc
In case of any violation of the Fund Law, the Fund Contract, this Agreement and other relevant provisions, the Fund shall promptly notify the Fund in writing
The gold custodian shall make corrections within a time limit. After receiving the notice, the Fund Custodian shall timely check and give it to the Fund before the next working day
The manager replied, explaining the reasons for the violation, and ensuring that it was corrected in time within the specified period. During the period specified above,
The Fund Manager has the right to review the notice at any time and urge the Fund Custodian to make corrections. The Fund Custodian shall
Actively cooperate with the Fund Manager in its verification activities, including but not limited to: submitting relevant materials for the Fund Manager
Check the integrity and authenticity of the entrusted property, reply to the fund manager within the specified time and make corrections. fund
The Manager has the right to request the Fund Custodian to compensate for the losses suffered by the Fund as a result.
3、 The Fund Manager shall report to the CSRC and
The banking regulatory authority shall, at the same time, notify the fund custodian to make corrections within a time limit, and report the results of the corrections to the CSRC
The Supervisory Commission. The Fund Custodian refuses or obstructs the other party from exercising its supervision right in accordance with the provisions of this Agreement without justified reasons, or
Take measures such as delay and fraud to prevent the other party from carrying out effective supervision, and if the circumstances are serious or the fund manager raises the police
If it still fails to make corrections, the fund manager shall report to the CSRC.
Part V Custody of Fund Assets
1、 Principles of Fund Property Custody
1. The fund property shall be independent of the inherent property of the fund manager, the fund custodian and the securities brokerage institution.
The Fund Manager, Fund Custodian and Securities Broker are dissolved, revoked or announced according to law
In case of liquidation due to bankruptcy or other reasons, the fund assets shall not belong to its liquidation assets.
2. The Fund Custodian shall keep the Fund assets safely. Without the proper instructions of the Fund Manager, it shall not
To apply, dispose of and distribute any assets of the Fund. If the fund property is in the custody of the fund custodian
If the custodian is damaged or lost due to its own reasons, the fund custodian shall be liable for compensation.
3. The Fund Custodian shall, in accordance with the provisions, open custody accounts, securities accounts and other accounts required for investment of the Fund assets
Securities brokers shall open relevant securities capital accounts for the Fund in accordance with relevant laws, regulations and normative documents.
The fund manager, fund custodian and securities broker shall sign a tripartite custody agreement for the custody account.
4. The Fund Custodian shall set up separate accounts for different fund assets under its custody
The custody business of other businesses and other funds shall be subject to strict separate account management to ensure the integrity and independence of fund assets.
5. The Fund Custodian shall, according to the instructions of the Fund Manager, keep it in accordance with the Fund Contract and this Agreement
In case of special circumstances, both parties can negotiate separately to solve the fund property. Unless otherwise agreed in this agreement, the fund custody
Without the instruction of the Fund Manager, the Fund Manager shall not use, dispose of or distribute any assets of the Fund on its own.
6. For assets receivable arising from fund investment and receivables arising from fund subscription and purchase
Assets, such as the Fund Custodian cannot obtain the account date from the public information or the written materials provided by the Fund Manager
In the case of periodic information, the Fund Manager shall be responsible for determining the date of receipt with the relevant parties and notifying the Fund Custodian,
If the fund assets fail to reach the fund account on the account arrival date, the fund custodian shall timely notify and cooperate with the fund manager
Take measures to collect. If any loss is caused to the Fund property, the Fund Manager shall be responsible to the relevant parties
The Fund Custodian shall not bear any responsibility for the recovery of the losses of the Fund.
7. Except in accordance with the provisions of laws and regulations, the Fund Agreement and this Agreement, the Fund Custodian shall not
And any third person seeking benefits. The Fund Custodian violates this obligation and uses the Fund property to
The three parties seek benefits, and the benefits obtained shall belong to the fund property.
8. Except in accordance with laws and regulations and the provisions of the Fund Contract, the Fund Custodian shall not entrust a third party to custody
Fund assets.
2、 Fund raising period and capital verification of raised funds
1. The funds raised during the fund raising period shall be deposited in the special fund raising account opened by the fund manager
No one may use the fund before the end of the fund raising. The effective subscription amount generated during the fund raising period
The interest will be converted into fund units and owned by the fund unit holders. Interest incurred during fund raising period
The records of the institution shall prevail.
2. When the fund raising period expires or the fund raising ends ahead of schedule, the total amount of fund units raised and the fund raising
After the aggregate amount and the number of fund share holders meet the relevant provisions of the Fund Law and the Operation Measures,
The Fund Manager shall transfer all funds belonging to the Fund property into the Fund opened by the Fund Custodian for the Fund
For bank accounts, the Fund Custodian shall issue relevant supporting documents on the date of receipt of funds, and the Fund Manager shall
Within the time limit, an accounting firm conforming to the provisions of the Securities Law of the People's Republic of China was hired to verify the capital,
A capital verification report shall be issued, in which the fund raised shall be confirmed. The capital verification report issued by
Only two or more Chinese certified public accountants who have participated in the capital verification can be valid.
3. If the fund raising period expires and the fund filing conditions are not met, the fund manager shall
The Fund Custodian shall provide full assistance in handling refund and other matters.
3、 Opening and management of fund bank custody account
1. The Fund Custodian shall be responsible for the opening and management of the Bank Custodian Account of the Fund.
2. The Fund Custodian may open a bank custody account of the Fund in its business institution in the name of the Fund
And handle the receipt and payment of funds according to the legal and compliant instructions of the fund manager. Bank reserved seal of the Fund
It shall be kept and used by the Fund Custodian. All monetary income and expenditure activities of the Fund, including but not limited to investment
The payment of redemption amount, the payment of fund income and the collection of subscription amount shall be made through the bank account of the Fund.
3. The opening and use of the Fund's bank custody account shall be limited to meeting the needs of conducting the Fund's business.
The Fund Custodian and the Fund Manager shall not open any other bank account in the name of the Fund; Neither
Any account of the Fund may be used for activities other than the business of the Fund.
4. The opening and management of the fund bank custody account shall comply with the relevant provisions of relevant laws and regulations.
4、 Opening and management of fund securities accounts
1. The Fund Custodian is located in the Shanghai Branch and Shenzhen Branch of China Securities Depository and Clearing Co., Ltd
Open a securities account jointly named by the Fund Custodian and the Fund for the Fund, and the account name shall be subject to the actual opening.
2. The opening and use of the Fund's securities account shall be limited to meeting the needs of conducting the Fund's business. fund
The Custodian and the Fund Manager shall not lend or transfer any securities account of the Fund without the consent of the other party,
It is also prohibited to use any account of the Fund for activities other than the business of the Fund.
3. The Fund Manager shall open in the name of the Fund at the business outlet of the securities operating institution selected by the Fund Manager
Securities capital account, and ensure the establishment of one-to-one corresponding transfer relationship with the special bank custody account under the Fund.
The administrator shall hand over the account information, certificate code and password of the account to the custodian in writing
The administrator shall notify the custodian in writing in time in case of any change
Relevant changes. The securities operating institution shall open a securities exchange for the Fund in accordance with relevant laws, regulations and normative documents
Close the capital account and sign relevant agreements with the fund manager in accordance with the procedures and requirements of the securities operating institution for opening an account
Discussion.
4. The securities trading capital of the Exchange adopts the third-party depository mode, that is, it is used for all securities trading settlement funds
The amount shall be deposited in the securities capital account opened by the fund manager for the fund, and the clearing of securities trading capital on the market shall be conducted by
The securities company selected by the fund manager shall be responsible. The fund custodian is not responsible for handling the securities trading capital on the market
In the case of fund clearing, it is not responsible for keeping the funds deposited in the securities capital account.
5. After the effective date of this Custodian Agreement, the Fund is allowed to engage in the investment business of other investment varieties,
If the opening and use of relevant accounts are involved, they shall be opened, used and managed according to relevant regulations; In the absence of relevant regulations,
The Fund Custodian shall refer to and comply with the above provisions on account opening and use.
6. Special clearing account: the fund custodian is the designated depository of the fund with third-party depository qualification
A bank settlement account opened by a bank. The account has a unique correspondence with the custody account, and the administrator
The securities capital account opened by the fund shall establish a unique correspondence.
5、 Opening and management of bond custody account
After the Fund Contract comes into force, the Fund Custodian shall, in accordance with the People's Bank of China and the Central Government Securities Depository Trust Co., Ltd
The relevant provisions of the responsible company and the inter-bank market clearing house Co., Ltd. shall be registered and settled in the central government bonds
Limited liability companies and inter-bank market clearing houses Co., Ltd. open bond custody and settlement accounts, and
Settlement of inter-bank market bonds on behalf of the Fund.
6、 Opening and management of other accounts
1. Other accounts opened for business development may be opened in accordance with laws, regulations and fund contracts
It is stipulated that the Fund Custodian shall be responsible for the opening after the Fund Manager and the Fund Custodian discuss. New account is available
Use and manage relevant rules.
