Custody Agreement of Tianhong Selected Hybrid Securities Investment Fund (Updated)
Fund Manager: Tianhong Fund Management Co., Ltd
Fund Custodian: Industrial and Commercial Bank of China Limited
catalog
1、 Parties to the Escrow Agreement three
2、 Basis, purpose and principle of entering into custody agreement five
3、 Business supervision and verification between the Fund Custodian and the Fund Manager six
4、 Custody of Fund Property eight
5、 Delivery, confirmation and execution of transfer instructions eleven
6、 Transaction Arrangement thirteen
7、 Calculation and Accounting of Net Asset Value of the Fund fifteen
8、 Fund income distribution nineteen
9、 Registration and Custody of the Register of Fund Unitholders twenty-one
10、 Information disclosure twenty-two
11、 Preservation of Fund related documents and archives twenty-three
12、 Fund Custodian Report twenty-four
13、 Replacement of Fund Custodian and Fund Manager twenty-five
14、 Management fee of the Fund Manager and custody fee of the Fund Custodian twenty-seven
15、 Prohibited acts twenty-nine
16、 Liability for breach of contract thirty
17、 Dispute resolution and applicable law thirty-one
18、 Effectiveness of the Escrow Agreement thirty-two
19、 Modification and Termination of Escrow Agreement thirty-three
20、 Other matters thirty-four
1、 Parties to the Escrow Agreement
（1） Fund manager
Name of Fund Manager: Tianhong Fund Management Co., Ltd
Registered address: 23rd Floor, Baofeng Building, No. 3678 Xinhua Road, Tianjin Pilot Free Trade Zone (CBD)
Office address: Floor 16, Building A, Tianjin International Economic and Trade Center, No. 59, Machang Road, Hexi District, Tianjin
Postal code: 300203
Legal representative: Han Xinyi
Date of establishment: November 8, 2004
Approval authority and approval document number: CSRC Zhengjian Jiji Zi [2004] No. 164
Organizational form: limited liability company
Registered capital: 514.3 million yuan
Duration: continuous operation
Business scope: fund raising, fund sales, asset management, asset management for specific clients
Other businesses permitted by the CSRC.
Tel: (022) 83310208
（2） Fund Custodian
Name of Fund Custodian: Industrial and Commercial Bank of China Limited
Registered address: No. 55, Fuxingmennei Street, Xicheng District, Beijing
Legal representative: Chen Siqing
Time of establishment: January 1, 1984
The establishment approval authority and establishment document number: September 17, 1983
Decision on the Exercise of Central Bank Functions
Registered capital: 349321234600 yuan
Duration: continuous operation
Business scope: RMB deposit, loan and settlement business; Resident savings business; Trust loan and investment
Capital business; Financial leasing business; Foreign exchange deposit; Foreign exchange remittance; Foreign exchange investment; Issued at home or abroad or
Issuing foreign currency securities as an agent; Trade and non trade settlement; Discount of foreign currency bills; Foreign exchange lending; business
Or trading foreign exchange and foreign currency securities as an agent; Domestic and overseas foreign exchange borrowings; Exchange of foreign exchange and foreign currency bills;
Foreign exchange guarantee; Safe deposit box business; Credit investigation and consulting services; Custody of securities investment funds; Social security fund
trusteeship; Enterprise annuity trusteeship; Entrusted asset custody; Trust assets custody; Individual account of basic endowment insurance
Fund custody; Rural social security fund trusteeship; Custody of investment linked insurance products; Trust of income and expenditure account
Tube; Qualified Foreign Institutional Investors (QFII) domestic securities investment custody.
2、 Basis, purpose and principle of the trusteeship agreement
This agreement is in accordance with the Securities Investment Fund Law (hereinafter referred to as the Fund Law) and the Securities Investment Fund Operation
Measures for the Administration of Securities Investment Fund Sales (hereinafter referred to as the "Operation Measures")
Referred to as "Sales Measures"), "Administrative Measures for Information Disclosure of Publicly Offered Securities Investment Funds" (hereinafter referred to as "Credit
Measures for Information Disclosure), Regulations on Liquidity Risk Management of Open ended Securities Investment Funds Publicly Offered, Tianhongjing
Select the Hybrid Securities Investment Fund Contract (hereinafter referred to as the Fund Contract) and other relevant regulations
Order.
The purpose of this Agreement is to clarify the register of fund share holders between the Fund Custodian and the Fund Manager
Registration and custody of the Fund, custody of the Fund property, management and operation of the Fund property, subscription and redemption of the Fund
And mutual supervision to ensure the safety and protection of fund assets
The legitimate rights and interests of fund unit holders.
The Fund Manager and the Fund Custodian, on the principle of equality, voluntariness, honesty and credibility,
Sign this agreement.
3、 Business supervision and verification between the Fund Custodian and the Fund Manager
1. In accordance with the Fund Law, the Fund Contract, this Agreement and relevant fund regulations
The custodian's investment object of the fund, the investment portfolio proportion of the fund property, the accounting of the fund property, and the fund assets
Calculation of net asset value, provision and payment of fund manager's remuneration, payment of fund fees, fund subscription capital
The legality of fund receipt and redemption fund transfer, fund income distribution, fund financing conditions, etc
Compliance shall be monitored and verified, in which the supervision and inspection of the investment proportion of the Fund shall be conducted from the contract of the Fund
It starts six months after the effective date.
The Fund Custodian finds that the Fund Manager has violated the Fund Law, the Fund Contract, this Agreement or relevant laws and regulations
The Fund Manager shall be notified in writing to correct the acts specified in the Financial Regulations within a time limit
Upon receipt of the notice, it shall check it in a timely manner and send a written reply to the Fund Custodian for confirmation. 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 manager
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 Supervisory Commission. The Fund Custodian shall have the obligation to require the Fund Manager to compensate investors for losses caused by its negligence.
