Core Viewpoint - Shengyuan Environmental Protection's subsidiary has reported significant losses from a private equity fund investment, leading to legal actions against the fund manager and custodian, with ongoing discussions about the responsibilities of custodians in such scenarios [1][3][4]. Group 1: Incident Overview - Shengyuan Environmental Protection announced a major loss from a private equity fund investment made by its wholly-owned subsidiary, Xiamen Jinlingji Construction Engineering Co., Ltd., amounting to approximately 46.92 million yuan, with a net value decline of 81.54% [3][4]. - The company has filed a report with the Shenzhen Public Security Bureau, which has been officially accepted, and is pursuing legal action against the fund manager, Shenzhen Shenboxin Investment Management Co., Ltd., and custodian, China Merchants Securities [3][4]. Group 2: Legal and Regulatory Context - The legal responsibilities of custodians like China Merchants Securities are under scrutiny, particularly regarding their duty to supervise and verify fund operations and compliance with legal and contractual obligations [6][10]. - Legal experts indicate that custodians are primarily responsible for safeguarding fund assets and ensuring compliance with investment directives, but they do not guarantee investment returns or directly participate in investment decisions [6][10]. Group 3: Custodian's Response and Market Reactions - China Merchants Securities has publicly stated that it has fulfilled its custodial duties according to regulations and contractual agreements, emphasizing that the fund manager is responsible for accurate net value disclosures [5][6]. - The incident has sparked discussions in the market regarding the boundaries of custodial responsibilities, with past cases showing varied outcomes for custodians in similar situations [8][9].
圣元环保投资私募爆雷再现新进展!招商证券作为托管人责任何在