2. If there are other provisions on the opening and management of relevant accounts in laws and regulations, such provisions shall prevail
Handling.
7、 Custody of relevant valuable certificates of fund property investment
Valuable certificates such as physical securities, bank time deposit certificates and other certificates related to the investment of fund assets shall be deposited by the Fund
The custodian shall be responsible for safekeeping, and the custody certificates shall be held by the fund custodian, of which the physical securities shall be held by the fund custodian
The depository in the custodian bank shall be kept separately from other physical securities not belonging to the Fund; Can also be deposited
Register the depository of the clearing institution. The purchase and transfer of physical securities shall be managed by the Fund Custodian
Handle the instructions of the manager. Physical securities under the actual and effective control of the Fund Custodian are insured by the Fund Custodian
The Fund Custodian shall be liable for any damage or loss during the custody period. Fund Custodian to the Fund
Securities and other fund assets actually and effectively controlled by institutions other than the fund custodian shall not bear the custody responsibility.
8、 Custody of major contracts related to fund assets
The originals of major contracts signed by the Fund Manager on behalf of the Fund and related to the Fund shall be
Custody by the Manager and the Fund Custodian, unless otherwise restricted by relevant business procedures. Unless otherwise specified in the Agreement,
When signing major contracts related to the Fund on behalf of the Fund, the Fund Manager shall ensure that one side of the Fund holds two copies
The original of the above, so that the Fund Manager and the Fund Custodian each hold at least one original. fund
The manager shall timely encrypt the major contract or other methods agreed by both parties after the signing of the major contract
Fax to the Fund Custodian and deliver the original to the Fund Custodian within 10 working days. Major contracts
The storage period of shall not be less than the minimum period stipulated by laws and regulations. For those who cannot obtain more than two originals
The Fund Manager shall provide the Fund Custodian with a facsimile of the contract stamped with the authorized business seal
The original contract shall not be transferred if it is negotiated or not within the scope of the contract.
Part VI Sending, Confirmation and Execution of Instructions
The Fund Manager sends fund transfers and other payments to the Fund Custodian when using the Fund assets
The Fund Custodian implements the investment instructions of the Fund Manager and handles the fund transactions under the name of the Fund
Related matters.
The instructions sent by the fund manager include electronic instructions and paper instructions.
The electronic instructions include the electronic instructions sent by the fund manager (using the SZSE financial data exchange platform
Electronic instructions sent, electronic instructions sent through custodian online banking), automatically generated electronic instructions (entrusted
Electronic instructions automatically generated by the business management system through preset business rules). Once the electronic order is issued
It shall be deemed as legal and effective instruction upon delivery. The fund manager uses the SZSE financial data exchange platform and custody network
The fund custodian uniquely identifies the identity of the fund manager according to the User ID
The Manager shall keep the User ID properly. The Fund Custodian's identification will cause
The Fund Custodian shall not be liable for any loss of.
1、 Written authorization of the fund manager to the person who sends the paper order
1. The Fund Manager shall designate a special person to send instructions to the Fund Custodian.
2. The Fund Manager shall provide the Fund Custodian with a written authorization document, including the name of the authorized person
Form, reserved seal and signature of authorized person or sample of signature of authorized person, and the authorized document shall indicate the identity of authorized person
The permissions that should be.
3. After the Fund Custodian receives the original authorization document and confirms it by telephone to the Fund Manager
The document takes effect. If the authorization document specifies the specific effective time, the effective time shall not be earlier than the fund trust
The time when the custodian receives the authorization document and confirms it by telephone, if earlier, the time when the fund custodian receives the authorization document
The time point confirmed by telephone is the effective time of the authorization document.
4. The Fund Manager and the Fund Custodian are obliged to keep confidential the authorization documents, and their contents shall not be disclosed to the
Disclosed by anyone other than the authorizer and relevant operators, but otherwise stipulated by laws and regulations or the competent authority
Unless otherwise required.
2、 Content of instructions
1. Instructions include redemption, dividend payment instructions, repurchase due payment instructions, and investment related payments
Fund instructions and other fund transfer instructions.
2. The instructions issued by the Fund Manager to the Fund Custodian shall specify the reason for the payment, the time of payment and the time of receipt
Room, amount, account information (including the number of large amount payment bank of the receiving bank), etc., and paper instructions need to be stamped with a reserved seal
And signed by the authorized person.
3、 Time and procedure for sending, confirming and executing instructions
1. Sending of instructions
The Fund Manager shall send instructions electronically or by fax or by other Fund Managers and Funds Depository
The method confirmed by both parties.
The Fund Manager shall, in accordance with laws and regulations and the provisions of the Fund Contract
Send instructions within authority; The authorized person shall send instructions in strict accordance with his/her authorized authority. Compliance with the agreement for the authorized person
The fund manager shall not deny the validity of the order issued by the prescribed procedure. However, if the Fund Manager has withdrawn or
After changing the authorization of the person who sends the transaction order and the Fund Custodian confirms in accordance with this Agreement
The fund manager will not accept the orders that the sender of the trading order has no authority to send or the orders sent beyond his authority
Take responsibility, except that the authorization has been changed without informing the Fund Custodian and without confirmation by the Fund Custodian.
After the order is issued, the Fund Manager shall confirm it to the Fund Custodian by telephone in a timely manner.
For inter-bank market bond transactions, if the transactions generated by the inter-bank bookkeeping system need to be taken
In case of cancellation or termination, the Fund Manager shall notify the Fund Custodian in writing.
The Fund Manager shall send the investment transfer instruction to the Fund Custodian and confirm it by telephone one day before the transfer, such as
The investment transfer instruction shall be issued on the day when the transfer is required. When sending the instruction, the fund custodian shall reserve a place for executing the instruction
Necessary time. The instruction should be sent 2 working hours before the designated time of receipt (T+0 means
The deadline for sending is 15:00 on the same day), and confirm by phone. Due to the reason of the fund manager
The instruction is not transmitted in time and sufficient transfer time is not reserved, resulting in the funds not arriving in the account in time
The losses shall not be borne by the Fund Custodian.
2. Confirmation of instructions
The Fund Custodian shall designate a special person to receive the instructions of the Fund Manager and notify the Fund Manager of its name list in advance,
And negotiate with the fund manager on the method of sending and receiving instructions. After the order reaches the fund custodian, the fund custodian
A special person should be designated to verify the relevant content immediately and prudently. The paper instructions also need to verify the seal and signature. If there is any doubt
The Fund Manager shall be notified in a timely manner. The Fund Custodian only conducts formal review on the transfer instructions.
3. Execution of instructions
After the Fund Custodian has verified that the instructions are correct, it shall handle them in a timely manner.
The Fund Manager shall ensure that the Fund Custodian has sufficient fund balance in the fund account when executing the instruction
In case the fund fund position is sufficient, the fund custodian shall comply with the laws, regulations
The execution of the instructions of the contract and this agreement shall not be delayed or delayed. If the fund fund position is insufficient, the fund custodian
Immediately notify the Fund Manager, who shall make up the capital and notify the Fund Custodian to continue to implement the instruction,
If the time reserved for the execution of the order after the fund manager has replenished the funds is insufficient, or after the fund manager has replenished the funds
If the Fund Custodian is not notified to continue to execute the instruction, the Fund Custodian does not guarantee that the execution will be completed on the same day and will not assume responsibility;
If the Fund Manager fails to make up the capital, the Fund Custodian may refuse to execute the instruction, and the Fund Custodian shall not be liable for the
Liability for losses caused by failure to execute the instruction.
4、 The circumstances and handling procedures of the Fund Manager sending wrong instructions
The circumstances under which the fund manager sends wrong instructions include that the instruction sender has no right or exceeds his/her authority to send instructions
And delivery information error, unclear or incomplete important information in the order.
The Fund Custodian has the right to refuse to execute the instruction if it finds any error, and prompt the Fund Manager to correct it in time before
Implementation. If it is necessary to revoke the paper order, the fund manager shall issue a written statement, affix the business seal and
It shall be delivered to the custodian before the custodian executes the original order.
5、 The circumstances and handling procedures under which the Fund Custodian suspends or refuses to execute the order in accordance with laws and regulations
If the Fund Custodian finds that the Fund Manager's instructions violate laws, administrative regulations and other relevant provisions,
Or in violation of the provisions of the Fund Agreement, the Fund Manager shall be notified immediately after the suspension or refusal of the execution as the case may be,
And delivered to the custodian before the custodian executes the original order.
If the Fund Custodian finds that the effective instructions of the Fund Manager in accordance with the trading procedures violate the laws and administrative regulations
Where laws, regulations or other relevant provisions are violated, the Fund Manager shall be notified immediately.
6、 The handling method for the Fund Custodian's failure to follow the instructions of the Fund Manager
The Fund Custodian suffers from the interests of the Fund due to its failure to execute or wrong execution of the Fund Manager's instructions
If any damage is found, measures shall be taken in a timely manner to make up for it. If losses are caused to fund share holders
The Fund Custodian shall bear corresponding responsibilities according to law, and the instructions of the Fund Manager violate laws, administrative regulations and other provisions
With the exception of regulatory provisions or violations of the fund contract.
