Dacheng Yuanxiang Tianli Bond
Securities Investment Fund Custody Agreement
Fund Manager: Dacheng Fund Management Co., Ltd
Fund Custodian: Shanghai Pudong Development Bank Co., Ltd
catalog
1、 Basis, purpose, principle and interpretation of the Fund Custody Agreement four
2、 Fund Custodian's Business Supervision and Verification of Fund Manager four
3、 Fund Manager's Business Verification of Fund Custodian eleven
4、 Custody of Fund Property eleven
5、 Sending, confirming and executing instructions fourteen
6、 Transaction, clearing and settlement arrangements seventeen
7、 Calculation and Accounting of Net Asset Value of the Fund twenty-two
8、 Fund income distribution twenty-five
9、 Information disclosure twenty-six
10、 Custody fee twenty-seven
11、 Custody of the Register of Fund Unitholders twenty-eight
12、 Preservation of Fund related documents and archives twenty-eight
13、 Replacement of Fund Manager and Fund Custodian twenty-nine
14、 Prohibited acts thirty-one
15、 Change and termination of fund custody agreement and liquidation of fund assets thirty-two
16、 Liability for breach of contract thirty-three
17、 Applicable Law and Dispute Resolution thirty-four
18、 Effectiveness and Text of the Fund Custody Agreement thirty-four
19、 Other matters thirty-five
Dacheng Yuanxiang Tianli Bond Securities Investment Fund
Escrow Agreement
Fund Manager: Dacheng Fund Management Co., Ltd
Address: Floor 32, China Merchants Bank Building, No. 7088, Shennan Avenue, Futian District, Shenzhen
Legal representative: Wu Qingbin
Time of establishment: April 12, 1999
Approval authority and approval number: China Securities Regulatory Commission, CSRC
Jinji Zi [1999] No. 10
Registered capital: RMB 200 million
Organizational form: limited liability company
Duration: continuous operation
Tel.: 0755-83183388
Fund Custodian: Shanghai Pudong Development Bank Co., Ltd
Domicile: No. 12, Zhongshan East 1st Road, Shanghai
Office address: No. 12, Zhongshan East 1st Road, Shanghai
Legal representative: Zheng Yang
Date of establishment: October 19, 1992
Approval authority and approval document number: YF 1992 (601) of the People's Bank of China
Fund custody business qualification approval authority: China Securities Regulatory Commission
Fund custody business qualification No.: Zheng Jian Ji Jin Zi [2003] No. 105
Organizational form: limited liability company (listed)
Registered capital: 29.352 billion yuan
Business term: permanent existence
1、 Basis, purpose, principle and interpretation of the Fund Custody Agreement
(1) Basis
This agreement is based on the Securities Investment Fund Law of the People's Republic of China (hereinafter referred to as the Fund Law), the Public Offering of Securities
Management Measures for the Operation of Investment Funds (hereinafter referred to as the "Operation Measures"), Supervision and Administration of Publicly Offered Securities Investment Fund Sales Agencies
Administrative Measures for Information Disclosure of Publicly Offered Securities Investment Funds (hereinafter referred to as Sales Measures)
Information Disclosure Measures), Securities Investment Fund Custody Business Management Measures, Securities Investment Fund Information Disclosure Contents and Standards
Format Standard No. 7 [Content and Format of Custody Agreement], Dacheng Yuanxiang Tianli Bond Securities Investment Fund Contract
(hereinafter referred to as the Fund Contract) and other relevant laws and regulations.
(2) Purpose
The purpose of this Agreement is to clarify the custody, investment operation and net value of the Fund assets between the Fund Custodian and the Fund Manager
The rights, obligations and responsibilities in matters related to calculation, income distribution, information disclosure and mutual supervision to ensure the
Security and protect the legitimate rights and interests of fund share holders.
(3) Principles
The Fund Manager and the Fund Custodian shall fully protect the legitimate rights and interests of the Fund Unitholders on the basis of equality, voluntariness, honesty and credibility
This agreement is signed by consensus.
(4) Interpretation
Unless otherwise agreed in this Agreement, all terms in this Agreement have the same meaning as the corresponding terms in the Fund Contract.
2、 The Fund Custodian's business supervision and verification of the Fund Manager
(1) The Fund Custodian exercises supervision over the investment behavior of the Fund Manager
1. The Fund Custodian shall, in accordance with the provisions of relevant laws and regulations and the Fund Contract
The investment object shall be supervised.
The Fund will invest in the following financial instruments:
The investment scope of the Fund is financial instruments with good liquidity, including stocks issued and listed in China according to law (including
Main Board, SME Board, GEM and other stocks allowed by the CSRC to be invested by funds), depositary receipts, Hong Kong stocks
Bills and bonds (including national debt, central bank bills, local government bonds, financial bonds, corporate bonds, corporate bonds, medium-term notes
Short term financing bonds, ultra short term financing bonds, publicly issued subordinated bonds, government supported institutional bonds, government supported bonds, transferable bonds
Convertible bonds (including convertible bonds with separate transactions), exchangeable bonds and other bonds allowed by the CSRC to invest), asset support
Securities, bond repurchase, bank deposits (including negotiated deposits, time deposits and other bank deposits), interbank deposit receipts, currency
Market instruments, treasury bond futures, credit derivatives, and other financial workers allowed by laws and regulations or the CSRC to invest funds
Yes, but it must comply with the relevant provisions of the CSRC.
If laws and regulations or regulatory authorities allow the Fund to invest in other varieties in the future, the Fund Manager may, after performing appropriate procedures
To include it in the scope of investment.
If the Fund Agreement has clearly stipulated the investment style of the Fund or the selection criteria of securities, the Fund Manager shall, in accordance with the Fund Custody
Provide investment varieties in the format required by the Fund Custodian, so that the Fund Custodian can use relevant technical systems to determine whether the actual investment of the Fund meets the
Supervise the provisions of the Fund Contract on securities selection standards, and check the matters with doubts.
The Fund shall not invest in investment instruments prohibited by relevant laws, regulations, departmental rules and the Fund Contract.
2. The Fund Custodian shall, in accordance with the provisions of relevant laws and regulations and the provisions of the Fund Contract, increase the investment and financing ratio of the following funds
Supervision:
(1) In accordance with the provisions of laws and regulations and the provisions of the Fund Contract, the allocation ratio of the Fund's investment assets is:
The proportion of the Fund's investment portfolio is: the proportion of the Fund's investment in bonds is not less than 80% of the Fund's assets; Invest in Hong Kong stocks
The shares of SGCC accounted for 0% - 50% of the Fund's stock assets. The Fund deducts treasury bond futures contracts at the end of each trading day
Holding cash (excluding settlement provisions, deposits, subscription receivables, etc.) after the transaction margin required to be paid; or
Government bonds with a maturity date of less than one year shall not be less than 5% of the net asset value of the fund.
If laws and regulations or regulators change the investment proportion limit of investment varieties, the Fund Manager, after performing appropriate procedures,
The investment proportion of the above investment varieties can be adjusted.
(2) In accordance with the provisions of laws and regulations and the Fund Contract, the Fund's investment portfolio follows the following investment restrictions:
1) The Fund's investment proportion in bonds shall not be less than 80% of the Fund's assets, and the shares invested in Hong Kong stocks accounted for the share capital
The proportion of production shall not exceed 50%;
2) At the end of each trading day, after deducting the trading margin required to be paid for treasury bond futures contracts, the Fund shall maintain a minimum of
Cash of 5% of net asset value or government bonds with maturity date less than one year, of which cash does not include settlement provisions, deposits
Deposits, subscription receivables, etc;
3) The Fund holds securities issued by a company (A+H shares of the same company listed in both the Mainland and Hong Kong
The market value shall 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 (the same company is in the Mainland and Hong Kong
A+H shares listed at the same time), not more than 10% of the securities, in full accordance with the composition of the relevant index
The types of funds invested in securities may not be subject to the proportion restrictions prescribed in this article;
5) The proportion of the Fund's investment in various types of asset-backed securities of the same original equity holder shall not exceed the net asset value of the Fund
10% of;
6) The market value of all asset-backed securities held by the Fund shall not exceed 20% of the net asset value of the Fund;
7) The proportion of the same (referring to the same credit rating) asset-backed securities held by the Fund shall not exceed that of the asset-backed certificate
10% of the coupon size;
8) All funds managed by the Fund Manager shall invest in all kinds of asset-backed securities of the same original equity holder, and shall not exceed
Over 10% of the total size of its various asset-backed securities;
9) The Fund shall invest in asset-backed securities with a credit rating of BBB or above (including BBB). Fund holdings
During the period of asset backed securities, if their credit rating declines and no longer meets the investment standards, they shall
Sell all within months;
10) Fund assets participate in the issuance and subscription of shares, and the amount declared by the Fund does not exceed the total assets of the Fund
The number of shares declared by the company shall not exceed the total number of shares issued by the company to be issued this time;
11) The total assets of the Fund shall not exceed 140% of the net assets of the Fund;
12) The fund balance of the Fund entering the national inter-bank market for bond repurchase shall not exceed the net asset value of the Fund
40%, the longest term of bond repo in the national inter-bank market is one year, and after the maturity of bond repo
Exhibition period;
13) The Fund shall comply with the following investment restrictions when participating in treasury bond futures trading:
① At the end of any trading day, the value of treasury bond futures contracts held by the Fund shall not exceed the net asset value of the Fund
15% of;
② At the end of any trading day, the value of the futures contracts for selling treasury bonds held by the Fund shall not exceed the bonds held by the Fund
30% of the total market value.
③ Market value of bonds held by the Fund (excluding government bonds with a maturity of less than one year) and maturity of bonds purchased and sold abroad
The total contract value (calculated by netting) shall comply with the relevant provisions of the fund contract on the proportion of bond investment, that is, not less than
80% of gold assets;
④ The trading amount of treasury bond futures contracts traded by the Fund in any trading day (excluding closing positions) shall not exceed the above
1 30% of the net asset value of the fund on the trading day;
14) The Fund does not hold credit derivatives with the attribute of credit protection seller, nor does it hold contractual credit derivatives;
The nominal principal of credit derivatives invested by the Fund shall not exceed 100% of the face value of the corresponding protected bonds in the Fund; invest in
The total principal of various credit derivatives of the same credit protection seller shall not exceed 10% of the net asset value of the fund; Due to securities/
The fund investment proportion is caused by factors other than the fund manager, such as fluctuations in the futures market, mergers of securities issuers, changes in fund size, etc
If the investment proportion does not conform to the above provisions, the Fund Manager shall make adjustment within three months;
15) All open-ended funds managed by the Fund Manager (including open-ended funds and regular open funds in the open period
Funds) shall not hold more than 15% of the tradable shares issued by a listed company; Base
All the investment portfolios managed by the fund manager shall not hold more tradable shares issued by a listed company than that of the listed company
30% of the outstanding shares;
16) The total market value of the Fund's active investment in liquidity restricted assets shall not exceed 15% of the Fund's net asset value; because
Non conformance of funds due to factors other than fund managers, such as fluctuations in the securities market, stock suspension of listed companies, and changes in fund size
The Fund Manager shall not actively increase the investment of liquidity restricted assets if the proportion is restricted as prescribed in this paragraph;
17) The Fund, private equity securities asset management products and other subjects identified by the CSRC carry out reverse return for counterparties
In case of purchase transaction, the qualification requirements for acceptable collateral shall be consistent with the investment scope agreed in the fund contract;
18) The proportion limit of the Fund's investment in depositary receipts shall be subject to the shares listed and traded in China
Shall be calculated on a consolidated basis;
19) Other investment restrictions stipulated by laws and regulations, the CSRC and the Fund Contract.