If the Fund Custodian finds that the Fund Manager has major violations, it shall immediately report to the CSRC
The Fund Manager shall be notified to make corrections within a time limit.
2. In accordance with the Fund Law, the Fund Contract, this Agreement and other relevant provisions, the Fund Manager
Whether the Fund Custodian has timely executed the Fund Manager's transfer instructions, used the Fund assets without authorization
Whether the income distributed to fund share holders is transferred into the dividend distribution account on time and the fund is managed
To supervise and verify.
The Fund Manager shall regularly check the Fund assets kept by the Fund Custodian. The fund manager finds that
The Fund Custodian fails to manage the Fund assets separately, misappropriates the Fund assets without authorization, or
If the fault causes the loss, impairment or danger of the Fund property, the Fund Manager shall immediately
The method requires the Fund Custodian to make corrections and take necessary remedial measures. The Fund Manager is obliged to request
The Fund Custodian shall compensate the Fund for the losses incurred therefrom.
The Fund Manager finds that the Fund Custodian's behavior violates the Fund Law, the Fund Contract, this Agreement or
The Fund Custodian shall be timely notified in writing of the provisions of relevant fund laws and regulations to make corrections within a time limit, and the Fund Custodian shall
After receiving the notice, the Fund Manager 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 vs
If the violation notified by the Fund Manager fails to be corrected within the time limit, the Fund Manager shall report to the CSRC
meeting.
If the Fund Manager finds that the Fund Custodian has major violations, it shall immediately report to the CSRC
The Fund Custodian shall be notified to make corrections within a time limit.
3. The Fund Manager and the Fund Custodian have the obligation to cooperate and assist each other in fund business in accordance with this Agreement
Implement supervision and verification. The Fund Manager or the Fund Custodian refuses or obstructs the other party without justified reasons
This agreement provides for exercising the right of supervision, or hindering the other party from effective supervision by means of delay, fraud, etc
If it is serious or fails to correct after being warned by the supervisor, the supervisor shall report to the CSRC.
4、 Fund property custody
（1） Principles of Fund Property Custody
1. The Fund Custodian shall keep the Fund assets in a safe and complete manner. Without proper instructions from the Fund Manager,
They shall not use, dispose of or distribute any assets of the Fund on their own. Under the effective control of the Fund Custodian
The liability arising from the damage or loss of physical securities in the custody of the Fund Custodian shall be borne by the Fund Custodian
The manager shall bear the responsibility.
2. The fund property shall be independent of the self owned property of the fund manager and the fund custodian.
3. The Fund Custodian shall open a fund account and a securities account of the Fund assets in accordance with the provisions
The fund property shall be set up with separate accounts, which shall be implemented with other businesses of the fund custodian and the custody business of other funds
Strict separate account management ensures the integrity and independence of fund assets.
4. The receivable property generated in the process of fund investment and fund application (subscription) shall be managed by the fund
The manager is responsible for determining the date of receipt with the relevant parties and notifying the custodian that the fund property has not arrived on the date of receipt
The custodian shall timely notify the fund manager to take measures to collect the funds. Therefore, the fund
In case of losses, the Fund Manager shall be responsible for recovering the losses of the Fund from the relevant parties.
（2） Verification of raised funds
During the subscription period, the sales agency will transfer the subscription funds into the fund management as agreed in the sales and service agency agreement
The "Special Fund Subscription Account of Tianhong Fund Management Co., Ltd." opened by the Manager in a commercial bank with custody qualification.
Upon the expiration of the fund raising period, the fund manager shall employ an accounting firm qualified to engage in securities business
Capital verification shall be carried out and a capital verification report shall be issued. The capital verification report shall be issued by more than 2 (including 2) participants
The signature of Chinese CPA is valid. Upon completion of capital verification, the Fund Manager shall deposit all funds raised
In the special fund custody account opened by the fund custodian for the fund, the fund custodian shall issue the fund
Gold property receiving report.
（3） Transfer of subscription funds and redemption funds of investors
The fund subscription and redemption shall be settled by single net settlement, and the net amount shall be settled in the morning of T+3
11: Settlement before 00.
The Fund Custodian shall timely check whether the subscription funds have arrived in the account. For the funds that have not arrived in the account on time, it shall
The Fund Manager shall be notified and be responsible for collection.
The Fund Custodian shall, in accordance with the instructions of the Fund Manager, transfer the funds due to the redemption of investors
The transfer shall be reviewed by the custodian before it is transferred, and it can be transferred only after there is no error.
（4） Opening and management of the Fund's bank account
The Fund Custodian shall, in the name of the Fund Custodian, open a special fund custody account in its business institution to keep the Fund
Bank deposit of gold. The special account for fund custody means that the fund custodian, under the centralized custody mode
The special account for primary settlement between the managed funds and China Securities Depository and Clearing Corporation Limited. This account
The Fund Custodian shall be responsible for the establishment and management of the Fund Custodian. All monetary income and expenditure activities of the Fund shall be conducted through the Fund
The custodian's special fund custody account.
The opening and use of the special fund custody account shall be limited to meet the needs of conducting the fund business. Fund Custody
The Fund Manager and the Fund Manager shall not open any bank account in the name of the Fund; And may not use the fund
Any account carries out activities other than the business of the Fund.
The management of the special fund custody account shall comply with the Bank Account Management Measures, the Cash Management Regulations
Relevant Provisions of the People's Bank of China on Interest Rate Management, Notice on Large Cash Payment Management, Payment Settlement
Accounting Method and other regulations of the People's Bank of China.