7、 Procedures for replacing authorized personnel
The fund manager shall change the authorized person, change or terminate the authorization to the authorized person at least one time in advance
The Fund Custodian shall be notified within three working days, and the Fund Manager shall fax the new authorized person's surname to the Fund Custodian
Name, authority, reserved seal and signature sample, and confirm by telephone in time to ensure that the Fund Custodian,
The authorization document takes effect. The Fund Manager shall send the original of the notice of authorization change to the Fund Manager within three working days thereafter
The content of the original copy of the custodian shall be completely consistent with that of the faxed copy. In case of any inconsistency, the faxed copy shall prevail.
Before the change notice of the authorized person takes effect, the Fund Custodian shall still execute the order as originally agreed, and the Fund Manager
Its validity shall not be denied.
The Fund Custodian shall notify the Fund Custodian at least one working day in advance of changing the personnel receiving the Fund Manager's instructions
Know the fund manager.
8、 Other matters
1. When receiving an order, the Fund Custodian shall check whether the elements of the order are complete, the seal and the authorized person
Check the consistency with the content of the reserved authorization document, and report to the fund management in time if any problem is found
People.
If the Fund Manager has revoked or changed the authorization of the person who sent the order and has notified the Fund Custodian
If the custodian confirms by telephone the fund custodian, the person who sends the order after the effective date of the change notice
The Fund Manager shall not be liable for the instructions that it is not authorized to send or sent beyond its authority.
2. After performing the supervision responsibility, the Fund Custodian shall implement the legal instructions of the Fund Manager and
No compensation liability shall be borne for the losses caused by the property.
Part VII Transaction and Settlement Arrangements
1、 Select a securities operating agency for securities trading
The Fund Manager shall be responsible for selecting and signing with the securities brokerage institutions that act as agents for the purchase and sale of the assets and securities of the Fund
To enter into a securities brokerage contract, and the fund manager, fund custodian and securities brokerage institution shall participate in the securities transaction for the fund
A separate agreement shall be signed for the specific matters of the Exchange, specifying the various types of securities of the three parties involved in the OTC securities trading of the Fund
Responsibilities and obligations in the process of securities trading, securities settlement, relevant capital settlement and transaction data transmission and reception.
The Fund Manager shall promptly submit the basic information such as the commission rate of the Fund's assets and the changes to it in a written form
Inform the Fund Custodian in face to facilitate the Fund Custodian's valuation accounting.
2、 Settlement arrangements after the fund invests in securities
1. Clearing and settlement
(1) Settlement arrangements after the fund invests in securities
The transactions of the Fund through securities brokerage institutions are represented by securities brokerage institutions as clearing participants
Settlement of the Fund; Other securities transactions of the Fund shall be settled by the Fund Custodian or relevant institutions.
(2) Stock Exchange Securities Fund Settlement
The Fund Custodian and the Fund Manager shall jointly abide by the relevant business rules and regulations formulated by Zhongdeng Company,
These rules and regulations automatically become the contents of this clause.
Before investing, the fund manager should fully know and understand that Zhongdeng Company formulates various transaction types
The settlement business rules and regulations of.
The securities brokerage agency completes the securities transaction and non transaction related certificates with the Zhongdeng Company on behalf of the Fund's property
Securities fund settlement business, and bear the failure of normal settlement and delivery business caused by securities brokerage institutions
Responsibility for completion; If the normal settlement business cannot be completed due to the fund manager, the responsibility shall be borne by
The fund manager shall undertake.
For any breach of securities capital delivery for any reason, the relevant parties shall timely negotiate for settlement.
2. Time and method of reconciliation of transaction records, capital and securities accounts
(1) Reconciliation of capital accounts
The fund account is verified by the fund manager and the fund custodian on a daily basis, and the account is consistent with the actual situation.
(2) Reconciliation of securities accounts
The Fund Manager and the Fund Custodian shall check the fund securities accounts at the end of each trading day to ensure that both accounts
The purpose is consistent. The Fund Manager and the Fund Custodian shall check the types and quantities in the securities accounts of the Exchange on time,
Ensure that the type and quantity of securities in the securities account are consistent with the records in the fund accounting book
To.
For the capital account and securities account, if the Fund Manager and the Fund Custodian are inconsistent
The cause shall be found and corrected actively.
3、 Basic Provisions on Fund Purchase and Redemption
1. The registration institution designated by the fund manager shall be responsible for the confirmation and liquidation of the subscription and redemption of fund units.
2. The Fund Manager shall transmit the data of subscription, redemption and conversion of open-ended funds on each open day
To the Fund Custodian. The Fund Manager shall transfer the data of subscription, redemption and conversion of open-ended funds
Be responsible for authenticity. The Fund Custodian shall timely check the receipt of subscription funds and transferred funds and
The fund manager instructs the timely transfer of redemption and transfer out funds.
3. The Fund Manager shall ensure that the registration institution entrusted by it must submit a copy of
The Financial Custodian shall send the above relevant data on the previous opening day and ensure the accuracy and completeness of the relevant data.
4. The registration authority shall send relevant data (including electricity) through the encryption system established with the fund custodian
Sub data), if the system cannot send normally due to various reasons, both parties can solve the problem through negotiation.
The data sent by the Fund Manager to the Fund Custodian shall be kept by both parties in accordance with relevant regulations.
5. If the Fund Manager entrusts other institutions to handle the registration business of the Fund, the above matters shall be handled by the Fund
The manager is responsible for and ensures that the above matters are carried out on time.
6. Establishment and management of special clearing account
In order to meet the needs of subscription, redemption and dividend capital remittance, the fund manager shall open a fund for clearing
Special account, which is managed by the registration agency.
7. The fund manager shall be responsible for the receivable assets generated in the process of fund purchase
The parties determine the date of receipt and notify the Fund Custodian that the fund property does not reach the fund account on the date of receipt,
The Fund Custodian shall timely notify the Fund Manager to take measures to collect the funds, which causes losses to the Fund,
The Fund Manager shall be responsible for recovering the losses of the Fund from the relevant parties.
8. Redemption and dividend fund allocation regulations
When the redemption money is allocated or the fund dividends are distributed, if the fund bank account has sufficient funds, the fund shall be placed in custody
It shall be appropriated on time; If the Fund Custodian fails to allocate relevant funds on time, the responsibility shall be borne by the Fund Custodian
Undertake.
Due to insufficient funds in the Fund's bank account, the Fund Custodian cannot make timely disbursement, such as
If it is caused by the fund manager, the responsibility shall be borne by the fund manager, and the fund custodian shall not assume the obligation of advance.
9. Fund instruction
Except that the subscription amount shall be reconciled by both parties according to the agreed method when it reaches the fund bank account, the funds shall be transferred out and redeemed
The Fund Manager shall issue instructions to the Fund Custodian when allocating dividend funds.
The format, content, sending, receiving and confirmation methods of capital orders are the same as those of investment orders,
Other parts shall be specified separately.
4、 Net settlement of redemption and purchase
Before 15:00 on T+1 day, the registration institution shall calculate the redemption of fund investors according to the net value of fund units on T day
For the Fund shares, the Fund Manager will summarize and transmit the effective data confirmed by the registration authority to the Fund Custodian.
The Fund Manager and the Fund Custodian shall carry out the fund accounting treatment of subscription and redemption accordingly. Fund subscription and redemption
Such funds shall be settled between the general clearing account of the fund manager and the fund bank account before T+3 days. Fund Custody
The capital clearing between the account and the fund clearing account follows the principle of "net clearing, net settlement", that is
According to the receivable funds (including subscription funds and fund transfer funds) of the custodian account on the current day and the payable funds of the custodian account
The difference of the amount (including redemption fund, redemption fee, fund conversion transfer out and conversion fee) to determine the custody account
The net receivable amount or net payable amount is used to determine the capital delivery amount. Current T day (T refers to the current working day of settlement)
When there is a net receivable amount of the escrow account, the fund manager is responsible for the net receivable amount of the escrow account at 15:00 on T day
Previously transferred from the fund clearing account to the fund custody account; When there is net payable amount of custody account on T date
The custodian bank shall transfer the net payable amount of the custodian account to the fund before 14:00 on T day according to the transfer instruction of the manager
Account settlement.
As for the fund receivables, the Fund Manager will transfer them in time and notify the Fund Custodian that
The custodian shall timely check and collect the funds, and notify the fund manager of the funds that have not been transferred on time
The responsible party shall bear the responsibility. A fund custodian with serious consequences shall report to the CSRC.
The Fund Custodian shall, in accordance with the instructions of the Fund Manager, transfer the funds payable in a timely manner. yes
The Fund Manager shall timely notify the Fund Custodian to transfer the funds that are not transferred on time, and the responsibilities arising therefrom
The responsible party shall bear the responsibility. Fund managers with serious consequences shall report to the CSRC.