In addition to items 2), 9), 10), 14), 16) and 17) above, due to fluctuations in the securities/futures market, merger of listed companies
If the fund investment proportion does not meet the above specified investment proportion due to factors other than the fund manager, such as fund size change, the fund
The administrator shall make adjustment within 10 trading days, except for special circumstances stipulated by the CSRC.
The Fund Custodian's obligation to supervise the above indicators is limited to the supervision that is managed by the Fund Manager and entrusted by the Fund Custodian
Whether all public funds under management comply with the above proportion limit. Cancellation of the Fund Law and other relevant laws and regulations or regulatory authorities
If the above restrictions apply to the Fund, the Fund Manager will no longer be subject to relevant restrictions on the Fund's investment after performing appropriate procedures
System.
(3) Adjustment period of fund investment proportion allowed by laws and regulations
The Fund Manager shall, within six months from the effective date of the Fund Agreement, make the proportion of the Fund's investment portfolio conform to the Fund Agreement
Relevant agreements of. During the above period, the investment scope and investment strategy of the Fund shall comply with the provisions of the Fund Contract. base
The supervision and inspection of the Fund's investment by the Fund Custodian shall commence on the effective date of the Fund Agreement.
If laws, regulations or regulatory authorities make mandatory adjustments to the above investment restrictions and prohibitions, the Fund shall
Implement in accordance with laws and regulations or regulations of the regulatory authorities; If laws and regulations or regulatory authorities modify or adjust the above investment restrictions
The Fund Manager has the right, after performing appropriate procedures, to
It shall comply with the laws and regulations or the regulations adjusted or modified by the regulatory authorities, and shall perform the obligation of information disclosure to investors. Such as this
The Fund shall increase its investment varieties, and the investment restrictions shall be subject to the laws and regulations and the provisions of the CSRC.
The Fund Manager shall formally report to the Fund Custodian at least in advance in case of significant changes in the foreseeable asset scale
Explain the possible change scale of the fund and the company's response measures to facilitate the fund custodian to implement transaction supervision.
When the Fund holds specific assets and there are or potential large redemption applications, the Fund Unitholders shall be protected to the maximum extent
The Fund Manager may, after reaching consensus with the Fund Custodian and consulting the accounting firm
The side pocket mechanism is used in accordance with laws, regulations and the fund contract, without the need to convene a general meeting of fund share holders for deliberation.
During the implementation of the side pocket mechanism, the agreed portfolio proportion, investment strategy, portfolio restrictions, performance benchmarks
The risk return characteristics and other agreements are only applicable to the main bag account.
The specific rules of the side pocket mechanism shall be implemented in accordance with the provisions of relevant laws and regulations and the fund contract.
3. The Fund Custodian prohibits the following fund investments in accordance with the provisions of relevant laws and regulations and the Fund Contract
Supervise:
In accordance with the provisions of laws and regulations and the Fund Contract, the Fund is prohibited from engaging in the following acts:
(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.
If laws, administrative regulations or regulatory authorities cancel or adjust the above prohibitive provisions, if applicable to the Fund, the Fund
The investment is no longer subject to relevant restrictions or adjusted regulations.
4. The Fund Custodian shall, in accordance with the provisions of relevant laws and regulations and the provisions of the Fund Contract, restrict the investment of the Fund related parties
Executive supervision.
The Fund Manager uses the Fund assets to buy and sell the Fund Manager, the Fund Custodian and their controlling shareholders, actual controllers or
Securities issued or underwritten during the underwriting period by a company that has a major interest with it, or other major related transactions
If it is easy, it shall comply with the investment objectives and strategies of the Fund, follow the principle of giving priority to the interests of fund share holders, and guard against interests
Conflict, establish and improve the internal approval mechanism and evaluation mechanism, and implement according to fair and reasonable market prices. Relevant transactions must be carried out in advance
Obtain the consent of the Fund Custodian and disclose in accordance with laws and regulations. Major connected transactions shall be submitted to the Board of Directors of the Fund Manager for review
And passed by more than two-thirds of the independent directors. The Board of Directors of the Fund Manager shall, at least half a year
Review.
The Fund Manager and the Fund Custodian shall first provide each other with the shareholders who have a controlling relationship with this institution and have other interests with this institution
The list of companies with major interests and the list of securities issued by related parties shall be sealed and submitted in writing. Fund Manager and
The Fund Custodian and the Fund Custodian are responsible for ensuring the authenticity, accuracy and integrity of the list of connected transactions, and for timely updating
The list of is sent to the other party. After the list is changed, the Fund Manager and the Fund Custodian shall send it to the other party in a timely manner,
The new list of connected transactions comes into effect. The Fund Custodian shall only carry out the following activities according to the list of fund related parties provided by the Fund Manager
Supervision. If the fund custodian has strictly followed the supervision process in its operation, the fund manager still conducts related party transactions in violation of regulations, and
The fund manager shall be liable for any loss of fund assets.
5. The Fund Custodian participates in the inter-bank relationship with the Fund Manager in accordance with the provisions of relevant laws and regulations and the Fund Contract
The bond market shall be supervised.
The Fund Custodian shall supervise according to the list of counterparties in the inter-bank bond market provided by the Fund Manager. Fund manager
It is responsible for controlling the credit risk of the counterparty. The fund manager shall bear the losses caused by the credit risk of the counterparty
Be responsible for recovering from the relevant responsible person.
6. The Fund Custodian shall, in accordance with the provisions of relevant laws and regulations and the provisions of the Fund Contract, conduct bank deposit business for the Fund
Supervise.
The fund manager shall strengthen the assessment and research on the deposit risk of the fund investment bank, and strictly measure and control the investment bank
For the risk exposure of bank deposits, establish relevant investment restriction systems for different types of deposit banks. If the Fund Custodian is operating
In accordance with the provisions of relevant laws and regulations and the agreed supervision process of the Fund Contract
No compensation liability shall be borne for losses caused by risks.
7. Supervision of the Fund Custodian over the Fund's investment in restricted securities
Is there any difference between the "restricted negotiable securities" referred to below and the definition of "restricted liquidity assets" referred to in this Agreement and the Fund Contract
Same as. For the definition of restricted liquidity assets, please refer to the "Part II Definitions" of the Fund Contract.
The Fund Manager shall, in accordance with the relevant provisions of the CSRC, specify in advance the restrictions on the investment and circulation of the Fund
Limit the proportion of securities, formulate strict investment decision-making process and risk control system, and prevent liquidity risk, legal risk and operation
Risk and other risks. Whether the Fund Custodian complies with relevant systems, liquidity risk disposal plans and
Supervise the relevant investment quota and proportion.
The tradable restricted securities invested by the Fund shall be tradable securities with a specified period of time locked at the time of issuance, excluding securities that are
Securities temporarily suspended due to the release of major news or other reasons, issued unlisted securities, pledged bonds in repurchase transactions, etc
Circulating restricted securities. The Fund does not invest in securities with an indefinite lock up period.
The Fund Manager shall be responsible for the liquidity risk of the Fund's investment in restricted securities, and ensure that relevant risks are actively
Effective measures to effectively solve the liquidity problem of fund operation within a reasonable time. In case of huge fund redemption or market occurrence
When the fund cash flow is difficult due to drastic changes and other reasons, the fund manager shall ensure that sufficient cash is provided to ensure the fund
And bear all losses. For the liquidity risk caused by the Fund's investment in securities with restricted circulation, the Fund is under custody
People do not assume any responsibility. The Fund Custodian shall not be liable for any loss of the Fund caused by the Fund Manager
Ren.
The restricted negotiable securities related to fund investment shall be guaranteed to be registered and deposited under the relevant fund name, and the fund manager shall be responsible for the relevant work
And ensure that the Fund Custodian can make normal inquiries. If the registration and custody of restricted securities cannot be guaranteed
The Fund Custodian shall normally perform its asset custody responsibility, and the Fund Manager shall bear the responsibility for such fund asset custody.
If the fund manager fails to comply with the relevant system, liquidity risk disposal plan and investment quota and proportion restrictions
If Party B bears joint and several liability for compensation due to the risk of the fund, if the fund custodian has earnestly performed its supervision responsibilities before
The Fund Manager shall compensate the Fund Custodian for the losses incurred therefrom.
Where relevant laws and regulations have new provisions on restricted securities for fund investment and circulation, such provisions shall prevail.
(2) The Fund Custodian shall, in accordance with the provisions of relevant laws and regulations and the provisions of the Fund Contract
Calculation, calculation of net value of various fund units, receipt of funds receivable, determination of fund expenses and income, distribution of fund income
Relevant information disclosure and fund performance data published in fund promotion materials shall be monitored and verified.
(3) The Fund Custodian finds that the investment operation and other operations of the Fund Manager violate the Fund Law, the Fund Contract
When the Fund Custody Agreement and other relevant provisions are required, the Fund Manager shall be notified in writing in a timely manner to make corrections within a time limit, and the Fund Manager shall receive
After the notice is given, it shall be checked in a timely manner on the next working day, and a written reply shall be sent to the Fund Custodian for explanation or evidence.
Within the time limit, the Fund Custodian has the right to review the notice at any time and urge the Fund Manager to make corrections. fund management
If the Fund Custodian fails to correct the violations notified by the Fund Custodian within the time limit, the Fund Custodian shall report to the CSRC.
The Fund Manager shall actively cooperate with and assist the Fund Custodian in implementing the Fund Custodian's
The supervision and verification of the fund business and the written prompt sent by the fund custodian must be replied to the fund custodian within the specified time
And make corrections, or explain or provide evidence on the Fund Custodian's doubts, and provide evidence to the Fund Custodian in accordance with laws, regulations and the Fund Contract
If it is necessary to submit the fund supervision report to the CSRC as required by this Custody Agreement, the Fund Manager shall actively cooperate in providing relevant information
Data and system, etc.
If the Fund Custodian finds that the investment order issued by the Fund Manager but not executed or the investment that has become effective according to the transaction procedures
If the capital order violates laws, administrative regulations and other relevant provisions, or violates the Fund Contract, it shall be notified immediately
The fund manager and report to the CSRC. The fund manager's above violations and dishonesty give the fund assets or fund units
The fund manager shall bear the losses caused by others.