（5） Fund securities account Opening and management of securities trading capital account
The Fund Custodian shall, in the joint name of the Fund Custodian and the Fund, register with China Securities Depository and Clearing Corporation Limited
The Company's Shanghai Branch/Shenzhen Branch opened a 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 Custody
The Fund Manager and the Fund Manager shall not lend or transfer any securities account of the Fund without the consent of the other party; Neither
Any account of the Fund may be used for activities other than the business of the Fund.
The Fund Custodian is in the name of the Fund Custodian at the Shanghai Branch of China Securities Depository and Clearing Corporation Limited
The Company/Shenzhen Branch shall open a fund securities trading capital account for securities clearing.
（6） Opening and management of bond custody proprietary account
1. After the Fund Contract comes into force, the Fund Manager shall be responsible for applying to the CSRC and the People's Bank of China
Gold enters the national interbank borrowing market for trading. National inter-bank placements by fund managers
The borrowing center shall open an inter-bank borrowing market trading account, and the fund custodian shall have limited liability for the registration and clearing of central government bonds
The company shall open a bond custody account, and the fund custodian shall be responsible for the backstage matching and
Liquidation of funds.
2. The interbank borrowing market trading account and bond custody account are subject to
The Fund Manager and
The Fund Custodian shall sign a supplementary agreement for use and management. The Fund Manager and the Fund Custodian shall work together
Responsible for signing the National Inter bank Treasury Market Repurchase Master Agreement for the Fund, the original of which shall be kept by the Fund Custodian,
The Fund Manager shall keep a copy.
（7） Custody of physical securities related to fund property investment
The physical securities shall be deposited by the fund custodian in the depository of the custodian bank; It can also be deposited into the central government bonds for registration
Clearing Co., Ltd. or China Securities Depository and Clearing Co., Ltd. Shanghai Branch/Shenzhen Branch or
The consignment vault of the bill business center. The custodian certificate shall be held by the fund custodian. Purchase and transfer of physical securities
Transfer shall be handled by the Fund Custodian according to the instructions of the Fund Manager. The actual situation of the custodian to institutions other than the custodian
Securities under effective control shall not bear custody responsibility.
（8） Custody of major contracts related to fund assets
The originals of major contracts related to the Fund signed by the Fund Manager on behalf of the Fund are respectively
Custody by the custodian and fund manager. Unless otherwise specified in this Agreement, the Fund Manager shall sign a contract with
For major contracts related to the Fund, it shall be ensured that one party of the Fund holds more than two originals so that the Fund Manager can
And the Fund Custodian shall each hold at least one original.
5、 Delivery, confirmation and execution of transfer instructions
（1） Authorization of the Fund Manager to the personnel who send the transfer instructions
The Fund Manager shall provide the Fund Custodian with the reserved seal and the specimen signature of the authorized person, and notify in writing in advance
Notice (hereinafter referred to as "Authorization Notice"): the list of persons who the Fund Custodian has the right to send transfer instructions, indicating the corresponding
And stipulate that when the Fund Manager sends instructions to the Fund Custodian, the Fund Custodian shall confirm the right to
The method of sending the person's identity. After receiving the authorization notice, the Fund Custodian will sign, seal and reserve samples
After verification, the reply shall be faxed to the fund manager and telephoned to the fund manager on the day when the authorization notice is received
People confirm.
The Fund Manager and the Fund Custodian are obliged to keep confidential the authorization documents, and their contents shall not be disclosed to the authorizer
And any person other than the relevant operator.
（2） Contents of transfer instructions
The transfer order refers to the fund transfer sent by the fund manager to the fund custodian when using the fund assets
And other payment instructions.
（3） Delivery, confirmation and execution of transfer instructions
The authorized sender (hereinafter referred to as the "authorized person") determined by the "authorization notice" represents the fund
The Manager shall send the encrypted fax to the Fund Custodian. The Fund Custodian shall comply with the provisions of the "Authorization Notice"
The transfer order can be executed only after the specified method confirms that the order is valid. For the instructions issued by the authorized person
The Fund Manager shall not deny its effectiveness. If the fund custodian finds out that the transfer order violates the regulations, the fund custodian shall
The trustee shall still notify the fund manager to make corrections in a timely manner. In case of major violations, the custodian shall have the right to report to the CSRC
Report of the Supervisory Commission.
The Fund Manager shall, in accordance with the Fund Law, the Fund Contract and relevant laws and regulations
The sender shall send the transfer instruction within the legal operation authority and transaction authority according to its authorized authority
Sub Clause Instructions. The Fund Custodian shall implement the review within the specified time limit without delay. The Fund Custodian
When performing supervision functions, if the fund manager's transfer instructions are found to be in violation of laws and regulations, they shall not be executed and shall be reported
Inform the CSRC. The fund manager shall fax the notice of treasury bond transaction in the inter-bank market to the depository after affixing the seal
Manage people.
The Fund Custodian shall be liable for compensation for any damage to the interests of the Fund caused by its intention or negligence.
（4） Replacement of authorized person
The fund manager must replace the authorized personnel or change the authority of the authorized personnel at least one in advance
On the trading day, send the authorized person change signed and sealed by the authorizer to the fund custodian by encrypted fax
Notice, and notify the Fund Custodian by telephone at the same time. The Fund Custodian will send a written reply on the day when it receives the change notice
The real fund manager shall confirm with the fund manager by telephone. The change notice of the authorized person shall be received from the fund manager
It will come into effect when the Fund Custodian sends a reply confirmation in the form of encrypted fax. The Fund Manager
The original of the notice of change of the authorized person shall be delivered to the Fund Custodian within three days.