In case of major redemption or other circumstances of suspending redemption or delaying payment of redemption funds specified in the fund contract
The payment method shall refer to the relevant provisions of the fund contract.
5、 Fund conversion
1. Before the Fund carries out conversion business with other funds managed by the Fund Manager
The Fund Custodian shall notify the Fund Custodian in writing about the time, procedure and custody agreement of relevant capital clearing and data transmission
The rights and responsibilities of the parties shall be discussed.
2. The Fund Custodian will conduct accounting treatment according to the fund conversion data transmitted by the Fund Manager.
3. The Fund's fund conversion business shall be announced on the specified media in accordance with relevant regulations.
6、 Fund cash dividends
1. The Fund Manager shall notify the Fund Custodian when determining the dividend plan, which shall be approved by both parties in the prescribed media
Announcement on.
2. After the fund custodian and the fund manager conduct accounting treatment and check on the fund dividend, the fund manager
The Manager shall send the transfer instruction of cash dividends to the Fund Custodian, and the Fund Custodian shall transfer the funds into the special fund in a timely manner
Use account.
3. When giving instructions, the Fund Manager shall allow the Fund Custodian the necessary time to transfer funds.
Part VIII Calculation and Accounting of Net Asset Value of the Fund
1、 Calculation and review procedures of the net asset value of the Fund
1. Net Asset Value of the Fund
The net asset value of the Fund refers to the value of the total assets of the Fund minus the liabilities of the Fund.
The net value of various fund units is calculated by dividing the net value of various fund assets by the current day after the market is closed on each working day
The balance of such fund units shall be calculated to the nearest 0.0001 yuan and rounded to the fifth decimal place
Enter. The Fund Manager may establish an emergency adjustment mechanism for the accuracy of net worth in the case of large redemption. Other countries
If it is stipulated, its provisions shall prevail.
The Fund Manager shall calculate the net asset value of the Fund and the net value of various fund units on each working day, and shall comply with the regulations
Final announcement.
2. Review procedure
The Fund Manager shall evaluate the assets of the Fund every working day, but the Fund Manager shall, in accordance with laws, regulations or
Except when the valuation is suspended as stipulated in the fund contract. After the fund manager evaluates the fund assets every working day,
Send the fund net value information result to the fund custodian, which will be managed by the fund after being checked by the fund custodian
It is announced to the public.
2、 Fund asset valuation methods and treatment of special circumstances
1. Valuation object
Bonds, asset-backed securities, treasury bond futures contracts, principal and interest of bank deposits, receivables owned by the Fund
Assets and liabilities such as funds and other investments.
2. Valuation method
(1) Valuation of securities listed on stock exchanges
① The fixed income varieties listed or transferred by the Exchange shall be selected from the third-party valuation machine on the valuation date
The net valuation price of the corresponding varieties on the current day provided by the Fund Manager shall be used for valuation
The fund custodian shall negotiate and agree otherwise;
② The fair value of the securities listed on the Exchange without an active market shall be determined by valuation techniques.
The fair value of asset-backed securities listed and transferred in the exchange market shall be determined by valuation techniques
If it is difficult to reliably measure the fair value, it shall be valued at cost.
(2) The fund invests in inter-bank deposit receipts, which are valued at the net valuation price provided by a third-party valuation agency on the valuation date;
If the selected third-party valuation agency does not provide a valuation price, it shall be valued at cost.
(3) For the initial public offering of unlisted bonds, the fair value is determined using valuation techniques
If it is difficult to reliably measure the fair value, it shall be valued at cost.
(4) Fixed income varieties such as bonds and asset-backed securities traded in the national inter-bank bond market
Take the estimated net price of the corresponding varieties provided by the third-party valuation agency on the valuation date. For inter-bank market
Bonds that are not listed and whose valuation price is not provided by a third-party valuation agency
If there is no obvious difference in the rate and there is no significant change in the market interest rate during the unlisted period
Valuation.
(5) Where the same bond is traded in two or more markets at the same time, it shall be classified according to the market where the bond is located
Do not value.
(6) Treasury bond futures contracts are generally valued at the settlement price on the valuation day, and there is no settlement price on the valuation day
If there is no significant change in the economic environment after the latest trading day, the settlement price of the latest trading day shall be used for valuation.
(7) In case of large amount subscription or redemption, the fund manager can adopt the swing pricing mechanism to
Ensure the fairness of fund valuation.
(8) Time deposits or call deposits held by banks are listed as principal, and those listed in accordance with the deposit agreement
The total amount of interest or the agreed interest rate is accrued every natural day.
(9) If there is conclusive evidence that the above method of valuation cannot objectively reflect its fair value,
The Fund Manager may, after consultation with the Fund Custodian according to the specific circumstances, determine the price that best reflects the fair value
Valuation.
(10) If there are mandatory provisions in relevant laws and regulations and regulatory authorities, such provisions shall prevail. If there is anything new
The valuation is based on the latest national regulations.
If the fund manager or the fund custodian finds that the fund valuation violates the valuation method specified in the fund contract
If the procedures and relevant laws and regulations fail to fully protect the interests of fund share holders
Inform the other party, find out the reason together, and the two parties will solve it through consultation.
According to relevant laws and regulations, the obligation of calculating the net asset value of the fund and accounting of the fund is managed by the fund
People bear. The fund manager is the fund accounting responsible party of the Fund, so it is related to the Fund
If the relevant parties cannot reach an agreement on accounting issues after full discussion on an equal basis,
The fund manager shall publish the calculation results of the fund net value information to the public.
3、 Treatment of valuation errors
The Fund Manager and the Fund Custodian will take necessary, appropriate and reasonable measures to ensure the valuation of the Fund assets
The accuracy and timeliness of the value. When the net value of any type of fund unit is within 4 decimal places（
Including the fourth), it shall be deemed as the net value error of such fund units.
The parties to the fund contract shall deal with it in accordance with the following provisions:
1. Type of valuation error
During the operation of the Fund, if the Fund Manager or the Fund Custodian, or the registration authority, or
Where the error in valuation is caused by the fault of the sales agency or the investor itself, causing losses to other parties,
The person responsible for the fault shall be liable for the direct loss of the party suffering losses due to the valuation error ("the injured party")
If it fails to comply with the following "Principles for Handling Valuation Errors", it shall be compensated and liable for compensation.
The main types of the above valuation errors include but are not limited to: data declaration errors, data transmission errors
Data calculation error, system failure error, order issuing error, etc. For errors caused by technical reasons,
If the existing technical level of the same industry is unforeseeable, unavoidable and insurmountable, it is force majeure
The following provisions shall apply.
The trading information of the fund share holder is lost or wrongly handled or destroyed due to force majeure
In case of any other error, the party making the error due to force majeure shall not be liable for compensation to other parties,
However, the party who obtained the unjust enrichment due to the error shall still have the obligation to return the unjust enrichment.
2. Principles for handling valuation errors
(1) When the valuation error has occurred but has not caused losses to the parties, the party responsible for the valuation error shall
Coordinate all parties in a timely manner and make corrections in a timely manner. The costs incurred due to the correction of valuation errors shall be borne by the party responsible for the valuation errors
Undertaking; Loss caused to the parties due to the failure of the responsible party to timely correct the valuation errors that have occurred
The party responsible for the valuation error shall be liable for the direct loss; If the responsible party for the valuation error has been active
And the party who has the obligation to assist has enough time to make corrections but fails to make corrections, it shall
And bear corresponding liability for compensation. The party responsible for the valuation error shall confirm the correction to the relevant parties
Insurance valuation errors have been corrected.
(2) The party responsible for the valuation error shall be responsible for the direct losses of the parties concerned, not for the indirect losses,
And it is only responsible for the direct parties involved in the valuation error, not the third party.
(3) The party who has obtained the unjust enrichment due to the valuation error has the obligation to return the unjust enrichment in a timely manner.
However, the party responsible for the valuation error shall still be responsible for the valuation error. If the party who has obtained improper benefits does not return
If the improper enrichment is returned or not returned in full, resulting in the loss of interests of other parties ("the injured party")
The party responsible for the value error shall compensate the loss of the injured party, and within the scope of the compensation amount paid by it
The party who is entitled to unjust enrichment has the right to demand the delivery of unjust enrichment; If the party obtaining the unjust enrichment has
After returning such unjust enrichment to the aggrieved party, the aggrieved party shall add the amount of compensation it has received
The difference between the total of the unjust enrichment returns obtained and the actual loss shall be paid to the valuation error liability
Party A.
(4) The adjustment of valuation errors shall be made in the way of recovering to the correct situation assuming no valuation errors.