For the monitoring indicators that must be known after the valuation is completed or the investment orders that have been concluded according to the trading procedures, the Fund
If the custodian finds that the investment order violates laws and regulations or the Fund Contract, it shall immediately notify the Fund Management
And report to the CSRC.
If the Fund Custodian finds that the Fund Manager has major violations, it shall immediately report to the CSRC and notify the Fund Custodian
The manager shall make corrections within a time limit.
The Fund Manager refuses or obstructs the Fund Custodian from exercising its supervision right in accordance with the provisions of this Agreement without justified reasons, or delays
Delays, frauds and other means prevent the Fund Custodian 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.
3、 The Fund Manager's business verification of the Fund Custodian
The Fund Manager shall check the performance of custody duties by the Fund Custodian, including but not limited to fund custody
Whether the person keeps the fund property safely, whether the fund account and securities account of the fund property and other accounts required for investment are opened respectively
Account, whether to review the net asset value of the fund and the net value of various fund units calculated by the fund manager, and whether to refer to
Order clearing and settlement, relevant information disclosure and supervision of fund investment operation.
The Fund Manager finds that the Fund Custodian misappropriates the Fund assets without authorization, fails to manage the Fund assets in separate accounts, and fails to hold them without reason
The Bank or unreasonably delayed the execution of the fund manager's fund transfer instructions, disclosed the fund investment information and violated the Fund Law and the Fund Agreement
The Fund Manager shall promptly notify the Fund Custodian in writing to rectify within a time limit in accordance with the provisions of the Securities Depository Agreement, this Custodian Agreement and other relevant provisions
Upon receipt of the notice, the Fund Custodian shall check it in a timely manner and send a written reply to the Fund Manager. Within the time limit, based on
The Fund Manager has the right to review the notice at any time and urge the Fund Custodian to make corrections. Fund Custodian to Fund Manager
The Fund Manager shall report to the CSRC if the violation is not corrected within the time limit. The fund manager discovers the fund trust
If the custodian has major violations, it shall immediately report to the CSRC and the banking regulatory authority, and notify the fund custodian at the same time
Correct within a time limit.
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
The manager shall check the integrity and authenticity of the entrusted property, reply to the fund manager and make corrections within the specified time.
The Fund Custodian refuses or obstructs the Fund Manager from exercising its supervision right in accordance with the provisions of this Agreement without justified reasons, or takes
Delay, fraud and other means prevent the Fund Manager from carrying out effective supervision, and the circumstances are serious or the Fund Manager still refuses to correct after giving a warning
If yes, the fund manager shall report to the CSRC.
4、 Fund property custody
(1) Principles of Fund Property Custody
1. The Fund property shall be independent of the inherent property of the Fund Manager and the Fund Custodian.
2. The Fund Custodian shall safely keep the custody property in accordance with the provisions of this Agreement. Without the instruction of the fund manager, it shall not operate on its own
Use, dispose of and distribute any assets of the Fund (except for the transfer fees deducted by the Fund Custodian on its own initiative). Incorrectness of the Fund Custodian
Be responsible for accounts and properties beyond their actual control.
3. The Fund Custodian shall open a capital account, a securities account and other accounts required for investment for the fund assets under custody in accordance with the provisions
Household.
4. The Fund Custodian shall set up separate accounts for different fund assets under its custody for independent accounting
The business and custody business of other funds shall be subject to strict separate account management to ensure the integrity and independence of fund assets.
5. The Fund Manager shall be responsible for the receivables generated in the process of fund subscription (purchase) and fund investment
The relevant party shall determine the date of receipt and notify the fund custodian. If the fund property fails to reach the fund custodian on the date of receipt
The custodian shall timely notify the fund manager to take measures for collection. The Fund Manager shall be liable for any loss caused to the Fund
The Fund Custodian shall provide necessary assistance and
Cooperate, but bear no responsibility for the loss of fund property.
(2) Verification of raised funds
During the raising period, the sales institution shall transfer the subscription funds to the fund manager in a qualified dealer as agreed in the sales agreement
"Special account for fund subscription of Dacheng Fund Management Co., Ltd." opened by Industrial Bank. The account shall be opened and managed by the fund manager.
At the expiration of the fund raising period, the total amount of fund units raised, the amount raised and the number of fund unit holders comply with the Fund Law
After the relevant provisions such as the Operating Measures, the fund manager shall employ an accounting firm with securities business qualifications to conduct
The capital verification report shall be issued by more than 2 (including 2) Chinese certified public accountants participating in the capital verification
The signatory is valid. Upon completion of capital verification, the Fund Manager shall transfer all the raised funds belonging to the Fund property into the Fund custody
In the special asset custody account opened for the fund, ensure that the capital transferred in is consistent with the capital verification amount. The Fund Custodian has received
The effective subscription funds shall be confirmed in written form on the same day, and the receipt of funds shall be faxed to the fund manager in a timely manner,
Both parties conduct accounting treatment.
If the Fund raising period expires and the conditions for filing of the Fund Contract are not met, the Fund Manager shall handle the withdrawal as required
Section 5.
(3) Opening and management of special fund asset custody account
The Fund Custodian shall open a special asset custody account in its business institution in the name of the Fund, and shall comply with the laws and regulations of the Fund Manager
Effective instructions for fund receipt and payment. The Fund Manager shall, in accordance with the laws and regulations and the relevant requirements of the custodian bank, provide the necessary information for opening an account
And provide other necessary assistance. The seal of the reserved seal of the special asset custody account of the Fund shall be engraved by the Fund Custodian
Storage and use.
All monetary income and expenditure activities of the Fund shall be conducted through the Fund Custodian or the Fund's special asset custody account. Fund's
The opening and use of the special asset custody account shall be limited to meet the needs of conducting the Fund's business. Except for the business needs of the Fund
The Custodian and the Fund Manager shall not open any other bank account in the name of the Fund; It shall not be used in the name of the fund
The bank account opened shall be used for activities other than the business of the Fund.
The management of the special asset custody account shall comply with the Administrative Measures for RMB Bank Settlement Accounts, the Interim Regulations on Cash Management
Provisions on the Administration of RMB Interest Rate, Interim Provisions on the Administration of Interest Rate, Payment and Settlement Measures, and banking regulatory authorities
Other relevant provisions of.
(4) Opening and management of fund securities accounts and securities trading capital accounts
The Fund Custodian shall jointly name the Fund Custodian and the Fund in the Shanghai Branch of China Securities Depository and Clearing Corporation Limited
The company/Shenzhen branch opens a special securities account.
The opening and use of the Fund's securities account shall be limited to meeting the needs of conducting the Fund's business. Fund Custodian and Fund Management
No one may lend or transfer any securities account of the Fund without the consent of the other party; Nor use any securities of the Fund
The account carries out activities other than the business of the Fund.
The Fund Custodian shall be responsible for the opening of the fund securities account and the safekeeping of the original account opening materials, and the management and application of the account assets
The Fund Manager shall be responsible for it. The Fund Custodian is in the name of the Fund Custodian in China Securities Depository and Clearing Corporation Limited Shanghai
The branch/Shenzhen branch opens a settlement reserve account, and the fund custodian completes the registration with China Securities on behalf of the funds under its custody
The Fund Manager shall actively assist in the liquidation of the primary legal person of the Clearing Company Limited. Settlement provisions and securities
The collection of clearing deposits shall be subject to the provisions of China Securities Depository and Clearing Corporation Limited and the fund custodian's performance of clearing
The business rules formulated by the participants' obligations shall be implemented.
(5) Opening and management of special accounts for bond custody and fund settlement in the inter-bank market and filing of market access
After the Fund Contract comes into force, the Fund Manager shall be responsible for applying for approval in the name of the Fund, provided that it meets the requirements of the regulatory authority
Request and obtain the trading qualification to enter the national interbank borrowing market, and conduct transactions on behalf of the Fund; The Fund Custodian
Relevant regulations of the People's Bank of China, the Central Government Securities Depository and Clearing Co., Ltd., and the Inter bank Market Clearing House Co., Ltd
Yes, in the name of the Fund, it shall be registered with the Central Government Securities Depository and Clearing Co., Ltd. and the Inter bank Market Clearing House Co., Ltd
The Division shall open bond custody accounts and capital settlement accounts, and conduct settlement of bond transactions in the inter-bank market on behalf of the Fund. Gikinto
The custodian assists the fund manager in completing the inter-bank bond market access filing.
(6) Opening and management of other accounts
1. Other accounts that need to be opened due to business development can be opened in accordance with the Fund Contract or relevant laws and regulations,
After the Fund Manager and the Fund Custodian reach an agreement through consultation, the Fund Custodian shall be responsible for opening the Fund. New account according to relevant rules
Use and manage.
2. If laws, regulations and other relevant provisions provide otherwise for the opening and management of relevant accounts, such provisions shall prevail.
(7) Opening and management of fund investment bank deposit account
The Fund Manager and the Fund Custodian shall, in accordance with the relevant regulations, pay a fixed deposit to the Fund's investment bank
The deposit business shall sign a written agreement.
The fund manager shall sign an overall cooperation agreement with the head office of the deposit bank or its authorized branch for the fixed deposit of the fund investment bank
And deposit the funds in the branch designated by the head office of the deposit bank or its authorized branch.
The deposit account must be opened in the name of the fund, the account name is the name of the fund, and the deposit account opening document shall be stamped with the reserved seal
With the official seal of the Fund Manager.
When the Fund invests in bank deposits, the Fund Manager shall sign a specific deposit agreement with the deposit bank to specify the type of deposits
Type, term, interest rate, amount, account number, reconciliation method, withdrawal method, account management and other details.
In order to prevent liquidity risk under special circumstances, the term of early withdrawal shall be stipulated in the time deposit agreement.
During the duration of the time deposits invested by the Fund, the Fund Manager and the Fund Custodian shall establish regular reconciliation with the deposit banks
Mechanism to ensure the authenticity and accuracy of fund bank deposit business accounts and checks.
(8) Custody of valuable certificates such as physical securities and bank time deposit certificates related to the investment of fund assets
The physical securities invested by the Fund assets shall be deposited by the Fund Custodian in the Fund Custodian's vault; Including physical securities
It can also be deposited in China Government Securities Depository and Clearing Co., Ltd., China Securities Depository and Clearing Co., Ltd. Shanghai Branch/Shenzhen
The depository of Shenzhen Branch, Inter bank Market Clearing House Co., Ltd. or bill business center. Purchase of physical securities and
The transfer shall be handled by the Fund Custodian according to the instructions of the Fund Manager. Physical evidence under the actual and effective control of the fund custodian
The Fund Custodian shall be liable for any damage or loss of the securities during the custody of the Fund Custodian. Fund Custodian
Not accepting the property corresponding to physical securities and bank time deposit certificates that are actually and effectively controlled or kept by institutions other than the fund custodian
Guarantee management responsibility.