6、 Transaction arrangement
（1） Standards and procedures for selecting securities operating institutions to act as agents for securities 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 selection criteria are:
1. Strong qualifications and good reputation.
2. The company is in good financial condition, has standard business conduct, and has not been subject to major violations in the past year
Penalties imposed by relevant administrative organs.
3. The internal management is standardized and strict, with a sound internal control system, and can meet the requirements of highly guaranteed fund operation
Confidentiality requirements.
4. Have efficient and safe communication conditions required for fund operation, and the trading facilities meet the requirements of acting as the agent of the Fund
It is required for securities trading and can provide the Fund with comprehensive information services.
5. Strong research strength, fixed research institutions and specialized researchers, able to timely, regularly and comprehensively
To provide the Fund with research reports and weekly reports on macro economy, industry situation, market trend and individual stock analysis
It can provide information services and special research reports according to the specific requirements of fund investment.
The securities operating institution renting trading seats shall be determined by the fund manager after investigation according to the above standards.
The fund manager shall sign a seat use agreement with the selected securities operating institution and submit it to the CSRC for record
The case shall be announced.
（2） Capital clearing and delivery of securities trading
1. Fund allocation
The Fund Custodian shall execute the fund transfer instruction of the Fund Manager within the specified time limit after the review is correct
OK, no delay. If the fund manager's fund transfer instruction is illegal, the fund custodian will not
And immediately notify the fund manager in writing to request it to change or revoke the relevant instructions, if the fund management
The Fund Custodian shall refuse to change or revoke the relevant instructions of the Fund Custodian after the Fund Custodian sends the above notice
And report to the CSRC.
2. Settlement method Payment and settlement can use bills of exchange, cheques, promissory notes, electronic payment platforms, etc.
3. Clearing of securities trading funds
After the execution of the transfer order of the Fund Manager, all the securities invested by the Fund in the market
The clearing and settlement of external transactions shall be handled by the Fund Custodian.
The clearing and settlement of the Fund's securities investment shall be handled by the Fund Custodian through China Securities Depository and Clearing Co., Ltd
Serve as Shanghai Branch/Shenzhen Branch and clearing agent bank of the Company. If the Fund Custodian is at fault
The Fund Custodian shall be responsible for compensating for the loss of the Fund property caused by liquidation; If because
The Fund Manager makes securities investment in violation of the provisions of laws and regulations, resulting in difficulties and risks in fund investment liquidation
The Custodian shall notify the Fund Manager immediately upon discovery, and the Fund Manager shall be responsible for solving the problem
The fund manager shall bear the losses caused by the fund.
（3） Reconciliation of funds and securities accounts
The fund accounts of the Fund shall be reconciled by the relevant parties once a day to ensure that the accounts of the relevant parties are consistent.
The fund securities accounts shall be reconciled by the relevant parties at the end of the last trading day of each week. For physical vouchers
At the end of each month, relevant parties shall check the accounts.
（4） Liquidation, transfer and registration methods for fund unit holders to buy and sell fund units
The investors of the fund can conduct the transaction through the direct sales center of the fund manager and the sales agent's sales outlets
The application for subscription and redemption shall be handled by the Fund Manager for the transfer and registration of fund units, and the Fund Custodian shall be responsible for it
Receive and confirm the receipt of funds, and transfer redemption funds according to the investment instructions of the fund manager.
The Fund Manager shall, before 14:00 on each business day, submit the sum of the fund subscription amount of the previous business day and
The Fund Custodian shall be notified of the redemption of units.
7、 Calculation and accounting of fund net asset value
（1） Calculation and review of fund net asset value
The net asset value of the fund refers to the value of the total asset value of the fund minus the liabilities.
Net value of fund units refers to the net value of various fund assets on the calculation date divided by the total number of such fund units on the calculation date
The value after.
The Fund Manager shall evaluate the assets of the Fund on a daily basis. Net asset value and
The net value of various fund units shall be calculated by the Fund Manager and reviewed by the Fund Custodian. The Fund Manager shall
Calculate the net asset value of the fund on each working day after the end of the transaction and send it to the fund by encrypted fax
Custodian. After reviewing the net value calculation result, the Fund Custodian shall sign, seal and send it by encrypted fax
It shall be sent to the fund manager, who shall publish the net value of the fund.
The Fund is valued as follows:
1. Valuation of listed and circulating securities
(1) The listed and circulating stocks shall be valued at the market price (closing price) listed on the stock exchange on the valuation date
Value; If there is no transaction on the valuation date, the market price (closing price) of the latest trading day shall be used for valuation;
(2) The bonds circulating in the stock exchange market shall be treated as follows:
A、 Bonds subject to net price trading shall be valued at the closing price on the valuation date. If there is no trading on the valuation date, the latest
Valuation of closing price on the trading day.
B、 For bonds not subject to net price trading, the closing price on the valuation date minus the bonds included in the closing price of bonds shall
The net price obtained from interest collection is valued; If there is no transaction on the valuation date, the closing price of bonds on the latest trading day shall be deducted
The net price of bond interest receivable included in the closing price of bonds is estimated.
2. The securities in the unlisted period shall be handled according to the following circumstances:
(1) Share allotment, conversion into additional shares, allotment and issuance of new shares shall be subject to the same listing on the stock exchange on the valuation date
Valuation of market price (closing price) of stocks; If there is no transaction on that day, the market price (closing price) of the latest day shall be used for evaluation
Value;
(2) The initial public offering of shares shall be valued at cost;
(3) The cost of inter-bank bonds and unlisted bonds shall be comprehensively considered by the fund manager and the fund custodian
The price valuation reflecting the fair value determined by factors such as price and yield curve.
