【导读】君创基金、君创资管被出具警示函 近日，中国证监会深圳证监局披露了两份行政监管措施决定书，深圳君创私募股权基金管理有限公司（以下简称君创基金）、深圳前海君创资产管理有限 公司（以下简称君创资管）、朱峰均被采取出具警示函的行政监管措施。 君创基金、君创资管被出具警示函 7月21日，中国证监会深圳证监局披露的行政监管措施决定书显示，经查，君创基金在从事私募基金业务活动中，存在未按规定为私募基金办理基金备案 手续的情形。 | 索 | bm56000001/2025-00008745 | 崇 स्टे | 行政执法;行政监管措施 | | --- | --- | --- | --- | | 发布机构 | | 发文日期 | 2025年07月21日 | | ਲ 称 | 深圳证监局关于对深圳君创私募股权基金管理有限公司采取出具警示函措施的决定 | | | | 文 号 | 行政监管措施决定书〔2025〕103号 | 主题词 | | 相关行为违反了《私募投资基金监督管理暂行办法》（证监会令第105号，以下简称《私募管理办法》）第八条第一款的规定。依据《私募管理办法》第 三十三条的规定，深圳证监局决定对君创基金采取出具警示函 ...

Group 1 - The China Securities Regulatory Commission (CSRC) Beijing Bureau issued a warning letter to Beijing Yong'an Wealth Investment Fund Management Co., Ltd. for failing to fulfill its duties in managing and utilizing private fund assets [1][3] - The company violated Article 4, Paragraph 1 of the Interim Measures for the Supervision and Administration of Private Investment Funds, which mandates that fund managers must act with diligence, honesty, and prudence [1][3] - The CSRC emphasized the need for the company to enhance compliance awareness and capabilities, improve information disclosure, fund exit strategies, and investor communication to protect investors' legitimate rights and interests [3][4] Group 2 - The company is required to submit a written rectification report to the CSRC within 30 days of receiving the decision [4] - If the company disagrees with the supervisory measures, it can apply for administrative reconsideration within 60 days or file a lawsuit within six months [4] - The supervisory measures will remain in effect during the reconsideration and litigation periods [4]

Group 1 - Shenzhen Securities Regulatory Bureau issued a warning letter to Shenzhen Saiya Capital Management Co., Ltd. for failing to sign fund contracts with investors during private fund activities, violating regulations [1] - Saiya Capital has faced multiple issues, including public promotion of private funds to unspecified audiences and inadequate risk assessment of investors, leading to regulatory actions against the company and its executives [2] - A case was reported where an investor, Ms. Xu, was misled by high-yield promotions and faced significant losses after being pressured to alter her risk assessment to match a higher-risk fund [2]

Core Insights - The private equity industry is undergoing significant consolidation, with 500 private institutions deregistered this year alone, and over 130 institutions facing regulatory scrutiny [1][2][4] Group 1: Deregistration of Private Equity Institutions - A total of 500 private equity institutions have been deregistered as of May 28, 2025, with an average of nearly 100 institutions deregistering each month [1][2] - Among the deregistered institutions, 260 were canceled by the China Securities Investment Fund Association (CSRC) due to operational abnormalities, loss of contact, or disciplinary actions [1][2] - The number of active private equity managers has decreased by nearly 400 since the beginning of the year, with 19,891 active managers remaining as of April 2025 [3] Group 2: Regulatory Actions and Violations - Over 130 private equity institutions have been subjected to administrative penalties or regulatory measures by the securities regulatory system this year [4] - The CSRC has issued more than 50 disciplinary decisions this year, targeting various private equity firms for violations [4] - Specific violations include improper fundraising practices, mismanagement of funds, and unauthorized trading activities [5][6] Group 3: Nature of Violations - Common violations reported include lending "channels" to establish private equity funds, misusing fund assets, and promising returns to investors [5][6] - Regulatory bodies have highlighted issues such as unregistered funds, exceeding the limit of qualified investors, and failure to adhere to investment agreements [5][6] - The Beijing Securities Regulatory Bureau has mandated that private equity managers conduct self-assessments and rectify any identified violations [6]

Core Viewpoint - The Shenzhen Securities Regulatory Bureau has reported six typical issues among private fund managers in the region, highlighting violations of laws and regulations, including the misappropriation of fund assets and non-compliance with investment operation requirements [1][4]. Group 1: Typical Issues Identified - Misappropriation of fund assets, where a private equity firm transferred funds to personal and related accounts without investor consent [4][5]. - Violations of regulatory requirements in investment operations, including excessive leverage in bond funds and multi-layered product nesting that inflated management scale [5]. - Non-compliance with fund contract agreements, including failure to adhere to decision-making mechanisms for related transactions and improper handling of redemption payments [4][5]. Group 2: Regulatory Response and Future Actions - The Shenzhen Securities Regulatory Bureau emphasizes the need for private fund managers to diligently fulfill their investment management obligations and ensure compliance with regulations and fund contracts [5]. - The bureau plans to enhance regulatory inspections of private fund managers' investment operations and hold accountable those who violate laws and regulations [5].

Core Viewpoint - The Shenzhen Securities Regulatory Bureau has reported on the regulatory situation of private equity funds in the region, highlighting issues of non-compliance with laws and regulations by some fund managers, which have harmed investor rights [1] Group 1: Regulatory Findings - The Shenzhen Securities Regulatory Bureau has identified violations by certain private equity fund managers, including breaches of legal regulations and fund contract agreements during investment operations [1] - Notable issues include improper product valuation, subscription and redemption practices, and related party transactions that have significantly harmed investor interests [1] - Some institutions have crossed the line by misappropriating fund assets, indicating a serious lack of diligence in fulfilling investment management obligations [1] Group 2: Regulatory Requirements - The Shenzhen Securities Regulatory Bureau has mandated that all private equity fund managers in the region must exercise due diligence and prudence in their investment management duties [1] - Fund managers are required to ensure that their investment operations comply with regulatory rules and fund contract stipulations, and must not harm the legitimate rights and interests of investors [1]