(9) Custody of major contracts related to fund assets
The original of the major contract related to the Fund signed by the Fund Manager on behalf of the Fund shall be submitted by the Fund Custodian and the Fund
Custody by the administrator. Unless otherwise specified in this Agreement, the Fund Manager shall, when signing major contracts related to the Fund on behalf of the Fund
Try to ensure that one fund party holds more than two originals so that the fund manager and the fund custodian each hold at least one original
The original of this. The fund manager shall, within 5 working days after the signing of the contract, send the contract to
The original copy shall be delivered to the Fund Custodian. The original contract shall be kept in the document custody departments of the Fund Manager and the Fund Custodian respectively,
The storage period shall not be less than the minimum period stipulated by laws and regulations.
If it is impossible to obtain more than two originals, the Fund Manager shall provide the Fund Custodian with the consistency with the original contract
The fax or photocopy of the contract affixed with the official seal of the fund manager shall not be transferred without mutual agreement.
5、 Sending, confirmation and execution of instructions
When the Fund Manager uses the Fund assets, it sends the Fund Custodian instructions for fund transfer and other payments
The custodian implements the instructions of the fund manager that are legal and compliant and comply with the relevant provisions of this Agreement, and handles the fund transactions under the name of the fund
Related matters.
(1) Written authorization of the Fund Manager to the personnel who send instructions
The Fund Manager shall provide the Fund Custodian with the reserved seal and the specimen signature of the authorized person, and give a prior written notice (as follows
Referred to as "Authorization Notice") The list of persons who are authorized by the Fund Custodian to send instructions, indicating the corresponding transaction authority, and specifying the basic
The method by which the Fund Custodian confirms the identity of the person authorized to send instructions when the Fund Manager sends instructions to the Fund Custodian. Fund Manager's
The notice of authorization for transfer instructions shall be signed and sealed by the legal representative or authorized agent of the fund manager
If signed by the agent, the power of attorney of the legal representative shall also be attached. The Fund Custodian shall reply or call back on the day of receiving the authorization notice
Confirm with the Fund Manager. The letter of authorization for transfer instructions must be at least one trading day in advance, no matter when the product is established or subsequently updated,
Send scanned copies or other written confirmation from the Fund Custodian and the Fund Manager to the Fund Custodian for stamping the Fund Custodian
The authorized person's change notice signed by the legal representative or its authorized agent with the official seal of the manager, and at the same time, notify the fund trust by telephone
Manage people. The notice of change shall specify the effective time and provide the specimen signature of the new authorized person. The Fund Custodian shall receive the notice of change
Confirm with the fund manager by telephone on the day of knowing. The authorized change takes effect from the effective time specified in the change notice. If changed
If the effective time specified in the notice is earlier than the time when the Fund Custodian receives the notice of change, the authorized change shall be made after the Fund Custodian receives the notice of change
Effective when notified. The Fund Manager shall, within three days thereafter, send the original of the notice of change of the letter of authorization of the transfer order to the Fund Custodian. Stroke
If the original of the letter of authorization for payment instructions is not delivered to the custodian on time, the custodian has the right to refuse to execute the transfer instructions corresponding to the letter of authorization
The administrator shall not bear the losses caused thereby. The Fund Manager and the Fund Custodian are obliged to keep confidential the authorization documents, and their contents are not
It may be disclosed to anyone other than the authorizer and relevant operators, unless otherwise required by laws and regulations or the competent authority.
(2) Content of instructions
1. The instruction refers to the payment instruction (including redemption, dividend) sent by the fund manager to the fund custodian when using the fund property
Red payment, repurchase due payment instructions, etc.) and other fund transfer instructions, etc., capital settlement of securities investment in the stock exchange
It is unnecessary for the Fund Manager to send instructions, and the Fund Custodian shall send the settlement to the Fund Custodian according to the relevant registration and clearing company
Data for fund settlement.
2. The instructions issued by the Fund Manager to the Fund Custodian shall clearly indicate the payment account number, payment account name, deposit bank, collection account number
The name of the receiving account, the bank of deposit, the reason for the payment, the time of payment, the time of receipt, the amount, the account, etc., with the reserved seal affixed and
Signature of the authorized person.
(3) Time and procedure for sending, confirming and executing instructions
The authorized sender (hereinafter referred to as the "authorized person") determined by the "authorization notice" shall use fax on behalf of the fund manager
Sent to the Fund Custodian in the form of or other means confirmed in writing by the Fund Custodian and the Fund Manager. The fund manager is righteous
The Fund Manager shall confirm with the Fund Custodian in a timely manner after sending the instructions, because the Fund Manager failed to give instructions to the Fund Custodian in a timely manner
It is confirmed that the Fund Custodian will not bear any responsibility for the losses caused by the failure of funds to arrive in the account in time. Fund Custodian in accordance with
The instruction can be executed only after the method specified in the "Authorization Notice" confirms that the instruction is valid. For the instructions issued by the authorized person, the fund
The administrator shall not deny its effectiveness. The Fund Manager shall comply with the Fund Law, relevant laws and regulations and the Fund Contract
Yes, the authorized person shall send the transfer order within its legal business authority and transaction authority according to its authorized authority
Instruction. When sending instructions, the Fund Manager shall set aside the time necessary for the Fund Custodian to execute the instructions. General transfer
Orders (excluding non guaranteed delivery orders, new bonds and other purchase orders) should be delivered to the fund trust before 15:00 (the deadline of the order)
Manager, if the fund manager requires to arrive at the account at a certain time of the day, the instruction shall be given 2 working hours in advance (from 9:00 to 9:00)
11:30, 13:00 to 17:00) to the Fund Custodian.
The Fund Manager shall send the subscription instructions such as new bonds to the Fund Custodian one working day before the subscription
When the order is issued on the day of purchase, the Fund Manager shall reserve the time necessary for the Fund Custodian to execute the order, which shall not be later than
It shall be submitted to the Fund Custodian at 11:00 a.m. (the deadline for instructions).
If the transfer time given to the fund custodian in the transfer order is less than 2 working hours or later than the deadline of the aforementioned order
The Fund Custodian shall try its best to complete the fund transfer within the specified time, but shall not be responsible for the failure of implementation due to insufficient time
Ren.
The instruction transmission is not timely due to the fund manager, and the time required for the transfer is not enough, resulting in the failure of the fund to
The fund manager shall bear the losses caused by the timely arrival. The Fund Manager shall trade the interbank market bonds into
After the receipt is stamped with the reserved seal, it shall be faxed to the Fund Custodian in a timely manner and notified to the Fund Custodian by telephone.
After the order arrives at the Fund Custodian, the Fund Custodian shall designate a special person to check whether the elements of the order are complete, sealed and sealed
Check whether the authorizer is consistent with the content of the reserved authorization document, and timely notify the fund management if any problem or doubt is found
And has the right to immediately return the order to the fund manager and require him to issue a new effective order.
When giving instructions to the Fund Custodian, the Fund Manager shall ensure that there is sufficient fund balance in the relevant custody account
The Fund Custodian has the right to refuse to execute the instructions issued by the Manager to the Fund Custodian without sufficient funds
That is, notify the Fund Manager that the Fund Custodian will not bear any responsibility for the losses caused by failure to implement the instruction.
The Fund Manager shall fax the notice of treasury bond trading in the interbank market to the Fund Custodian after affixing the reserved seal.
(4) The circumstances and handling procedures of the Fund Manager sending wrong instructions
The circumstances under which the fund manager sends wrong instructions include but are not limited to the fact that the instruction sender has no right or exceeds his/her authority to send instructions
And delivery information is wrong, important information in the instruction is ambiguous or incomplete, and the instruction violates laws and regulations, the Fund Contract and this
Agreement, etc.
The Fund Custodian has the right to refuse to execute the instructions of the Fund Manager if it finds them wrong when performing the supervision function and promptly
The Fund Manager shall be notified in writing to make corrections. After receiving the notice, the Fund Manager shall check it in time and report to the Fund in writing
The custodian sends a reply for confirmation. If it is necessary to revoke the order, the fund manager shall issue a written statement and affix the reserved seal.
(5) The handling method for the Fund Custodian's failure to follow the instructions of the Fund Manager
Unless otherwise agreed in this Agreement, the Fund Custodian fails to comply or fails to comply in a timely manner with the Fund Manager due to its own reasons
The instructions sent in accordance with this Agreement and effective in accordance with the normal trading procedures have caused the Fund Unitholders
In case of loss, it shall be responsible for compensating the corresponding direct loss.
(6) Procedures for replacing the authorized person
If the fund manager changes the authorized person, changes or terminates the scope of authorization for the authorized person, it must submit at least one payment in advance
On trading days, send scanned copies or other written confirmation of the Fund Custodian and the Fund Manager to send the covering base to the Fund Custodian
The change notice of the authorized person with the official seal of the fund manager and the signature of the legal representative or its authorized agent, and the telephone notification basis
Gold Custodian. The change notice shall specify the effective time, and provide the signature sample of the new authorized person. The Fund Custodian receives the change
The notice will be confirmed to the fund manager by telephone on the same day. The authorized change takes effect from the effective time specified in the change notice. if
If the effective time specified in the change notice is earlier than the time when the Fund Custodian receives the change notice, the authorized change shall be received by the Fund Custodian
The change notice shall take effect. Before the notice of change of the authorized person takes effect, the Fund Custodian shall still execute the order as originally agreed
No one can deny its effectiveness. The Fund Manager shall send the original of the notice of change of the authorized person to the Fund Custodian within three days thereafter.
If there is any change in the list and authority of the authorized personnel of the Fund Manager, it fails to notify the Fund Custodian in a timely manner and
The Fund Custodian shall not be liable in any form for any damage caused to the Fund Unitholders by leaving new seals and signature samples.
The Fund Custodian shall notify in advance by mail, fax or recorded telephone if it changes the personnel who accept the instructions of the Fund Manager
Fund Manager.
(7) Other matters
The Fund Manager shall bear the responsibility for issuing illegal, illegal or contrary orders as agreed in the Fund Contract and this Agreement.
Losses on fund assets caused by the Fund Custodian to execute the Fund Manager's instructions that have become effective in accordance with normal trading procedures
No liability for compensation.
6、 Transaction, clearing and settlement arrangements
(1) Standards and procedures for selecting securities/futures operating institutions that act as agents for securities/futures trading
The Fund Manager shall be responsible for selecting the securities operating institutions that act as agents for the purchase and sale of the Fund's securities.
The Fund Manager shall be responsible for determining the relevant securities operating institutions after reviewing them in accordance with relevant standards and internal management systems
Acting as an agent for the Fund's securities trading institutions, and assuming corresponding responsibilities. Fund managers and selected securities operating institutions
The Fund Manager shall notify the Fund Custodian and disclose relevant information in the statutory information disclosure announcement after signing the trading unit use agreement
Content.
The Fund Manager shall, prior to the commencement of the operation of the Fund, change the basic information such as the special trading unit number and commission rate of the Fund
Timely notify the Fund Custodian in writing of the situation and submit the Transaction Unit Lease Agreement provided by the selected securities operating institution
Timely deliver to the Fund Custodian to ensure that the Fund Custodian applies for receiving settlement data.