3. Valuation error handling procedure
After the valuation error is found, the relevant parties shall deal with it in a timely manner, and the handling procedures are as follows:
(1) Find out the causes of valuation errors, list all parties involved, and
Determine the responsible party for the valuation error;
(2) Losses caused by valuation errors according to the principle of handling valuation errors or the method negotiated by the parties
Conduct evaluation;
(3) According to the principle of handling valuation errors or the method negotiated by the parties concerned, the party responsible for valuation errors shall
Correction and compensation of losses;
(4) If it is necessary to modify the transaction data of the fund registration agency according to the method of handling valuation errors
The gold registration authority shall make corrections and confirm the correction of valuation errors to the relevant parties.
4. The method for handling errors in the valuation of the net value of fund units is as follows:
(1) In case of any error in the calculation of the net value of any type of fund unit, the Fund Manager shall immediately correct it,
Inform the Fund Custodian and take reasonable measures to prevent further losses.
(2) The calculation error deviation of the net value of fund units of various fund units reaches the net value of such fund units
At 0.25%, the Fund Manager shall notify the Fund Custodian and report to the CSRC for filing; Error deviation reaches
When the net value of such fund units is 0.50%, the fund manager shall make an announcement and report to the CSRC for filing.
(3) If the above contents are otherwise stipulated by laws and regulations or regulatory authorities, they shall be handled in accordance with their provisions. If line
There is a common practice in the industry. On the premise of not violating laws and regulations and not damaging the interests of investors, the fund manager
The Fund Custodian and the Fund Custodian shall renegotiate on the principle of equality and protection of the interests of Fund Unitholders
principle.
4、 Suspension of valuation
1. The securities, futures trading market or foreign exchange market involved in the Fund's investment meets statutory holidays or
When the business is suspended for other reasons;
2. The Fund Manager and the Fund Custodian are unable to accurately assess the value of the Fund assets due to force majeure;
3. When specific assets account for more than 50% of the net asset value of the fund on the previous valuation date
After consultation and confirmation, the Fund Manager shall suspend the valuation;
4. Other circumstances identified by laws and regulations, CSRC regulations and the fund contract.
5、 Fund accounting system
The accounting system stipulated by relevant national departments shall be followed.
6、 Establishment of fund account book
The Fund Manager shall conduct fund accounting and prepare fund financial accounting reports. Fund Manager, Fund Manager
The Fund Custodian shall independently set up, record and keep the full set of account books of the Fund. If the Fund Manager and the Fund Manager
If the fund custodian disagrees with the accounting treatment method, the treatment method of the fund manager shall prevail. If the day
The calculation and announcement of the net fund value information are affected by the discrepancy after verification and the reason for the wrong account cannot be found for the time being,
The account book of the Fund Manager shall prevail.
7、 Preparation and review of fund financial statements and reports
1. Preparation of financial statements
The Fund Manager shall timely prepare and provide a true and complete financial and accounting report of the Fund. month
The Fund Manager shall complete the preparation of the financial statements within 5 working days of each month; The quarterly report shall be
The quarterly report shall be prepared and announced within 15 working days from the end of the year; The interim report should be in the first half
The preparation shall be completed and announced within two months from the end of the year; The annual report shall start from the end of each year
The preparation shall be completed and announced within three months. The financial report in the annual report of the Fund shall be audited.
If the fund contract takes effect for less than 2 months, the fund manager may not prepare the current quarterly report and interim report
Or annual report.
2. Statement review
The Fund Manager shall timely complete the preparation of the statements and provide the relevant statements to the Fund Custodian for review; If
The information of major changes in the prospectus of the Fund does not fall within the scope of the legal review responsibility of the Fund Custodian and
If the Fund Custodian does not have relevant information, it is not necessary to review it by the Fund Custodian; The Fund Custodian is in the review process
If the statements of both parties are found to be inconsistent, the Fund Manager and the Fund Custodian shall jointly identify the reasons,
The adjustment shall be subject to relevant national regulations. The Fund Manager shall allow sufficient time to
The financial custodian shall review relevant statements and reports. The Fund Custodian's financial statements, quarterly reports and interim reports
After the review of the report or annual report is completed, the review confirmation letter (seal) or other documents agreed by both parties shall be issued
Confirm the method for the review and inspection of relevant documents by competent authorities. Between the Fund Manager and the Fund Custodian
The above documents shall be exchanged by fax or other methods agreed by both parties.
When the Fund Custodian finds discrepancies in the statements of both parties during the review process, the Fund Manager and the Fund Custodian
The fund custodian shall jointly find out the reasons and make adjustments, which shall be subject to the accounting treatment method agreed by both parties;
If both parties cannot reach an agreement, the accounting treatment of the fund manager shall prevail. After verification, the fund shall be placed in custody
The Fund Manager shall make written or electronic confirmation to the Fund Manager. If the Fund Manager and the Fund Custodian cannot
The Fund Manager shall have the right to reach an agreement on the relevant statements before the date of the announcement, and the Fund Manager shall have the right to
The Fund Custodian has the right to report relevant information to the CSRC for filing.
8、 The Fund Manager shall submit the quarterly report, interim report or annual report to the Fund Trust
The administrator provides the basic data and compilation results of the fund performance benchmark.
Part IX Distribution of Fund Income
1、 Composition of fund profits
Fund profit refers to fund interest income, investment income, income from changes in fair value and other income deduction
As for the balance after expenses, the realized income of the fund refers to the balance of the fund profit minus the income from changes in fair value.
2、 Profit available for distribution of the fund
The distributable profit of the fund refers to the undistributed profit and undistributed profit of the fund as of the base date of income distribution
The lower of the realized income.
3、 The distribution of fund income shall follow the following principles:
1. On the premise of meeting the conditions for fund dividends, the fund manager can carry out
For income distribution, the specific distribution plan shall be subject to the announcement. If the Fund Contract takes effect less than 3 months ago, it may not be entered into
Bank income distribution;
2. There are two ways of income distribution of the Fund: cash dividends and dividend reinvestment. Investors can
Fund units can choose different dividend methods, and investors can choose cash dividends or automatically convert cash dividends into similar ones
Reinvestment shall be carried out according to the type of fund shares; If the investor does not choose, the default income distribution method of the Fund is
Cash Dividend;
3. After the distribution of fund income, the net value of various fund units cannot be lower than the par value; That is, the benchmark of fund income distribution
The net value of various fund units on the day minus the amount of income distribution per unit of such fund units cannot be lower than the par value;
4. Each fund unit category of the Fund has different fees, and its corresponding distributable income may include
Is different. Each fund unit of the same category shall enjoy the same distribution right;
5. If laws and regulations or regulatory agencies have other provisions, such provisions shall prevail.
Without affecting the interests of Fund Unitholders, the Fund Manager may
Under the premise of adjusting the above fund income distribution principles as appropriate, this adjustment does not need to convene a fund share holder
Yes, but it shall be announced in the specified media before the change implementation date.
4、 Income distribution scheme
The fund income distribution plan shall specify the distributable profits and fund income as of the base date of income distribution
Distribution object, distribution time, distribution amount and proportion, distribution method, etc.
5、 Determination, announcement and implementation of income distribution plan
The income distribution plan of the Fund shall be formulated by the Fund Manager and reviewed by the Fund Custodian
The relevant provisions of the Disclosure Measures are announced in the specified media.
6、 Expenses incurred in fund income distribution
The dividend reinvestment method is adopted for income distribution, and the reinvestment fee is exempted.
The bank transfer or other handling fees incurred in the distribution of fund income shall be borne by the investors themselves. Dang Tou
When the cash dividend of the investor is less than a certain amount and is insufficient to pay the bank transfer or other handling fees, the fund shall register
A bookkeeping institution may automatically convert the cash dividends of fund share holders into corresponding fund shares. Dividend reinvestment
The calculation method of capital and other related matters shall comply with the relevant provisions of the Business Rules.
7、 Income distribution during the implementation of side pocket mechanism
If the Fund implements the side pocket mechanism, the side pocket account will not carry out income distribution, as detailed in the prospectus.
Part X Fund Information Disclosure
1、 Confidentiality obligations
The Fund Custodian and the Fund Manager shall disclose information in accordance with laws, regulations and relevant provisions of the Fund Agreement,
The information to be publicly disclosed shall be kept confidential before public disclosure. Except according to the Fund Law and Liquidity Risk Management
In addition to the information disclosure in the Administrative Provisions, the Information Disclosure Measures, the Fund Contract and other relevant provisions, the Fund
The Manager and the Fund Custodian shall
Confidentiality.
The Fund Manager and the Fund Custodian shall, in addition to legally performing the provisions of laws and regulations, the Fund Agreement and this Agreement
Shall not use or make use of the confidential information of the Fund known to it for other purposes except as necessary for its obligations under
The confidential information shall be limited to the staff who need to know the confidential information in order to perform the above obligations.
However, the following circumstances shall not be deemed as breach of confidentiality obligations by the Fund Manager or the Fund Custodian:
1. Confidential information is disclosed, divulged or made public for reasons other than those of the Fund Manager and the Fund Custodian;
2. The Fund Manager and the Fund Custodian shall abide by and obey the court judgment or ruling, arbitration award or
Information disclosure or disclosure made by the order and decision of the CSRC and other regulatory agencies.