3. Allotment warrants, from the ex right date of allotment to the confirmation date of allotment, are higher than the allotment based on the closing price on the valuation date
Valuation of price difference; If the closing price is equal to or lower than the allotment price, the valuation is zero.
4. Depositary receipts that are publicly listed are valued at the closing price of the stock exchange on the valuation date. Valuation date
If there is no transaction, the valuation shall be based on the closing price of the latest trading day.
5. If there is conclusive evidence that the above method of valuation cannot objectively reflect its fair value
The Fund Manager may, after consultation with the Fund Custodian according to the specific circumstances, estimate at the price that best reflects the fair value
Value.
6. In case of large amount purchase or redemption of the Fund, the Fund Manager may
After that, we adopted a swing pricing mechanism to ensure the fairness of fund valuation.
7. In case of any new items, the valuation shall be conducted according to the latest national regulations.
The Fund Manager shall be responsible for the calculation of the net asset value of the Fund and the accounting of the Fund. Therefore, it is connected with
For accounting issues related to the Fund, the accounting responsible party of the Fund is the Fund Manager
After full discussion on an equal basis, no consensus can be reached
The calculation results of.
（2） Net value error handling
Losses caused to investors due to fund valuation errors shall be borne by the fund manager first
They have the right to claim compensation from the wrongdoer for the responsibility that should not be borne by them.
When the net value of the Fund units calculated by the Fund Manager has been reviewed and confirmed by the Fund Custodian and announced
The investor or fund shall be compensated according to the provisions of laws and regulations for the losses caused by this
Compensation refers to the amount of compensation actually paid to investors or funds in proportion to the management fee and custody fee,
The Fund Manager and the Fund Custodian shall bear their respective responsibilities.
Due to the wrong information provided by one party, the other party has taken necessary and reasonable measures
This error cannot be found later, which leads to the calculation error of the net value of fund units, causing losses to investors or funds
Loss, as well as the subsequent error in the calculation of the net value of fund units on subsequent trading days
The party who provided the wrong information shall be responsible for compensation for the loss of money.
Data error sent by the stock exchange and its registration and clearing company, or other force majeure
Although the Fund Manager and the Fund Custodian have taken necessary, appropriate and reasonable measures for inspection
The Fund Manager and the Fund Manager
The fund custodian may be exempted from liability for compensation. However, the Fund Manager and the Fund Custodian shall actively take necessary measures
Measures shall be taken to eliminate the resulting impact.
For the handling of net worth errors, if there are new provisions in laws and regulations or the CSRC, the new provisions shall prevail
that 's ok; If the industry has common practices, on the premise of not violating laws and regulations and not damaging the interests of investors,
The parties concerned shall renegotiate on the principle of equality and mutual benefit.
When the net value of fund units calculated by the Fund Manager is inconsistent with the calculation result of the Fund Custodian
All parties concerned should recalculate and check in a diligent and responsible manner. If they still cannot reach an agreement in the end, they should
The calculation results of the fund manager shall be published to the public, and the losses caused thereby and the shares of the fund on the trading day
The Fund Manager shall be liable for the losses caused by the error of deferring the amount and net value calculation, and the Fund Custodian shall not
Be liable for compensation.
（3） Establishment and reconciliation of fund account books
After the Fund Agreement comes into force, the Fund Manager and the Fund Custodian shall comply with the same requirements as agreed by the relevant parties
The bookkeeping method and accounting treatment principle shall independently set up, record and keep the full set of account books of the Fund,
Regularly check the respective account books of relevant parties and supervise each other to ensure the safety of fund assets. if
If the two parties disagree on the accounting treatment method, the treatment method of the fund manager shall prevail.
If the accounts of relevant parties are found to be inconsistent after reconciliation, the Fund Manager and the Fund Custodian must
Find out the cause and correct it, so as to ensure that the records of the account books recorded in parallel by the relevant parties are completely consistent. If checked on the same day
If the calculation and announcement of the net asset value of the Fund are affected by the temporary inability to find the cause of the wrong account
The account book of the Fund Manager shall prevail.
（4） Preparation and review of fund financial statements and reports
The financial statements of the Fund shall be independently prepared by the Fund Manager and the Fund Custodian on a monthly basis. Of the monthly report
The preparation shall be completed within 5 days after the end of each month.
After the Fund Contract comes into force, if the information in the Prospectus of the Fund changes significantly, the Fund shall
The Manager shall update the Prospectus of the Fund and publish it on the designated website within three working days; Fund recruitment
If other information in the prospectus changes, the fund manager shall update it at least once a year. Fund termination
The Fund Manager will no longer update the Prospectus of the Fund.
The Fund Manager shall complete the preparation and announcement of the quarterly report within 15 working days from the end of each quarter;
The interim report shall be prepared and announced within two months after the end of half a year of the fiscal year; After the end of the fiscal year
The annual report shall be prepared and announced within three months.
On the day when the monthly statement is completed, the Fund Manager shall affix its official seal to the statement and send it by encrypted fax
Relevant statements shall be submitted to the Fund Custodian for review; The Fund Custodian shall immediately review within 5 days and will review
The results shall be notified to the Fund Manager in writing in a timely manner. The Fund Manager shall, on the day when the quarterly report is completed
Provide the Fund Custodian for review, and the Fund Custodian shall review within 5 days after receipt and submit the review result
Inform the Fund Manager in person. The Fund Manager shall provide the relevant report to the Fund Custodian on the day when the interim report is completed
The custodian shall review, and the fund custodian shall review within 30 days after receipt, and notify the fund of the review results in writing
administrator. The Fund Manager shall provide the relevant report to the Fund Custodian for review on the day when the annual report is completed,
The Fund Custodian shall review the results within 30 days after receipt and notify the Fund Manager of the review results in writing. Gikinto
When the custodian finds discrepancies in the statements of relevant parties during the review process, the fund manager and the fund custodian
People shall jointly find out the reasons and make adjustments, which shall be subject to the accounting treatment method recognized by the relevant parties. nucleus
If there is no error, the Fund Custodian shall affix its official seal on the report provided by the Fund Manager, and each party concerned shall keep
Keep one copy.