The Fund Manager is responsible for selecting the futures brokerage institutions that act as agents for the treasury bond futures trading of the Fund and signing futures brokerage contracts with them
Similarly, other matters shall be carried out in accordance with the relevant provisions of laws and regulations and the fund contract. If there are no clear provisions, the relevant securities may be referred to
Execution of rules for selection of trading and securities brokerage institutions.
(2) Settlement arrangements after the fund invests in securities
1. The Fund Custodian shall be responsible for the clearing and settlement of all OTC and over-the-counter transactions in which the Fund invests in securities
Responsible for handling.
2. The Fund Manager and the Fund Custodian shall sign a separate custody agreement before the Fund invests in the OTC investment varieties
Bank Securities Fund Settlement Agreement.
3. When the Fund invests in non guaranteed delivery investment varieties, the Fund Manager shall comply with the Fund Custodian's prior disclosure
A written notice in the form of a household letter.
4. Inter bank bond payment settlement
The Fund Manager shall timely submit the inter-bank Shanghai Stock Exchange, China Bond registration and transfer instructions and transaction notice to the Fund in accordance with relevant regulations
The Custodian and the Fund Manager shall set aside the time necessary for the Fund Custodian to execute the order.
The fund manager shall track the transaction settlement, securities and assets in real time according to the query function provided by China Bond Depository and Clearing Corporation Limited
The receipt of funds and the change of balance facilitate the monitoring of the settlement process and the front-end control of matching funds with transactions.
5. The term format of the deposit agreement signed between the time investment fund manager and the deposit bank shall be one day before the value date of the time deposit
The fund manager shall send the transfer instruction of fixed deposit and the sealed version of deposit agreement (fax or
The scanned copy) shall be submitted to the Fund Custodian in accordance with the provisions of laws and regulations, the Fund Agreement and the Custodian Agreement. After the order is issued, the Fund shall be managed
The Fund Custodian shall confirm with the Fund Custodian by telephone in a timely manner. For the instructions issued by the fund manager in accordance with the agreed procedures, the fund management
No one can deny its effectiveness.
When sending investment orders, the Fund Manager shall reserve the time necessary for the Fund Custodian to execute the investment orders
Between. Loss caused by the untimely transmission of investment orders and the failure to set aside sufficient transfer time, resulting in the failure of funds to arrive in the account in time
It shall be borne by the fund manager.
If the deposit bank is unable to deliver the deposit certificate to the Fund Custodian before 17:00 on the day of deposit, the Fund Manager shall urge
The deposit bank sends the scanned copy of the deposit certificate to the fund custodian. After the deposit certificate is delivered to the custodian, the fund custodian shall be responsible for
Keep the original certificate of deposit. The Fund Custodian only conducts formal review on the deposit certificate, which includes the account name
Value date, maturity date, amount and interest rate. The Fund Custodian shall not be responsible for verifying the authenticity of the deposit certificate.
The deposit agreement signed between the fund manager and the deposit bank shall include:
(1) The deposit bank provides the necessary conditions for opening deposit accounts, depositing and withdrawing funds for the time deposit business of the entrusted assets
Required support and efficient settlement services;
(2) The deposit bank provides door-to-door services for the deposit certificates of the time deposits invested by the entrusted assets, namely: time deposits
On the day the deposit funds arrive at the account, the deposit bank shall send an authorized agent to properly send the "certificate of deposit" (hereinafter referred to as the "certificate")
To the custodian. Before the "Certificate" is handed over to the custodian, all losses caused by the loss or damage of the "Certificate" shall be
The deposit bank shall bear.
(3) On the due date of fixed deposit or the date of early withdrawal, the deposit bank shall send an authorized agent to the custodian
Extract the "confirmation". After the "Certificate" is handed over to the authorized agent of the deposit bank, it is caused by the loss or destruction of the "Certificate"
The deposit bank shall bear all losses of.
The deposit bank shall provide the custodian with a written report on handling relevant matters with the above-mentioned authorized agent at least one working day in advance
certificate of authorization. The authorized agent shall show valid ID card or work card when providing door-to-door service.
(4) The deposit bank shall guarantee to pay the principal and interest of the deposit in a timely manner, and transfer the principal and interest to the depository on the day of withdrawal
The custodian account of the People's Bank of China (Shanghai Pudong Development Bank), and the opening bank, account number, account name, and large amount payment number of the account.
The deposit bank shall confirm that the principal and interest of the time deposit can only be transferred to the corresponding custody account opened in the custodian or confirmed by the custodian
Specify the account. If the above designated collection account information needs to be changed, it must be approved in writing by the custodian.
(5) The deposit bank shall provide regular reconciliation service for the fixed deposit business, and the reconciliation frequency shall not be less than once every six months. deposit
The Bank shall cooperate with the Custodian in the written inquiry of the "Certificate".
(6) If the reserved seal of the "Certificate" is changed during the deposit duration, the deposit bank shall cooperate in handling the change procedures
Continued.
(3) Confirmation of available fund balance
The Fund Custodian shall, before 9:30 a.m. of each working day, transfer the available fund balance of the escrow account to the party approved by both parties
To the fund manager.
(4) Reconciliation of transaction records, funds and securities accounts
1. Reconciliation of transactions
The Fund Manager and the Fund Custodian shall check the transaction records on a daily basis. Before the daily disclosure of net worth, it must be ensured that
All the actual transaction records of the day are consistent with the transaction records on the fund accounting books.
2. Reconciliation of capital accounts
The fund account includes the fund's bank deposits and other accounting information. The fund accounts shall be checked daily by the fund custodian,
The fund manager reviews the available position statement provided by the custodian to check the fund balance. Check the bank deposit account every day to ensure the account
It is consistent with the account and the reality.
3. Reconciliation of securities accounts
Securities account refers to the type, quantity and amount of securities in the securities trading account and physical custody account opened in the name of the fund
Eh. The Fund Manager and the Fund Custodian shall check the securities account balance on a daily basis. After the end of each trading day, the securities account of the stock exchange
Check once, and check the inter-bank market securities account at the end of each month to ensure that the account is consistent with the reality.
(5) Basic Provisions on Fund Purchase, Redemption and Conversion
1. The Fund will begin to apply for and redeem within 3 months after the Fund Contract comes into effect
The management time shall be subject to the announcement. Confirmation and liquidation of subscription and redemption of fund units shall be undertaken by the fund manager or its entrusted registration institution
Responsibility.
2. The Fund Manager shall send the Fund Manager to the Fund Custodian in accordance with the relevant provisions of Article 7 of this Agreement on each trading day
Confirm the relevant data of subscription, redemption and conversion of open-ended funds, and be responsible for the authenticity, accuracy and integrity of the above data.
The Fund Custodian shall timely check the receipt of subscription and transferred funds and timely transfer redemption and
Transfer out funds. The Fund Manager shall ensure that the registration authority of the Fund (or entrusted by the Fund Manager) shall be at 15:00 every working day
Send the aforesaid relevant data of the previous opening day to the Fund Custodian in advance, and ensure the accuracy and completeness of the relevant data.
3. The Fund Manager sends the subscription and redemption through the data transmission system jointly agreed with the Fund Custodian
If the system cannot send data normally due to various reasons, both parties can solve the problem through negotiation. The fund or this
In case of loss of one party to the agreement, the party whose system is unable to transmit data normally shall be liable for compensation, except for cases caused by force majeure
External; If it is caused jointly by both parties, they shall bear corresponding responsibilities according to their own fault degree. Sent by the Fund Manager to the Fund Custodian
Data shall be kept by both parties in accordance with relevant regulations.
4. The Fund Manager shall ensure that the interface specification of the registration data sent by it is consistent with that of the Fund Custodian.
5. Opening and management of special account for fund registration and clearing
In order to meet the needs of fund transfer such as subscription and redemption, the Fund Manager shall open a fund for fund clearing such as subscription and redemption
Special account for fund registration and clearing.
6. The fund manager shall be responsible for determining the receipt of the receivable assets generated in the process of fund purchase with the relevant parties
The Fund Custodian shall notify the Fund Custodian in time if the Fund assets fail to reach the Fund Custodian on the account day
If the Fund Manager takes measures to collect the funds, which causes losses to the Fund, the Fund Manager shall be responsible for recovering from the relevant parties
The Fund Custodian shall not bear any responsibility for compensating the losses of the Fund.
7. Payment of redemption funds
When the Fund Custodian pays the redemption money according to the instructions of the Fund Manager, if the Fund has sufficient funds in the special custody account,
The Fund Custodian shall pay in accordance with the provisions of the Fund Contract and this Agreement; If the Fund has sufficient funds and
If the Fund Custodian has enough reasonable time to make the transfer, but the Fund Custodian fails to implement the legal and compliant instructions in a timely manner, the responsibility shall be borne by
The Fund Custodian shall bear the liability, except for the circumstances caused by force majeure. As the Fund does not have enough funds in the special custody account
If the Fund Custodian fails to pay on time due to the reason of the Fund Manager, the Fund Manager shall bear the responsibility
People do not assume the obligation of advance payment; If it is caused by a third party other than the Fund Manager and the Fund Custodian, the responsibility shall be borne by the third party
Yes, the Fund Custodian does not assume the obligation to advance money. If losses are caused to the Fund Unitholders, the Fund Custodian is responsible for cooperation
The Fund Manager's obligation to claim compensation from a third party.
8. Fund payment execution and responsibility definition
Net transfer out and redemption, except that the fund account where the subscription amount reaches the fund custodian needs to be reconciled by both parties in the agreed way
The funds shall be paid in accordance with the relevant provisions of this Agreement. If there is no provision in this agreement, it shall be subject to the agreement of both parties.
The Fund Manager and the Fund Custodian shall take all necessary measures to ensure that the subscription, redemption and other funds are in compliance with the relevant provisions of this Agreement
Transfer to the designated account within the specified time. However, due to the reasons of a third party other than the Fund Manager and the Fund Custodian, force majeure
The Fund Manager and the Fund Custodian shall not be liable for the failure of funds to arrive on time. If the base is given
If losses are caused by the fund, the fund manager shall be responsible for recovering the losses from a third party, and the fund custodian shall have the obligation to assist in the recovery.
9. Suspension of redemption and massive redemption
The Fund Manager shall carry out the suspension of redemption in strict accordance with relevant laws and regulations and the provisions of the Fund Contract
Deal with it accordingly and notify the Fund Custodian in a form agreed by both parties in a timely manner on the day when the redemption is suspended. The Fund Manager shall
In strict accordance with relevant laws and regulations as well as the provisions of the Fund Contract, the situation of huge redemption shall be handled accordingly, and a decision shall be made
Timely notify the Fund Custodian in a form agreed by both parties on the day when the partial redemption is postponed.