2、 Contents of information disclosure
Information disclosure of funds mainly includes fund prospectus, fund contract, fund custody agreement and fund
Summary of product data, announcement of fund unit sale, announcement of fund contract effectiveness, fund net value information, fund shares
Amount subscription, redemption price, regular fund report (including annual report, interim report and quarterly report), temporary
Report, clarification announcement, resolution of the general meeting of fund share holders, liquidation report, investment in treasury bond futures
Announcement, announcement related to investment in asset-backed securities, information disclosure during the implementation of side pocket mechanism and CSRC
Other information specified. The financial accounting report of the Fund's annual report shall be submitted to the securities and futures related industries
Audit by certified public accountants. The Fund Custodian shall, in accordance with relevant laws and regulations
Provisions and the Fund Contract on the net asset value of the Fund and various fund shares prepared by the Fund Manager
Net value, purchase and redemption prices of various fund units, regular fund reports, updated prospectus, fund assets
Review and review relevant fund information publicly disclosed, such as product data summary and fund liquidation report, and report to the
The fund manager shall confirm in writing or electronically.
3、 Responsibilities and information disclosure procedures of the Fund Custodian and the Fund Manager in information disclosure
1. Responsibilities
The Fund Custodian and the Fund Manager shall protect the interests of the Fund Unitholders in the process of information disclosure
For the purpose, be honest and keep secrets strictly. The Fund Manager is responsible for handling the information disclosure related to the Fund,
The matters that should be reviewed by the Fund Custodian as prescribed in Article 2 of this Chapter shall be reviewed by the Fund Custodian without error,
It shall be announced by the fund manager.
The fund manager shall, within the time limit prescribed by the CSRC, pass the fund information to be disclosed
China Securities Regulatory Commission stipulates media disclosure. Information that should be publicly disclosed by the Fund Custodian according to laws and regulations
The administrator will make public disclosure through the specified media.
The Fund Custodian shall issue a report on the custody of the Fund in accordance with the Fund Law and the relevant provisions of the CSRC.
The report of the Fund Custodian describes the performance of the Fund Agreement by the Fund Custodian and the Fund Manager for the semi annual/annual period,
It is an integral part of the Fund's interim report and annual report.
The Fund Manager and the Fund Custodian may suspend or delay the disclosure of fund information in the following circumstances:
(1) Force majeure;
(2) The securities, futures trading market or foreign exchange market involved in the Fund's investment meets statutory holidays or
When the business is suspended for other reasons;
(3) Suspension of valuation as agreed in the fund contract;
(4) Laws and regulations, fund contract or the situation stipulated by the CSRC.
2. Procedure
Information disclosure documents that are subject to review by the Fund Custodian according to relevant regulations shall be drafted by the Fund Manager and reviewed by
The Fund Manager shall make an announcement after the review by the Fund Custodian. In case of any event required to be disclosed in the fund contract,
Published in accordance with the provisions of the fund contract.
3. Storage of information text
After the release of the information that must be disclosed according to law, the Fund Manager and the Fund Custodian shall comply with the relevant laws and regulations
Regulations require that information be kept at the company's domicile for public reference and reproduction.
Investors can consult the above documents for free. The above documents can be obtained within a reasonable time after paying the cost of production
A copy or photocopy of. The Fund Manager and the Fund Custodian shall guarantee the contents of the text and the announced contents
Exactly the same.
Part XI Fund expenses
1、 Management fee of fund manager
The management fee of the Fund is accrued at the annual fee rate of 0.30% of the net asset value of the Fund on the previous day. Calculation of management fee
The method is as follows:
H ＝ E × 0.30% ÷ days of the year
H is the daily accrued fund management fee
E is the net asset value of the fund on the previous day
The fund management fee is accrued daily, accumulated day by day to the end of each month, and paid monthly. After the Fund Manager and
After the Fund Custodian has checked the consistency, the Fund Custodian will work five days from the first day of the next month according to the transfer instructions of the Manager
One time payment from the fund property to the fund manager in accordance with the designated account path within the working day. In case of legal festival
For holidays, public holidays, etc., the payment date shall be postponed.
2、 Custody fees of the Fund Custodian
The custody fee of the Fund is accrued at an annual fee rate of 0.05% of the net asset value of the Fund on the previous day. Calculation of custody fee
The calculation method is as follows:
H ＝ E × 0.05% ÷ days of the year
H is the fund custody fee that should be accrued every day
E is the net asset value of the fund on the previous day
The fund custody fee is accrued daily, accumulated day by day to the end of each month, and paid monthly. After the Fund Manager and
After the Fund Custodian has checked the consistency, the Fund Custodian will work five days from the first day of the next month according to the transfer instructions of the Manager
One time withdrawal from the fund assets in accordance with the designated account path within the working day. In case of legal holidays and public holidays
And the payment date shall be postponed.
3、 Sales service fee
The Fund has Class A fund shares and Class C fund shares. Class A fund units do not receive sales services
Fee, the sales service fee for Class C fund units shall be 0.30% of the net asset value of Class C fund units on the previous day
Accrual of annual fee rate.
The calculation method is as follows:
H ＝ E × 0.30% ÷ days of the year
H is the daily accrued sales service fee for Class C fund units
E is the net asset value of the fund on the previous day for Class C fund units
The sales service fee for Class C fund units is calculated daily, accumulated to the end of each month day by day, and paid monthly
After the Fund Manager and the Fund Custodian have checked the consistency, the Fund Custodian shall, in accordance with the transfer instructions of the Manager
Withdrawal from the fund assets in a lump sum in accordance with the designated account path within 5 working days from the date of withdrawal. In case of legal holidays
Public holidays, etc., the payment date shall be postponed.
4、 Before the initial payment of the fund management fee, the fund manager shall issue an official letter to the custodian to designate the fund
The collection account of the fund management fee. If the fund manager needs to change this account, it shall submit it to the custodian 5 working days in advance
A written notice of the change of the collection account shall be issued.
5、 Information disclosure fees related to the fund after the fund contract takes effect
Accounting fees, attorney fees, arbitration fees and legal fees, fund share holders' meeting fees
Funds' securities and futures trading fees, funds' bank remittance fees, securities accounts, futures settlement accounts
Fees, bank account maintenance fees and other fees that can be included in accordance with relevant national regulations are managed by the fund
The Fund Custodian and the Fund Custodian shall, in accordance with the provisions of relevant laws and regulations and corresponding agreements, be included in or amortized into the current fund expenses.
6、 Items not included in fund expenses
Expenses or funds incurred by the Fund Manager and the Fund Custodian due to failure to perform or fail to fully perform their obligations
The loss of gold property and the expenses incurred in handling matters unrelated to the operation of the fund are not included in the fund expenses.
The lawyer's fees, accountant's fees and information disclosure fees before the Fund Contract takes effect shall not be disbursed from the Fund assets.
7、 Fund expenses during the implementation of the side pocket mechanism
If the Fund implements the side pocket mechanism, the expenses related to the side pocket account can be disbursed from the side pocket account, but
It can be disbursed only after the assets of the side pocket account are realized, and the relevant fees can be charged or reduced as appropriate, but cannot be charged
See the provisions of the Prospectus or relevant announcements for details of fees and other fees.
8、 Violation handling method
The Fund Custodian finds that the Fund Manager violates the Fund Law, the Fund Contract, the Operating Measures and
The Fund Custodian may request the Fund Manager to explain when the relevant provisions of the Fund Fund Fund Fund Manager stipulate the expenses to be disbursed from the Fund assets
The Fund Custodian may refuse to pay if the Fund Manager has no justified reason.
Part XII Registration and Custody of the Register of Fund Unitholders
The contents of the register of fund unit holders shall at least include the names of the holders and the fund units they hold. base
The register of gold unit holders shall be prepared and kept by the fund registration and clearing institution in accordance with the instructions of the fund manager. base
The Fund Custodian has the right to request the Fund Manager to provide a list of Fund Unitholders, which the Fund Manager shall provide in a timely manner,
Do not delay or refuse to provide.
The Fund Manager and the Fund Custodian shall properly keep the register of fund unit holders for a period not less than
The minimum period stipulated by laws and regulations. The Fund Custodian shall not use the register of Fund Unitholders kept for
Other purposes other than fund custody business, and shall comply with confidentiality obligations. If the Fund Manager or Fund Custodian
If the register of fund share holders cannot be properly kept due to their own reasons, they shall bear their own responsibilities in accordance with the relevant laws and regulations
Responsibilities.
Before the Fund Custodian requests or prepares the interim report and annual report, the Fund Manager shall submit the relevant information
It shall not be unreasonably refused or delayed when delivered to the Fund Custodian, and its authenticity, accuracy and completeness shall be guaranteed
Sex. The Fund Custodian shall not use the register of Fund Unitholders in its custody for other purposes other than fund custody business
Other purposes, and shall abide by the confidentiality obligation.