The Fund Custodian shall affix its seal after reviewing the financial accounting report, interim report or annual report
Confirm or issue the corresponding review confirmation letter for the prompt of the competent authority when reviewing the relevant documents.
8、 Fund income distribution
（1） Basis for distribution of fund income
Fund income distribution refers to the distribution of the net income of the Fund to
The Fund Unitholders shall make distribution. The net income of the fund is the income of the fund deducted from the
The balance obtained after withdrawing relevant expenses and other items from the fund income. If the fund lost money in the previous year
The income shall be used to cover the losses of the current year first, and the surplus can only be carried out in the current year after the fund losses are fully covered
Income distribution.
The income distribution should comply with the income distribution in the Tianhong Select Hybrid Securities Investment Fund Fund Contract
The principles are as follows:
1. The distribution proportion of fund income shall be formulated in accordance with relevant regulations;
2. The number of annual income distribution of the Fund is up to 4 times, and the annual income distribution proportion is not less than the fund year
60% of the realized income; If the fund contract takes effect less than 3 months in the current year, the income may not be distributed.
3. There are two ways of income distribution of the Fund: cash dividends and dividend reinvestment. Investors can choose cash
Cash dividends or cash dividends shall be automatically converted into corresponding types of fund units according to the net value of fund units on the ex dividend date
Bank reinvestment; If the investor does not choose, the default income distribution method of the Fund is cash dividends;
4. If the fund investment has a net loss in the current period, no income distribution will be made;
5. The current year's income of the Fund shall be distributed only after the loss of the previous year is made up;
6. The income of the Fund shall be distributed at least once a year on the premise that the conditions for dividend distribution of the Fund are met, but
If it has been established for less than 3 months, no income distribution will be carried out;
7. After the distribution of fund income, the net value of various fund units cannot be lower than the par value;
8. As Class A fund units of the Fund do not charge sales service fees, while Class C fund units charge sales
Service fees, the distributable profits corresponding to each fund share category will be different, and this fund is in the same category
Each fund unit has the same right of distribution;
9. The bank transfer or other handling fees incurred in the distribution of dividends shall be borne by the investors themselves. Dang Tou
When the cash dividend of the investor is less than a certain amount, which is insufficient to pay the bank transfer or other handling fees, the fund
The registration authority can automatically convert the cash dividends of investors into corresponding categories according to the net value of fund shares on the ex dividend date
Other fund shares. The calculation method of dividend reinvestment is in accordance with the open-end basis of Tianhong Fund Management Co., Ltd
Implementation of relevant business regulations.
10. Without affecting the actual interests of the Fund Unitholders, the Fund Manager shall comply with the law
Under the premise of laws and regulations, the distribution method of fund income can be adjusted at discretion. This adjustment does not require fund share holders
The General Assembly adopted a resolution.
11. If laws and regulations or regulatory authorities provide otherwise, their provisions shall prevail
（2） Time and procedure of fund income distribution
1. The time of fund income distribution and the number of annual dividends shall be determined by the fund manager in accordance with the Fund Contract
Determine and announce.
2. The Fund Manager issues payment instructions for income distribution to the Fund Custodian, and the Fund Custodian follows the instructions
Transfer all funds for income distribution to the designated account of the Fund Manager.
9、 Registration and Custody of the Register of Fund Unitholders
The list of fund unit holders, including the list of fund unit holders at the end of the fund raising period
The register of fund unit holders on the registration date of fund equity, and the number of funds on the registration date of the general meeting of fund unit holders
The register of amount holders and the register of fund unit holders on the last trading day of each month shall be registered by the Fund
The organization is responsible for the formulation. The fund registration authority shall be responsible for keeping the register of fund unit holders.
10、 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 relevant provisions on information disclosure, the Fund Manager and the Fund Custodian's relevant letters to the Fund
Information shall be kept confidential. Any information of the Fund Manager and the Fund Custodian on the Fund, except for legal information
In addition to the regulations, it shall not be disclosed to any third party before its public disclosure.
（2） Responsibilities and information disclosure procedures of the Fund Manager and the Fund Custodian in information disclosure
According to the requirements of the Information Disclosure Measures, the information disclosure documents of the Fund include the Fund Recruitment Statement
Statement, Fund Contract, Fund Custody Agreement, Fund Unit Offering Announcement, and Fund Contract Effectiveness
Announcement, regular report, interim report, net fund value information, subscription and redemption price of fund units and others
The necessary announcement documents shall be drafted and published by the fund manager.
The Fund Custodian shall comply with relevant laws, administrative regulations, the provisions of the CSRC and the Fund Contract
The net value of fund units and the cumulative net value of fund units of various fund units prepared by the fund manager
Value, purchase and redemption price of fund units, fund performance data, regular fund reports and regular updates
Review and review the prospectus and other publicly disclosed fund information, and issue to the fund manager
Written document or seal confirmation.
The annual report of the Fund shall be audited by an accounting firm qualified to engage in securities and futures related businesses
Disclosable.
The announcement of the Fund's information disclosure must be released on the designated media as agreed in the Fund Contract.
Information disclosure of the Fund is subject to the provisions of laws and regulations and the Fund Contract "Part XVII Fund Letter
Information disclosure "shall prevail.
11、 Preservation of Fund related documents and archives
The Fund Manager and the Fund Custodian shall keep their own original vouchers
Bookkeeping vouchers, fund books, transaction records, financial statements and important contracts shall be kept for 15 years.