(6) Settlement of subscription and redemption funds
1. Before T+1 day (including T+1 day, and T day is the application day), the fund manager is responsible for the subscription and redemption of investors according to T day
The confirmation data of the Fund shall be summarized and transmitted to the Fund Custodian. Fund accounting under which the Fund Manager and Fund Custodian subscribe
handle.
The corresponding amount of subscription and redemption application on T day shall be settled within T+2 days. Fund Custody Account and "Fund Liquidation"
The capital settlement between accounts shall follow the principle of "full settlement and net settlement", and shall be based on the amount of funds receivable from the custody account
The difference of fund payment is used to determine the net receivable amount or net payable amount of the trust account on the current day, so as to determine the fund settlement amount. If trusteeship exists
The fund manager shall transfer the net receivable amount from the fund clearing account to the fund custody account before 15:00 on T+2 day,
The Fund Custodian shall notify the Fund Manager immediately after the funds are received and fax the relevant written vouchers to the Fund Manager
Accounting management; If there is a net payable amount in the custody account, the fund manager shall send the transfer instruction to the fund on the previous working day
The custodian, the fund custodian, shall transfer the net payable amount of the escrow account before 12:00 on T+2 according to the transfer instruction of the fund manager
To the fund clearing account, the fund custodian shall immediately notify the fund manager after the funds are transferred out, and submit the relevant written vouchers to the Fund
The financial manager conducts accounting management.
When there is a net payable amount in the custody account, if the fund bank account has sufficient funds, the fund custodian shall allocate them on time;
The Fund Custodian shall notify the Fund in a timely manner if the Fund Custodian fails to allocate funds on time due to insufficient funds in the Fund's bank account
The fund manager, if it is caused by the fund manager, shall bear the responsibility, and the fund custodian shall not bear the obligation of advance
Business.
(7) Fund conversion
The Fund Manager and the Fund Custodian shall handle the Fund in accordance with relevant laws and regulations, the Fund Contract and this Agreement
transformation.
(8) Responsibility determination and handling procedures for overbought or oversold funds
When performing the supervision function, the Fund Custodian shall
Immediately remind the Fund Manager that the Fund Manager shall be responsible for solving the problem, and the losses caused to the Fund and the Fund Custodian shall be borne by the Fund
Undertaken by the Manager. In case of overbought behavior not due to the Fund Custodian, the Fund Manager must
The funds previously allocated are used to complete the clearing and settlement.
7、 Calculation and accounting of fund net asset value
(1) Time and procedure for calculating and reviewing the 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
The net asset value of this type of fund is calculated by dividing it by the balance of this type of fund unit on the current day after the market is closed on the valuation day, with the accuracy of 0.0001
Yuan, rounded to the fifth place after the decimal point. The fund manager can set up an emergency adjustment of net value accuracy in the case of large redemption
Mechanism. If the national laws and regulations provide otherwise, such provisions shall prevail.
In accordance with relevant laws and regulations, the Fund Manager shall be responsible for the calculation of the net asset value of the Fund and the accounting of the Fund. book
The Fund Manager shall be responsible for the accounting of the Fund. Therefore, as for the accounting issues related to the Fund
After full discussion on the basis of equality, the parties still cannot reach an agreement. The fund manager shall calculate the net value of the fund
The calculation results shall be published to the public. On each valuation date, the Fund Manager shall value the assets of the Fund. However, the Fund Manager
Except when the valuation is suspended in accordance with laws and regulations or the fund contract. The valuation principle shall comply with the Fund Contract and the Securities Investment Fund
Accounting Business Guidelines and other laws and regulations. The Fund Manager shall value the Fund assets on each valuation date
After that, the net value results of various fund units will be sent to the fund custodian. After the Fund Custodian reviews the net value calculation results
The approved method shall be sent to the fund manager, who shall publish it to the public as agreed.
According to the Fund Law, the Fund Manager calculates and publishes the net value of the Fund, and the Fund Custodian reviews and reviews the Fund Management
The net asset value of the Fund calculated by the Manager.
(2) Fund asset valuation
The valuation principles shall comply with the Fund Contract, the Guidelines for Accounting Business of Securities Investment Funds and other laws and regulations
Provisions.
When the valuation method specified in relevant laws and regulations or the Fund Contract cannot objectively reflect the fair value of the fund property,
The Fund Manager may, according to the specific circumstances and after consultation with the Fund Custodian, value at the price that best reflects the fair value.
(3) Valuation error handling
1. When there is a valuation error within 4 decimal places (including the fourth decimal place) of the net value of fund units, it shall be deemed as an error in the net value of fund units;
In case of any error in the net value of fund units, the Fund Manager shall immediately correct it, notify the Fund Custodian, and take reasonable measures
Measures to prevent further expansion of losses; When the error deviation reaches 0.25% of the net value of the fund units, the fund manager shall notify the fund manager
The fund custodian shall also report to the CSRC for filing; When the error deviation reaches 0.5% of the net value of fund units, the fund manager shall make an announcement,
And report to the CSRC for filing; When there is an error in the calculation of the net value of the fund units, the fund manager shall be responsible for handling it, and thus the fund
If the fund share holder and the fund cause losses, the fund manager has the right to claim compensation from other parties according to the circumstances of the error
The administrator does not assume any responsibility.
2. When the calculation error of the net value of fund units is caused to the fund and fund units due to the fund manager and fund custodian
When compensation is required for losses caused by someone, the Fund Manager and the Fund Custodian shall define the responsibilities of both parties according to the actual situation
After confirmation, compensation shall be made according to the following terms:
(1) The Fund Manager shall be responsible for the accounting of the Fund. Accounting issues related to the Fund, such as
After full discussion on the basis of equality, if no agreement can be reached, it shall be implemented according to the proposal of the fund manager, and the fund share
The Fund Manager shall be responsible for compensating the direct losses caused by the Fund holder and the Fund property.
(2) If the net value of fund units calculated by the fund manager has been announced after being reviewed and confirmed by the fund custodian, and
If the administrator does not raise doubts about the calculation process or require the fund manager to explain in writing, the net value of the fund unit is wrong and the fund
In case of direct loss of unit holders, compensation shall be paid to fund unit holders or funds in accordance with laws and regulations
The amount of compensation paid to the Fund Unitholders or the Fund, and the Fund Manager and the Fund Custodian shall pay their respective management fees
And the proportion of custody fee.
(3) For example, the Fund Manager and the Fund Custodian have recalculated and verified the net value of the Fund units for many times
Yes, if no agreement can be reached, in order to avoid the situation that the net value of fund units cannot be announced on time, it shall be calculated by the fund manager
If it is announced to the public, the Fund Manager shall be responsible for compensating the direct losses caused to the Fund Unitholders and the Fund.
(4) Due to the information error provided by the fund manager (including but not limited to the fund purchase or redemption amount)
The Fund Manager shall be responsible for compensating the losses of the Fund Unitholders and the Fund property caused by the calculation error of the net value of the Fund Units.
3. Due to force majeure, or data errors sent by securities/futures exchanges, registration and clearing companies and other institutions
As a result, although the Fund Manager and the Fund Custodian have taken necessary, appropriate and reasonable measures for inspection, they failed to find
In case of such error, the Fund Manager and the Fund Custodian will be exempted from compensation liability for the resulting error in the valuation of the Fund's assets, but the Fund
The Manager and the Fund Custodian shall actively take necessary measures to mitigate or eliminate the impact caused thereby.
4. The net value of the fund manager and the fund custodian due to their respective technical system settings shall be used to calculate the tail difference
The calculation results shall prevail.
5. If the above contents are otherwise stipulated by laws and regulations or regulatory authorities, their provisions shall prevail. If the industry has other common practices,
Both parties shall negotiate in the principle of equality and protection of the interests of fund share holders.
6. Other circumstances identified by the CSRC and the Fund Contract.
(4) Suspension of valuation:
(1) The securities/futures trading market or foreign exchange market involved in the fund investment is suspended on statutory holidays or for other reasons
Business hours;
(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 with the fund custodian,
The Fund Manager shall suspend the valuation;
(4) Other circumstances identified by the CSRC and the fund contract.
(4) Establishment of fund account book
After the Fund Contract comes into force, the Fund Manager and the Fund Custodian shall follow the same accounting method agreed by the relevant parties
And accounting treatment principles, independently set up, record and keep the full set of account books of the Fund
Regularly check and supervise each other to ensure the safety of fund assets. If both parties disagree on the accounting treatment method
The fund manager's handling method shall prevail.
If the accounts of the relevant parties are found to be inconsistent after reconciliation, the Fund Manager and the Fund Custodian must promptly identify the reasons and
Correct and ensure that the records of the account books recorded in parallel by relevant parties are completely consistent. If the check on the current day is inconsistent, the wrong account cannot be found temporarily
If the calculation and announcement of the net value of the Fund are affected by the reason of, the account book of the Fund Manager shall prevail.
(5) Preparation and review of regular reports of the Fund
The financial statements of the Fund shall be independently prepared by the Fund Manager and the Fund Custodian on a monthly basis. The monthly report shall be prepared every
It shall be completed within 5 working days after the end of the month.
After the Fund Contract comes into force, if the information in the Prospectus of the Fund changes significantly, the Fund Manager shall
Update the fund prospectus and publish it on the specified website within working days; Where other information in the prospectus changes,
The Fund Manager shall be updated at least once a year. If the Fund terminates its operation, the Fund Manager will no longer update the Prospectus of the Fund.
After the Fund Contract comes into force, if the information in the summary of fund product information changes significantly, the Fund Manager shall
Within three working days, update the summary of fund product information and publish it on the specified website and the website or business outlet of the fund sales agency;
In case of any change in other information of the fund product information summary, the fund manager shall update it at least once a year. If the fund terminates its operation,
The fund manager will no longer update the fund product information summary.
The Fund Manager shall complete the preparation and announcement of the quarterly report within 15 working days from the end of the quarter; In half of the fiscal year
The interim report shall be prepared and announced within two months after the end of the year; Complete the preparation of the annual report within three months after the end of the accounting year and
Notice.
The Fund Manager shall complete the monthly report within 5 working days. On the day when the monthly report is completed, the Fund Manager shall affix its official seal to the report,
Provide relevant reports to the Fund Custodian for review by encrypted fax; The Fund Custodian shall review within 3 working days, and
Timely notify the Fund Manager of the review results in writing. The fund manager shall complete the quarterly report within 7 working days
On the day when the report is completed, the relevant report shall be submitted to the Fund Custodian for review. The Fund Custodian shall review the report within 7 working days after receiving the report,
And notify the Fund Manager of the review results in writing. The Fund Manager shall complete the interim report within 30 days, and the interim report shall be completed within 30 days
On the same day, the relevant report will be submitted to the Fund Custodian for review. The Fund Custodian will review the report within 30 days after receiving it and will review it
The result shall be notified to the fund manager in writing. The Fund Manager shall complete the annual report within 45 days, and on the day when the annual report is completed
The relevant report shall be submitted to the Fund Custodian for review, and the Fund Custodian shall review it within 45 days after receiving it and notify the review result in writing
Fund Manager.