Part XIII Preservation of Fund Related Documents and Archives
1、 Archive keeping
The Fund Manager shall keep records, account books, statements and other relevant information on the business activities of fund property management
Materials. The fund custodian shall keep records, account books, statements and other relevant materials of the fund custody business activities.
Both the Fund Manager and the Fund Custodian shall keep them for the prescribed period. The storage period shall not be less than laws and regulations
The minimum deadline set.
2、 Establishment of contract archives
1. After the Fund Manager signs a major contract, it shall promptly deliver the original of the contract to the Fund Custodian
People.
2. The Fund Manager shall promptly submit the contracts and agreements related to the accounting treatment and fund allocation of the Fund
Fax the Fund Custodian.
3、 Change and assistance
If the Fund Manager or the Fund Custodian is changed, the party that has not changed is obliged to assist in the reception after the change
Personnel shall receive corresponding documents.
4、 The Fund Manager and the Fund Custodian shall keep the original vouchers, accounting vouchers
Fund account books, transaction records and important contracts shall be kept confidential for a period not less than laws and regulations
The minimum deadline set.
Part XIV Replacement of Fund Manager and Fund Custodian
1、 Replacement of Fund Manager
1. Conditions for replacement of the Fund Manager
Under any of the following circumstances, the duties of the fund manager shall be terminated:
(1) Having been disqualified from fund management according to law;
(2) Dismissed by the general meeting of fund unit holders;
(3) It is dissolved, canceled or declared bankrupt according to law;
(4) Other circumstances stipulated by laws and regulations, CSRC and the Fund Contract.
2. Replacement procedure of fund manager
The replacement of the Fund Manager must be carried out in accordance with the following procedures:
(1) Nomination: The temporary fund manager shall hold more than 10% (including
10%) Fund share holders of fund shares shall solicit candidates for nomination of new fund managers
Nominated candidates are more than 10% (including 10%) held by the temporary fund manager and fund custodian alone or in total
Composition of candidates nominated by fund share holders of fund units;
(2) Resolution: The General Meeting of Fund Unitholders shall, within 6 months after the termination of the duties of the original Fund Manager
The new Fund Manager nominated shall form a resolution, which shall be submitted to the Fund Unitholders attending the meeting
More than two thirds (including two thirds) of the voting rights shall be voted and shall take effect from the date of voting
The Fund Manager shall meet the qualification conditions prescribed by laws and regulations and the CSRC;
(3) Temporary fund manager: before the new fund manager is appointed, the temporary fund manager shall be
Managers, fund custodians, and fund units that individually or collectively hold more than 10% (including 10%) of fund units
The CSRC shall select the best candidates from the nominees to appoint the temporary fund according to the Fund Law
Financial administrator. Fund managers, fund custodians, individually or jointly holding more than 10% (including 10%) of funds
If none of the fund unit holders of units has nominated, the CSRC shall appoint a temporary fund manager;
(4) Filing: the resolution of the general meeting of fund share holders to change the fund manager must be reported to the CSRC for filing
Case;
(5) Announcement: After the replacement of the Fund Manager, the Fund Custodian shall replace the Fund Manager's shares of the Fund
The resolution of the general meeting of shareholders shall be announced in the specified media within 2 days after it takes effect;
(6) Handover and responsibility division: If the responsibilities of the Fund Manager are terminated, the Fund Manager shall properly keep the Fund
Information on fund management business, timely handling fund management business with the temporary fund manager or the new fund manager
The temporary fund manager or the new fund manager shall accept the handover procedures in a timely manner. New fund manager or temporary
The Fund Manager shall check the total value and net value of the Fund's assets with the Fund Custodian;
(7) Audit: if the duties of the fund manager are terminated, the fund manager shall employ an accountant in accordance with laws and regulations
The Institute shall audit the fund assets, announce the audit results, and report to the CSRC for filing at the same time;
(8) Change of fund name: after the change of fund manager, if the original or new fund manager requires,
The name words related to the original fund manager in the fund name shall be replaced or deleted as required.
2、 Replacement of Fund Custodian
1. Conditions for replacement of the Fund Custodian
Under any of the following circumstances, the duties of the Fund Custodian shall be terminated:
(1) The fund custody qualification is canceled according to law;
(2) Dismissed by the general meeting of fund unit holders;
(3) It is dissolved, canceled or declared bankrupt according to law;
(4) Other circumstances stipulated by laws and regulations, CSRC and the Fund Contract.
2. Procedures for replacing the Fund Custodian
(1) Nomination: The new Fund Custodian is held by the Fund Manager or more than 10% (including
10%) Nomination of fund unit holders of fund units;
(2) Resolution: The General Meeting of Fund Unitholders shall, within 6 months after the termination of the duties of the Fund Custodian
The Fund Custodian shall form a resolution, which shall be subject to the voting rights held by the Fund Unitholders attending the meeting
More than two thirds (including two thirds) of the fund is approved by voting, and the resolution will take effect from the date of approval
The custodian shall meet the qualifications prescribed by laws and regulations and the CSRC;
(3) Temporary Fund Custodian: Before the new Fund Custodian is appointed, the CSRC shall appoint a temporary fund custodian
Gold custodian;
(4) Filing: the resolution of the general meeting of fund share holders to change the fund custodian must be reported to the CSRC for filing;
(5) Announcement: After the replacement of the Fund Custodian, the Fund Manager shall change the Fund shares of the Fund Custodian
The resolution of the general meeting of shareholders shall be announced in the specified media within 2 days after it takes effect;
(6) Handover and responsibility division: If the duties of the Fund Custodian are terminated, it shall properly keep the Fund assets and
Information on fund custody business, timely handling the transfer procedures of fund assets and fund custody business, and new fund custody
The custodian or temporary fund custodian shall take over in a timely manner. New Fund Custodian or Temporary Fund Custodian and Fund
The fund manager checks the total value and net value of the fund assets;
(7) Audit: If the duties of the Fund Custodian are terminated, an accounting firm shall be employed in accordance with laws and regulations
The financial office shall audit the fund assets, announce the audit results and report to the CSRC for filing.
3. Conditions and procedures for simultaneous replacement of the Fund Manager and the Fund Custodian.
(1) Nomination: if the Fund Manager and the Fund Custodian change at the same time
Fund share holders with more than 10% (including 10%) of total fund shares nominate new fund managers and fund custody
People;
(2) The replacement of the Fund Manager and the Fund Custodian shall be carried out in accordance with the above procedures respectively;
(3) Announcement: The new Fund Manager and the new Fund Custodian shall change the Fund Manager and the Fund
After the resolution of the general meeting of fund unit holders of the custodian takes effect, it shall be regulated in accordance with the relevant provisions of the Information Disclosure Measures
Joint announcement on fixed media.
3、 The new fund manager or temporary fund manager receives the fund management business, or the new fund custodian
The former Fund Manager or the former Fund Custodian
The fund custodian shall continue to perform relevant duties in accordance with laws and regulations and the provisions of the fund contract, and ensure that it will not
The act of harming the interests of fund share holders. Succession of the former fund manager or the former fund custodian
During the period of continuing to perform relevant duties, he is still entitled to collect fund management fees or fund custody fees in accordance with the provisions of the fund contract.
4、 The provisions of this Part on the conditions and procedures for the replacement of the Fund Manager and the Fund Custodian
References to laws, regulations or regulatory rules, such as the relevant contents caused by the modification of laws, regulations or regulatory rules in the future
In case of cancellation or change, the Fund Manager and the Fund Custodian can directly compare with each other after reaching an agreement and making an announcement in advance
The contents shall be modified and adjusted without convening a general meeting of fund share holders for deliberation.
Part XV Prohibited Acts
The behaviors prohibited by the parties to the custody agreement include but are not limited to:
1、 The Fund Manager and the Fund Custodian confuse their own property or other people's property with the Fund property from
Securities investment.
2、 The fund manager unfairly treats different fund assets under its management, and the fund custodian unfairly
Treat different fund assets under its custody.
3、 The Fund Manager and the Fund Custodian are the Fund Unitholders by taking advantage of the Fund assets or their positions
A third party other than.
4、 The Fund Manager and the Fund Custodian promise the Fund Unitholders gains or bear losses in violation of regulations.
5、 The Fund Manager and the Fund Custodian disclose to others any information that has not been disclosed in accordance with laws and regulations
Information disclosed publicly in the manner prescribed by regulations.
6、 The Fund Manager issues investment orders and redemption
Transfer instructions of dividend funds, or issuing instructions to the fund custodian in violation of regulations.
7、 The Fund Manager and the Fund Custodian are not independent in administration and finance, and their senior managers and
Other employees take part-time jobs with each other.
8、 The Fund Custodian privately uses or disposes of the Fund assets, according to the legal instructions of the Fund Manager
Except for the disposal stipulated in the gold contract or custody agreement.