After the change of the Fund Manager or the Fund Custodian, the party that has not changed is obliged to assist the successor to accept the Fund
Gold related documents.
12、 Fund Custodian Report
The Fund Custodian shall issue a report on fund custody in accordance with the Fund Law and the relevant provisions of the CSRC
Report to the CSRC and the China Banking Regulatory Authority, with a copy to the fund manager. Fund Custody
The Fund Custodian's and the Fund Manager's performance of the Fund Contract in the current year is described in the Fund's report
Part of the annual report.
13、 Replacement of Fund Custodian and Fund Manager
（1） Replacement of Fund Custodian
1. Conditions for replacement of the Fund Custodian
Under any of the following circumstances, with the approval of the CSRC and the China Banking Regulatory Authority
Replacement of Fund Custodian:
(1) The Fund Custodian is disqualified 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 specified in laws and regulations and the Fund Contract.
2. Procedures for changing the Fund Custodian
(1) Nomination: The new Fund Custodian is composed of more than 50% (including 50%) fund managers or representatives
Nomination of fund unit holders of gold units;
(2) Resolution: The General Meeting of Fund Unitholders shall, within six months after the termination of the duties of the Fund Custodian
A resolution is made by a fund custodian of;
(3) Temporary Fund Custodian: Before the new Fund Custodian is appointed, the CSRC shall appoint a temporary fund custodian
Fund custodian;
(4) Approval: The new Fund Custodian shall be approved by the CSRC and the banking regulatory authority before taking up the post,
The former Fund Custodian may resign only after being approved by the CSRC and the banking regulatory authority;
(5) Announcement: After the replacement of the Fund Custodian, the Fund Manager shall report to the CSRC and the banking regulatory authority
Announce on the designated media within 2 days after the approval of the organization. The new Fund Custodian conducts assets with the original Fund Custodian
The custody handover procedures, and check the total value of assets with the fund manager. If the Fund Custodian and Fund Management
At the same time, the new fund manager and the new fund custodian shall be supervised by the CSRC and the bank
Joint announcement shall be made on the designated media within 2 days after the approval of the regulatory authority;
(6) Audit: If the duties of the Fund Custodian are terminated, an accounting firm shall be employed in accordance with laws and regulations
The financial office shall audit the fund property, make an announcement, and report to the CSRC for record. If laws and regulations
If there is no corresponding regulation on the subject of the right to employ an accounting firm by the fund manager
An accounting firm shall audit the fund property and report it to the securities regulatory authority under the State Council for the record.
（2） Replacement of Fund Manager
1. Conditions for replacement of the Fund Manager
Under any of the following circumstances, the Fund Manager may be replaced with the approval of the CSRC:
(1) The qualification of fund manager 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 specified in laws and regulations and the Fund Contract.
2. Procedures for changing the fund manager
(1) Nomination: The new fund manager is composed of more than 50% (including 50%) of the fund custodian or representatives
Nomination of fund unit holders of gold units;
(2) Resolution: The General Meeting of Fund Unitholders shall, within six months after the termination of the duties of the Fund Manager
A resolution is made by a fund manager of;
(3) Temporary Fund Manager: The CSRC shall designate a temporary fund manager before the new fund manager is appointed
Fund manager;
(4) Approval: The new fund manager must be approved by the CSRC before taking up the post. The original fund manager
Only after being approved by the CSRC can he resign;
(5) Announcement: After the replacement of the Fund Manager, the Fund Custodian shall, within 2 days after the approval of the CSRC
Announce on the designated media. The new Fund Manager and the original Fund Manager shall carry out the handover procedures of asset management,
And check the total value of assets with the fund custodian. If the Fund Custodian and the Fund Manager are replaced at the same time
The appointed fund manager and the newly appointed fund custodian shall, within 2 days after the approval of the CSRC, report to the designated media
Notice; The fund manager shall properly keep the fund management business information and timely report to the temporary fund manager or the new
Serve as the fund manager to handle the transfer procedures of fund management business, temporary fund manager or new fund management
People shall receive in time;
(6) Audit: if the duties of the fund manager are terminated, the fund manager shall employ an accounting firm in accordance with laws and regulations
The financial office shall audit the fund assets, announce the audit results and report them to the CSRC for filing; if
If laws, regulations and regulatory authorities have no corresponding provisions on the subject of the right to engage accounting firms, the fund will manage
The manager shall employ an accounting firm to audit the fund assets and report to the securities regulatory authority of the State Council in advance
Organization filing;
(7) Change of fund name: after the change of fund manager, if Tianhong Fund Management Co., Ltd. requires,
The words "Tianhong" in the fund name shall be replaced or deleted as required.
14、 Fund expenses
1. Management fee of fund manager
The fund management fee is accrued at the annual fee rate of 1.2% of the net asset value of the fund on the previous day. The calculation method is as follows: H
=E × 1.2% ÷ the number of days in the current year, where:
H is the daily accrued fund management fee
E is the net asset value of the fund on the previous day
The fund management fee is accrued daily, accumulated day by day to the end of each month, and paid monthly. By the Fund Manager
Send the fund management fee transfer instruction to the fund custodian, and the fund custodian will perform the first two tasks of the next month after review
It shall be paid to the fund manager in a lump sum from the fund property within days. In case of legal holidays, rest days, etc
The date of payment shall be postponed.