When the Fund Custodian finds discrepancies in the statements of relevant parties during the review process, the Fund Manager and the Fund Custodian
The reasons shall be jointly identified and adjusted, and the adjustment shall be subject to the accounting treatment method recognized by the relevant parties. After verification, the fund
The custodian shall affix its seal on the report provided by the fund manager or issue a review opinion affixed with the business seal of the custody business department
Each party concerned shall keep one copy of the letter. If the Fund Manager and the Fund Custodian cannot
If the relevant statements are agreed, the Fund Manager has the right to publish an announcement in accordance with the statements prepared by it, and the Fund Custodian has the right to
The relevant information shall be reported to the CSRC for filing.
After reviewing the financial accounting report, interim report or annual report, the Fund Custodian shall stamp for confirmation or issue a copy of
The review confirmation letter shall be provided for the prompt when the competent authority reviews the relevant documents.
8、 Fund income distribution
(1) Principle of fund income distribution
Fund income distribution refers to the distribution amount and proportion of the fund's distributable profits determined according to the income distribution plan
The number of fund units held shall be distributed to the fund unit holders in proportion.
The income distribution shall comply with the provisions of the Fund Contract on the principle of income distribution.
(2) Procedures for Formulation and Implementation of Fund Income Distribution Plan
The income distribution plan of the Fund shall be formulated by the Fund Manager and reviewed by the Fund Custodian in accordance with the Information Disclosure Office
The relevant provisions of the Law are announced in the specified media.
9、 Information disclosure
(1) Confidentiality obligations
Except in accordance with the Fund Law, the Information Disclosure Measures, the Fund Contract and the CSRC's
In addition to the disclosure of the relevant provisions, the Fund Manager and the Fund Custodian have the information generated in the operation of the Fund and obtained from the other party
The obtained business information shall be kept confidential. Any information of the Fund Manager and the Fund Custodian on the Fund, the Exclusion Law
In addition to the regulations, it shall not disclose to any third party before its public disclosure. However, the following should not be considered
The Fund Manager or the Fund Custodian violates the confidentiality obligation:
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, arbitration award or CSRC and other regulatory authorities
Information disclosure or disclosure made by the order or decision of.
(2) Contents of information disclosure
The Fund Manager and the Fund Custodian shall bear their respective responsibilities in accordance with relevant laws and regulations and the provisions of the Fund Contract
Responsibility for information disclosure. The Fund Manager and the Fund Custodian shall actively cooperate, supervise and supervise each other to ensure their performance
The obligation to disclose in a statutory manner and within a time limit.
The information disclosure of the Fund mainly includes the Fund Prospectus, the Fund Contract, the Fund Custody Agreement and the fund product information
Summary of information, announcement on the sale of fund units, announcement on the effectiveness of the Fund Contract, regular reports, interim reports, and information on net fund value
And other necessary announcement documents shall be drafted and published by the fund manager.
The Fund Manager and the Fund Custodian shall strictly comply with the information disclosure requirements specified in the Fund Contract. Fund net value letter
Information about funds disclosed publicly, such as interest, fund performance data, regular fund reports and updated prospectus
If the relevant provisions need to be reviewed by the Fund Custodian, the Fund Custodian must review and examine them and issue a written document to the Fund Manager
Document or seal confirmation. The relevant information can be released only after it is verified by the Fund Custodian. Others do not need to be replied by the Fund Custodian
The Fund Custodian shall be informed in a timely manner of the contents of the information disclosed.
The financial report part of the annual report shall be approved by an accounting firm conforming to the Securities Law of the People's Republic of China
It can be disclosed only after audit.
The Fund Manager and the Fund Custodian shall, within the time limit prescribed by the CSRC, submit the fund information that should be disclosed to the public in accordance with
National newspapers and periodicals (hereinafter referred to as "regulated newspapers and periodicals") that meet the requirements of the CSRC for information disclosure and
Internet websites (hereinafter referred to as "regulated websites") and other media as specified in the Measures for Information Disclosure, and ensure that fund investors
Be able to consult or copy publicly disclosed information at the time and in the manner agreed in the Fund Contract.
(3) Responsibilities and information disclosure procedures of the Fund Manager and the Fund Custodian in information disclosure
1. Responsibilities
The Fund Custodian and the Fund Manager shall be honest in the process of information disclosure with the purpose of protecting the interests of fund share holders
Keep your promises and keep your secrets. The Fund Manager shall be responsible for handling the information disclosure related to the Fund which shall be in the charge of the Fund Manager,
The Fund Custodian shall be notified in advance of the matters that shall be reviewed by the Fund Custodian as prescribed in Paragraph (2) of this Article
A person shall give a written reply within the specified time after receiving the notice.
2. Procedure
Information disclosure documents subject to review by the Fund Custodian in accordance with relevant regulations shall be drafted by the Fund Manager and submitted to the Fund Custodian
After review, the Fund Manager shall make an announcement.
In case of any event required to be disclosed in the Fund Contract, it shall be announced in accordance with the Fund Contract.
3. Storage and reference of information disclosure documents
After the release of the information that must be disclosed according to law, the Fund Manager and the Fund Custodian shall, in accordance with the relevant laws and regulations
The information shall be kept at their respective residences for public reference and reproduction. Copies of the above documents can be obtained after paying the cost of production or
copy.
The Fund Manager and the Fund Custodian shall ensure that the content of the text is completely consistent with the content of the announcement.
4. Suspension or delay of information disclosure
The Fund Manager and the Fund Custodian may suspend or delay the disclosure of fund related information when:
(1) Force majeure;
(2) Valuation suspension occurs;
(3) Other circumstances stipulated by laws and regulations, recognized by the CSRC or the Fund Contract.
10、 Fund expenses
Fund expenses shall be withdrawn and paid in accordance with the provisions of the Fund Contract.
11、 Custody of the Register of Fund Unitholders
The list of Fund Unitholders properly kept by the Fund Manager, including the effective date of the Fund Agreement and the Fund Agreement
Fund Unitholders on the termination date, the equity registration date of the general meeting of Fund Unitholders, June 30 and December 31 of each year
roster. The contents of the register of fund unit holders must include the names of fund unit holders and the fund units they hold.
The register of fund share holders shall be prepared and kept by the fund registration authority in accordance with the instructions of the fund manager, who shall
Keep the register of fund unit holders in accordance with the current relevant rules. The storage mode can be electronic or document. Fund registration
The time limit for recording the register of fund unit holders in institutional custody is 20 years, unless otherwise stipulated by laws and regulations or the regulatory authorities.
Before the Fund Custodian prepares the interim report and annual report, the Fund Manager shall
The list of fund holders shall be sent to the fund custodian in the form of electronic or document, and the authenticity
Accurate and complete. The Fund Custodian shall keep it properly and shall not use the register of holders for purposes other than fund custody business.
12、 Preservation of Fund related documents and archives
(1) Archive keeping
The Fund Manager and the Fund Custodian shall keep the fund account books, original vouchers and vouchers of the Fund according to their respective responsibilities
Certificates, transaction records, announcements, important contracts and other relevant materials shall be kept confidential and kept within the specified period. fund management
The Fund Custodian shall keep the records, account books, statements and other relevant materials of the Fund's property management business activities, and the Fund Custodian shall keep the
Records, account books, statements and other relevant materials of financial custody business activities. The storage period shall not be less than 20 years
Unless otherwise specified by the regulatory authority.
(2) Establishment of contract archives
1. The Fund Manager or the Fund Custodian shall, after signing the contract related to the Fund, promptly comply with relevant laws and regulations
In accordance with the provisions of this Agreement, the original or copy of the contract shall be submitted to the other party.
2. The Fund Manager and the Fund Custodian shall keep the originals of all contracts signed with respect to the Fund assets in accordance with their respective responsibilities.
(3) Change and assistance
If the Fund Manager and the Fund Custodian are changed, the unchanged party is obliged to assist the changed successor to take over
Shall be documented.
13、 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. Procedures for changing the fund manager
(1) Nomination: The new fund manager shall be the fund custodian or the fund manager shall hold more than 10% (including 10%) of the fund alone or jointly
Nomination of Fund Unitholders of Units;
(2) Resolution: The general meeting of fund share holders shall manage the nominated funds within 6 months after the termination of the duties of the fund manager
The manager shall form a resolution, which shall be subject to more than 2/3 (including 2/3) of the voting rights held by fund share holders attending the meeting
The resolution shall be passed, and shall come into force as of the date of voting;
(3) Temporary fund manager: Before the new fund manager is appointed, the CSRC shall appoint a temporary fund manager;
(4) Filing: the resolution of the General Meeting of Fund Unitholders to change the Fund Manager must be reported to the CSRC for filing;
(5) Announcement: After the replacement of the Fund Manager, the Fund Custodian shall appoint the holders of fund units who change the Fund Manager
The resolution shall be announced in the specified media within 2 days after it takes effect;
(6) Handover: If the responsibilities of the fund manager are terminated, the fund manager shall properly keep the fund management business information and timely
Handle the transfer procedures of fund management business with the temporary fund manager or the new fund manager
The Fund Manager shall promptly accept it. The new Fund Manager shall check the total value of the Fund's assets with the Fund Custodian;
(7) Audit: if the duties of the fund manager are terminated, an accounting firm shall be engaged to audit the fund in accordance with laws and regulations
Audit the property, announce the audit results, and report to the CSRC for record;
(8) Change of fund name: after the replacement of the fund manager, if required by the original or new fund manager
It is required to replace or delete the name words related to the original fund manager in the fund name.
3. After the termination of the original fund manager's duties, before the new fund manager or temporary fund manager takes over the fund management business,
The former Fund Manager and Fund Custodian shall take prudent measures to ensure the safety of the Fund assets, and shall not
Loss caused by interests and the obligation to assist the new fund manager or temporary fund manager to restore the investment operation of fund assets as soon as possible
Work.
(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 changing the Fund Custodian
(1) Nomination: The new fund custodian shall be the fund manager or the fund manager alone or jointly holding more than 10% (including 10%) of the fund
Nomination of Fund Unitholders of Units;
(2) Resolution: The General Meeting of Fund Unitholders shall, within 6 months after the termination of the duties of the Fund Custodian
The administrator shall form a resolution, which shall be subject to the form of more than 2/3 (including 2/3) of the voting rights held by the fund share holders attending the meeting
The resolution shall be passed, and shall come into force as of the date of voting;
(3) Temporary Fund Custodian: Before the new Fund Custodian is appointed, the CSRC shall appoint a temporary Fund 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 be responsible for
The resolution shall be announced in the specified media within 2 days after it takes effect;
(6) Handover: Where the duties of the Fund Custodian are terminated, the Fund Custodian shall properly keep the Fund assets and the Fund custody business information, and
The transfer procedures of fund assets and fund custody business shall be handled at the same time, and the new fund custodian or temporary fund custodian shall promptly
receive. The new Fund Custodian shall check the total value of the Fund's assets with the Fund Manager;
(7) Audit: If the duties of the Fund Custodian are terminated, an accounting firm shall be engaged to audit the Fund in accordance with laws and regulations
The assets shall be audited, and the audit results shall be announced, and reported to the CSRC for filing.