9、 The fund assets shall be used for the following investments or activities:
1. Underwriting securities;
2. Lending or providing guarantee to others in violation of regulations;
3. Investment with unlimited liability;
4. Buying and selling other fund units, except as otherwise stipulated by the CSRC;
5. Make capital contributions to its fund manager and fund custodian;
6. Engaging in insider trading, manipulating securities trading prices and other improper securities trading activities;
7. Other activities prohibited by laws, administrative regulations and the CSRC.
Laws and regulations or regulatory authorities cancel or change the above prohibitive provisions, if applicable to the Fund
After the Manager has reached an agreement with the Fund Custodian and performed appropriate procedures, the Fund's investment will no longer be subject to relevant restrictions
Or follow the changed regulations.
10、 Other acts prohibited by laws and regulations and the Fund Contract, as well as relevant acts in accordance with laws and administrative regulations
Provisions of the CSRC prohibit fund managers and fund custodians from engaging in other acts.
Part XVI Change and Termination of Custody Agreement and Liquidation of Fund Assets
1、 Change procedure of custody agreement
The parties to this agreement may amend the agreement upon consensus. The revised new agreement, which
The contents shall not conflict with the provisions of the Fund Agreement. Changes to the Fund Custody Agreement shall be reported by the Fund Manager
Recorded by China Securities Regulatory Commission.
2、 Termination of Fund Custody Agreement
1. Termination of the Fund Contract;
2. The Fund Custodian is dissolved, revoked, bankrupt or other Fund Custodian takes over the Fund assets;
3. The Fund Manager is dissolved, revoked, bankrupt or taken over by another Fund Manager
Right;
4. In case of termination under laws and regulations or fund contract.
3、 Liquidation of fund assets
1. Fund asset liquidation team: 30 working days from the date of termination of the Fund Contract
The fund manager or temporary fund manager shall organize the fund assets liquidation group and
The fund liquidation shall be carried out under the supervision of the CSRC.
2. Before the fund assets liquidation team takes over the fund assets, the fund manager or temporary fund manager
And the Fund Custodian shall continue to protect the security of the Fund's assets in accordance with the provisions of the Fund Contract and the Custodian Agreement
Responsibilities of.
3. Composition of the Fund assets liquidation group: the members of the Fund assets liquidation group are the Fund Manager or the Provisional Fund
Fund managers, fund custodians, certified public accountants and lawyers qualified to engage in securities and futures related businesses
And the personnel designated by the CSRC. The Fund assets liquidation team may employ necessary staff.
4. Responsibilities of the Fund Assets Liquidation Team: The Fund Assets Liquidation Team is responsible for the custody, liquidation
Valuation, realization and distribution. The fund assets liquidation team may carry out necessary civil activities according to law.
5. Fund asset liquidation procedures:
(1) In case of termination of the Fund Contract, the Fund Property Liquidation Team shall take over the Fund in a unified manner;
(2) Liquidate and confirm the fund assets, claims and debts;
(3) Valuation and realization of fund assets;
(4) Prepare liquidation report;
(5) Engage an accounting firm to conduct external audit on the liquidation report, and engage a law firm to check
A legal opinion is issued in the calculation report;
(6) Submit the liquidation report to the CSRC for filing and announcement;
(7) Distribute the remaining assets of the Fund.
6. The time limit for the liquidation of the Fund's assets is six months, but the liquidity of the securities held by the Fund is limited
If the liquidation cannot be realized in a timely manner, the liquidation period shall be extended accordingly.
4、 Liquidation expenses
Liquidation expenses refer to all reasonable expenses incurred by the fund assets liquidation team in the process of fund liquidation
The liquidation expenses shall be paid from the fund assets by the fund assets liquidation group in priority.
5、 Distribution of residual assets in the liquidation of fund assets
According to the distribution plan for the liquidation of the fund assets, all remaining assets after the liquidation of the fund assets shall be deducted from the
After the fund assets liquidation expenses, payment of taxes owed and settlement of fund debts
The proportion of fund units shall be distributed.
6、 Announcement of Fund Assets Liquidation
Major issues related to the liquidation process must be announced in a timely manner; The fund assets liquidation report has been approved in accordance with
The accounting firm stipulated in the Securities Law of the People's Republic of China shall audit and the law firm shall issue a legal opinion
Later, it will be reported to the CSRC for filing and announcement. The fund assets liquidation announcement shall be submitted to the China Securities Regulatory Commission in the fund assets liquidation report
The Fund Assets Liquidation Group shall make an announcement within 5 working days after the CSRC records.
7、 Preservation of fund assets liquidation books and documents
The fund assets liquidation account book and relevant documents shall be kept by the fund custodian for a period not less than that prescribed by law
The minimum period specified in the regulations.
Part XVII Liability for Breach of Contract
1、 The Fund Manager and the Fund Custodian violate the Fund Law in the process of performing their respective duties
In accordance with the provisions of laws and regulations or the Fund Agreement and this Custodian Agreement
If the holders cause damage, they shall be liable for compensation according to law for their respective acts; Based on common behavior
If damage is caused to the fund assets or fund share holders, they shall be jointly and severally liable for compensation for the losses,
Only direct losses.
The party concerned shall be exempted from liability in case of the following circumstances:
1. Force majeure;
2. The Fund Manager and/or the Fund Custodian shall comply with the then effective laws and regulations or the regulations of the CSRC
Losses caused by acts or omissions;
3. The Fund Manager exercises or does not exercise its investment right in accordance with the investment principles specified in the Fund Contract
Loss caused, etc.
2、 To protect the interests of fund share holders to the greatest extent in the event of breach of contract by one or more parties
If the custody agreement can continue to be performed, it shall continue to be performed. Duty of non defaulting party
The enclosure is obliged to take necessary measures in time to prevent the expansion of losses. Loss due to failure to take appropriate measures
In case of further expansion, no claim shall be made for compensation for the expanded losses. Expenses incurred by the non defaulting party to prevent the loss from expanding
The reasonable expenses shall be borne by the defaulting party.
3、 Due to factors beyond the control of the Fund Manager and the Fund Custodian, business errors occur
Although the Manager and the Fund Custodian have taken necessary, appropriate and reasonable measures for inspection, they fail to
The Fund Manager and the Fund Custodian will be exempted from compensation for the loss of the Fund property or investors caused by the discovery of errors
Liability. However, the Fund Manager and the Fund Custodian shall actively take necessary measures to mitigate or eliminate this
The impact of success.
Part XVIII Dispute Resolution
The parties agree that all matters arising from or related to the Fund Contract
If the dispute cannot be settled through friendly negotiation, either party has the right to submit the dispute to Guangzhou Arbitration Commission,
The arbitration shall be conducted in accordance with the arbitration rules of Guangzhou Arbitration Commission in effect at that time. The place of arbitration shall be Guangzhou. arbitration
The award is final and binding on all parties. Unless otherwise specified in the arbitration award, the arbitration fee
It shall be borne by the losing party.
During the dispute settlement period, the parties to the fund contract shall strictly abide by their respective responsibilities and continue to be faithful, diligent and diligent
Responsible for performing the obligations specified in the fund contract and safeguarding the legitimate rights and interests of fund share holders.
The Fund Contract shall be governed by the laws of China (excluding the laws of Hong Kong, Macao and Taiwan).
Part XIX Effect of Custody Agreement
Both parties agree on the effectiveness of the custody agreement as follows:
1、 The draft custody agreement submitted by the fund manager when applying to the CSRC for fund raising registration,
The agreement shall be sealed by both parties to the custody agreement and signed by the legal representatives or authorized representatives of both parties (seal)
Both parties shall revise the draft custody agreement according to the opinions of the CSRC. The custody agreement is registered with the CSRC
The text of is the official text.
2、 The Custody Agreement shall come into force as of the effective date of the Fund Agreement. The validity period of the custody agreement is from the effective date
From the date when the liquidation results of the Fund assets are reported to the CSRC for filing and announced.
3、 The trusteeship agreement shall have the same legal binding force on the parties to the trusteeship agreement as of the effective date.
4、 This agreement is made in triplicate, one for each party and one for the relevant regulatory authority
They have the same legal effect.
Part XX Other Matters
Unless explicitly defined in this Agreement, the definitions of terms in this Agreement shall apply to the provisions of the Fund Contract. This Agreement
Matters not covered herein shall be handled through consultation by the parties in accordance with the fund contract, relevant laws and regulations, etc.
Part XXI Signing of Custody Agreement
After this Custody Agreement is approved by the Fund Manager and the Fund Custodian, the two parties shall
The management agreement shall be sealed, signed or sealed by the respective legal representative or authorized representative, and the fund trust shall be indicated
Place and date of signing the management agreement.
There is no text on this page, which is the signature and seal of the Custody Agreement of Baijia Baixing Pure Bond Securities Investment Fund
Chapter page.
Fund Manager: Baijia Fund Management Co., Ltd. (seal)
Legal representative or authorized representative:
Signed at:
Signed on:
Fund Custodian: Hengfeng Bank Co., Ltd. (seal)
Legal representative or authorized representative:
Signed at:
Signed on:
|