2. Custody fees of the Fund Custodian
The fund custody fee is accrued at the annual fee rate of 0.2% of the net asset value of the fund on the previous day. The calculation method is as follows:
H=E × 0.2% ÷ Days of the year
H is the fund custody fee that should be accrued every day
E is the net asset value of the fund on the previous day
The fund custody fee is accrued daily, accumulated day by day to the end of each month, and paid monthly. By the Fund Manager
Send the fund custody fee transfer instruction to the fund custodian, and the fund custodian will review it before the first two work days of the next month
It shall be paid to the Fund Custodian in a lump sum from the Fund assets within days. In case of legal holidays, rest days, etc
The date of payment shall be postponed.
3. Sales service fee
Class A fund units of the Fund do not charge sales service fees, while Class C fund units charge sales service fees.
The sales service fee of the Fund is calculated at the annual fee rate of 0.40% of the net asset value of Class C fund units on the previous day
The calculation method of sales service fee is as follows:
H ＝ E × 0.40% ÷ days of the year
H is the daily accrued sales service fee for Class C fund units
E is the net asset value of the fund on the previous day for Class C fund units
The fund sales service fee is accrued daily, accumulated day by day to the end of each month, paid monthly, and managed by the fund
The person sends the fund sales service fee transfer instruction to the fund custodian, which shall be reviewed by the fund custodian before 2 days of the next month
One time payment from the fund property within working days. In case of legal holidays, public holidays, etc., the payment date shall follow
Extension.
4. After consultation between the Fund Manager and the Fund Custodian, the Fund Manager and the Fund Custodian may lower the base at their discretion in accordance with the provisions of the Fund Contract
Management fee, custody fee or sales service fee.
15、 Prohibited acts
1. Any act prohibited by Article 20 of the Fund Law.
2. Unless otherwise specified in the Fund Law, the Fund Contract and the CSRC, the Fund Manager, the Fund
The custodian shall not use the fund assets to seek benefits for itself or any third party.
3. The Fund Manager and the Fund Custodian have not complied with the provisions of the Fund Regulations
The information publicly disclosed by means of shall not be disclosed to others.
4. The Fund Custodian shall not delay or refuse to execute the normal instructions of the Fund Manager.
5. Unless otherwise specified in the Fund Manager's instruction or the Fund Contract, the Fund Custodian shall not move
Use or dispose of fund assets.
6. The Fund Custodian and the Fund Manager shall be administratively and financially independent from each other, and their senior managers shall
Members are not allowed to take part-time jobs with each other.
7. Investment prohibited in the investment restrictions of the Fund Contract.
8. Other behaviors prohibited by laws, regulations, the Fund Contract and this Agreement.
16、 Liability for breach of contract
1. The Fund Manager and the Fund Custodian violate the Fund Law in the process of performing their respective duties
If it is stipulated or agreed in the fund contract that damage is caused to the fund property or the fund unit holders, it shall be
Be liable for compensation for their respective acts according to law; Fund property or fund unit holders due to joint act
If any damage is caused, it shall bear joint and several liability for compensation. However, the parties may be exempted from liability under the following circumstances:
(1) The Fund Manager and the Fund Custodian shall, in accordance with the provisions of the CSRC or the then effective laws
Losses caused by acts or omissions of laws and regulations;
(2) Without intention or negligence, the Fund Manager, due to
Losses caused by investment or non investment based on the investment principle of;
(3) Force majeure.
2. If one party breaches the contract, the other party is obliged to take necessary measures in a timely manner within the scope of its duties
To prevent the expansion of losses.
3. If the breach of contract has occurred, but this custody agreement can continue to be performed
The Fund Manager and the Fund Custodian shall continue to perform this Agreement on the premise of the interests of the Fund Unitholders.
17、 Dispute resolution and applicable law
The parties concerned agree that all disputes arising from or in connection with this Agreement, except
If the dispute can be settled through friendly negotiation, it shall be submitted to the China International Economic and Trade Arbitration Commission according to its current
The arbitration shall be conducted according to the effective arbitration rules, and the place of arbitration shall be Beijing. The arbitration award shall be final and binding upon all parties concerned
The arbitration fee shall be borne by the losing party.
During the dispute settlement period, the parties concerned shall strictly abide by the responsibilities of the Fund Manager and the Fund Custodian
Continue to faithfully, diligently and responsibly perform the obligations specified in the Fund Contract and the Custody Agreement, and maintain the fund shares
The legal rights and interests of the holder.
This Agreement shall be governed by the laws of China.
18、 Effect of Custody Agreement
1. This agreement has been sealed by the parties concerned and signed by the legal representatives or authorized representatives of the parties concerned,
After being approved by the CSRC, the Fund Contract shall come into force on the effective date. This agreement is valid from
The period from the effective date to the occurrence of Paragraph 2 of Article 19 below.
2. This agreement is in sextuplicate, with each party holding two copies and reporting to the CSRC and relevant banks
One copy for each regulatory authority, each with the same legal effect.
19、 Modification and Termination of Escrow Agreement
1. The relevant parties to this agreement may modify the agreement upon consensus. New after modification
The contents of the agreement shall not conflict with the provisions of the Fund Contract. The revised new agreement will be sent to China
The CSRC shall take effect after completing the necessary approval or filing procedures.
2. This Escrow Agreement shall be terminated in the following circumstances:
(1) The Fund Contract is terminated;
(2) The Fund changes its base due to the dissolution, legal revocation, bankruptcy or other reasons of the Fund Custodian
Gold custodian;
(3) The Fund is replaced due to the dissolution, legal revocation, bankruptcy or other reasons of the Fund Manager
Financial administrator;
(4) The Fund Law or other laws and regulations provide for termination.
20、 Other matters
Unless otherwise clearly defined in this Agreement, the definitions of terms in this Agreement refer to the Fund Contract. This Agreement
Matters not covered herein shall be handled through consultation by the parties in accordance with the Fund Contract and relevant laws and regulations.