(3) 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, 10% of the total Fund shares will be held by the Fund Manager alone or jointly
The above (including 10%) fund share holders nominate new fund managers and fund custodians;
(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 replace the Fund Manager and the Fund Custodian
Joint announcement shall be made on the specified media within 2 days after the resolution of the general meeting of gold share holders takes effect.
14、 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 mix their own property or other people's property with the Fund property to engage in securities
investment.
(2) The Fund Manager and the Fund Custodian treat unfairly the different fund assets under their management or custody.
(3) The Fund Manager and the Fund Custodian make use of the Fund assets to make profits for a third party other than the Fund Unitholders
Benefits.
(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 during the operation of the Fund
Information disclosed in a public way.
(6) The Fund Manager issues investment instructions, redemption and dividend to the Fund Custodian without sufficient funds
The transfer order of funds, or the order sent to the fund custodian in violation of regulations.
(7) The Fund Custodian delays or refuses to execute the effective instructions of the Fund Manager that comply with this Agreement.
(8) The Fund Manager and the Fund Custodian are not independent in administration and finance, and their senior fund managers are mutually independent
part-time job.
(9) The Fund Custodian privately uses or disposes of the Fund assets in accordance with the legal instructions of the Fund Manager and the Fund Agreement
Or the provisions of the custody agreement.
(10) The Fund Manager and the Fund Custodian shall not use the Fund assets for the following investments or activities: (1) underwriting
negotiable securities; (2) Lending or providing guarantee to others in violation of regulations; (3) Investment with unlimited liability; (4) Buy and sell
Other fund units, unless 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) Laws, administrative regulations and
Other activities prohibited by the CSRC.
(11) Other acts prohibited by laws and regulations and the fund contract, and in accordance with the relevant provisions of laws and regulations
Other acts prohibited by the Fund Manager and the Fund Custodian.
(12) Laws, administrative regulations or regulatory authorities cancel or change the above prohibitive provisions, if applicable to the Fund
The administrator has the right to implement in accordance with the laws and regulations or the regulations adjusted or modified by the regulatory authorities after performing the appropriate procedures, and shall report to the investment
The investor shall perform the obligation of information disclosure.
15、 Change and termination of fund custody agreement and liquidation of fund assets
(1) Change and termination of custody agreement
1. Change procedure of custody agreement
The parties to this agreement may change the contents of the agreement upon consensus. The changed custody agreement,
Its contents shall not conflict with the provisions of the Fund Contract, and shall be stamped by the Fund Manager and the Fund Custodian
Seal or special seal for contract and signature (seal) of legal representatives or authorized agents of both parties for confirmation. Of the Fund Custody Agreement
The change shall be reported to the CSRC for filing.
2. Termination of the Fund Custody Agreement
This Escrow Agreement shall be terminated in the following circumstances:
(1) The Fund Contract is terminated;
(2) The Fund Custodian is dissolved, revoked, bankrupt or has other Fund Custodian take over the Fund assets;
(3) The Fund Manager is dissolved, revoked according to law, bankrupt or has other Fund Managers take over the Fund management right;
(4) In case of termination under laws and regulations or the Fund Contract.
(2) Liquidation of fund assets
1. Fund asset liquidation team: establish a liquidation team within 30 working days from the date of termination of the Fund Contract
The Fund Manager shall organize a fund asset liquidation group and carry out fund liquidation under the supervision of the CSRC.
2. Before the Fund Assets Liquidation Team takes over the Fund Assets, the Fund Manager and the Fund Custodian shall
And the provisions of this Custody Agreement continue to perform the responsibility of protecting the security of the Fund's assets.
3. Composition of the Fund Assets Liquidation Team: The Fund Assets Liquidation Team consists of the Fund Manager, the Fund Custodian, and the members who have
Certified public accountants, lawyers with securities related business qualifications and personnel designated by the CSRC. Fund property liquidation
The team can hire necessary staff.
4. Responsibilities of the Fund Assets Liquidation Team: The Fund Assets Liquidation Team is responsible for the custody, liquidation, valuation and realization of the Fund assets
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 issue the liquidation report
Legal opinion;
(6) Submit the liquidation report to the CSRC for filing and announcement;
(7) Distribute the remaining assets of the Fund.
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 restricted and cannot be realized in time
The liquidation period shall be extended accordingly.
6. Liquidation expenses
Liquidation expenses refer to all reasonable expenses incurred by the fund assets liquidation team in the process of fund liquidation
The liquidation group of the fund assets shall give priority to the payment from the remaining assets of the fund.
7. Fund assets shall be paid off in the following order:
(1) Payment of clearing fees;
(2) Pay the taxes owed;
(3) Pay off fund debts;
(4) It shall be distributed in proportion to the fund units held by the fund unit holders.
Fund assets shall not be distributed to fund share holders until they have been paid off in accordance with the provisions of Items (1) - (3) of the preceding paragraph.
(3) Announcement of Fund Assets Liquidation
Major issues related to the liquidation process must be announced in a timely manner; The liquidation report of the fund assets is in accordance with the Certificate of the People's Republic of China
The accounting firm specified in the Securities Law shall audit and the law firm shall issue a legal opinion, which shall be reported to the CSRC for filing and announcement.
The Fund assets liquidation announcement shall be cleared within 5 working days after the Fund assets liquidation report is submitted to the CSRC for filing
The group shall make an announcement, and the fund assets liquidation group shall publish the liquidation report on the specified website and make the liquidation report suggestive
The announcement was published in the required newspapers and periodicals.
(4) The fund assets liquidation account book and relevant documents shall be kept by the fund custodian,
The storage time shall not be less than the minimum period specified by laws and regulations.
16、 Liability for breach of contract
(1) If the Fund Manager or the Fund Custodian fails to perform this Agreement or violates this Agreement due to its fault,
The party at fault shall bear the liability for breach of contract, and if it causes losses to the other party, it shall compensate for the direct losses. as
In case of failure to perform this Agreement or breach of this Agreement due to the fault of both parties, both parties shall, according to the actual situation
If they bear their respective liabilities for breach of contract and cause damage to the fund assets or fund unit holders, they shall respectively
To bear liability for compensation according to law; If the joint act causes damage to the fund property or the fund unit holders, they shall bear
With liability. Compensation for losses shall be limited to direct losses. However, the party concerned shall be exempted from liability in the following circumstances:
1. The Fund Manager and/or the Fund Custodian shall act or not act in accordance with the then effective laws and regulations or the provisions of the CSRC
Losses caused by actions, etc;
2. The Fund Manager exercises or does not exercise its investment right in accordance with the investment principles specified in the Fund Contract
Loss, etc;
3. Force majeure.
(2) The Fund Manager and the Fund Custodian make business errors due to factors beyond their control
Although the Fund Custodian has taken necessary, appropriate and reasonable measures to check, it fails to find the error
The Fund Manager and the Fund Custodian shall be exempted from compensation liability for any loss of the Fund property or investors. But the fund manager and the fund manager
The fund custodian shall actively take necessary measures to eliminate or mitigate the impact caused thereby.
(3) In case of breach of contract by one or more parties, the premise of protecting the interests of fund share holders to the maximum extent
If the Fund Contract can continue to be performed, it shall continue to be performed. The non breaching party is obliged to be timely within the scope of its responsibilities
Take necessary measures to prevent the expansion of losses. If the loss is further expanded due to failure to take appropriate measures, it shall not be expanded
Claim compensation for the loss of. The reasonable expenses incurred by the non defaulting party to prevent the loss from expanding shall be borne by the defaulting party.
17、 Applicable Law and Dispute Resolution
(1) This agreement is governed by the laws of China (for the purpose of this agreement, Hong Kong, Macao Special Administrative Region and Taiwan are excluded here
Regional law).
(2) Both parties agree that all disputes arising out of or in connection with this agreement, except through friendly negotiation
If it can be settled, it shall be submitted to the China International Economic and Trade Arbitration Commission, which shall enter Beijing in accordance with the Commission's arbitration rules in effect at that time
The arbitration award shall be final and binding on both parties.
During the dispute settlement period, the Fund Manager and the Fund Custodian shall abide by their respective responsibilities and continue to perform faithfully, diligently and responsibly
Perform the obligations specified in the Fund Contract and this Custodian Agreement, and safeguard the legitimate rights and interests of fund share holders.
18、 Validity and text of the Fund Custody Agreement
(1) This Agreement has been signed (or sealed) by the legal representatives or authorized agents of the Fund Manager and the Fund Custodian
And affix the official seal (or special seal for contract). The official text of this agreement is the text registered by the CSRC.
(2) This Agreement shall be established from the date of establishment of the Fund Contract, and shall come into force from the date of effectiveness of the Fund Contract
It shall take effect from the date of its entry into force to the date when the liquidation result of the fund assets is reported to the CSRC for filing and announced.
(3) This agreement has the same legal binding force on all parties since the effective date.
(4) This Agreement is made in triplicate. In addition to one copy submitted to the relevant regulatory authority, the Fund Manager and the Fund Custodian respectively
Hold two copies, each of which has the same legal effect.
19、 Other matters
(1) Both parties hereby confirm that both parties have fully understood and understood that each party opposes its employees to seek any
And promises to avoid such situations in the principle of integrity and fairness, and will not provide any private information to the employees of the other party
Rebates, cash gifts, negotiable securities, valuables, various rewards, private expense compensation, private tourism, high consumption entertainment
Delight in improper interests.
(2) During the duration of this Agreement, the Fund Manager shall perform corresponding anti money laundering obligations in accordance with laws and regulations and actively cooperate
The custodian account opening and settlement bank shall carry out the customer identification work according to the requirements of the regulatory authority on anti money laundering, and provide authenticity and accuracy
Accurate and complete customer information, complying with the relevant management regulations of all parties on anti money laundering and anti-terrorism financing. For those who have reasonable grounds to suspect
For customers suspected of money laundering and terrorist financing, either party has the right to take necessary control measures in accordance with the anti money laundering regulations of the People's Bank of China
Implementation.
(3) Matters not covered in this Agreement shall be handled through consultation by the parties in accordance with the Fund Contract and relevant laws, regulations and provisions.
(No text below)
(This is the signature page of Dacheng Yuanxiang Tianli Bond Securities Investment Fund Custody Agreement, without text)
This agreement is signed by the following two parties on _______. Both parties confirm that after signing this agreement
Both parties have explained and discussed all the terms in detail, both parties have no doubt about all the terms of the agreement, and
The parties in this agreement have an accurate understanding of the legal meaning of the rights and obligations and liability limitation or exemption clauses.
Fund Manager (official seal or special seal for contract) Fund Custodian (official seal or special seal for contract)
Legal representative or authorized agent Legal representative or authorized agent
(Signature or seal) (Signature or seal)