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私募基金管理人职责分工不清、控制关系较弱等问题都是风险
Sou Hu Cai Jing· 2025-10-03 03:43
Core Viewpoint - The China Securities Investment Fund Industry Association aims to enhance the transparency of private fund registration and filing, responding to industry concerns and promoting healthy development through periodic updates on registration practices [2] Summary by Sections Overall Situation - The association has identified four typical issues in recent private fund registration, including disguised channel business by managers, the need for managers to maintain operational capabilities, investors lacking funding capacity, and managers violating regulations by acting as limited partners or private funds acting as general partners [2] Policy and Regulations - The association emphasizes that private fund managers must not delegate investment management responsibilities to others, which could lead to disguised multi-manager or channel business [3] - Regulations require that management fees and performance compensation be reasonable and clearly linked to the fund's actual performance [3] Case Analysis - In a case involving a private equity fund, the management responsibilities between the private fund manager and the executing partner were unclear, leading to unreasonable fee structures. The association has mandated adjustments to the roles and fee arrangements to align with regulatory requirements [3][4] - Another case highlighted that a private fund manager, despite being the largest shareholder of the executing partner, did not meet the control relationship requirement as their shareholding was only 20%, below the necessary threshold [5][6] Case Tips - Private fund managers are advised to adhere to principles of honesty and diligence, typically serving as executing partners in partnership funds. In special cases where two general partners are set up, fee structures should match the division of responsibilities [4] - The association will focus on the division of responsibilities and fee structures between general partners to ensure accountability and protect investor interests [6]
献策“十五五” | 张成刚:“十五五”要加快完善制度支持和规范发展新就业形态
Sou Hu Cai Jing· 2025-08-11 01:16
Core Insights - The new employment forms based on digital economy and artificial intelligence are becoming a significant part of China's employment landscape, with a focus on promoting flexible employment while ensuring labor rights protection during the "14th Five-Year Plan" period [3][4]. Group 1: Characteristics of Flexible Employment and New Employment Forms - During the "14th Five-Year Plan" period, flexible employment and new employment forms are expected to expand significantly, becoming a major growth point for employment [4]. - The development of the digital economy will create more new business models and opportunities for flexible employment, with "one-person armies" emerging as a new entrepreneurial model [4][5]. - The rise of digital gig platforms is enhancing labor matching efficiency, with new employment forms primarily seen in sectors like ride-hailing, food delivery, e-commerce, and short video creation [4][5]. Group 2: Improvement in Employment Quality - The quality of flexible employment is continuously improving, moving away from being associated solely with low-end jobs [5]. - Digital platforms are enhancing standardization, management, and transparency in flexible employment, leading to increased income levels for some flexible workers, surpassing traditional employment [5][6]. - The proliferation of flexible employment is encouraging continuous learning and skill enhancement among workers, contributing to human capital accumulation and improved employment quality [5][6]. Group 3: Challenges in Labor Rights Protection - There are significant shortcomings in the protection of rights for flexible employment and new employment form workers, primarily due to ambiguous legal relationships and unclear definitions of "incomplete labor relationships" [6][7]. - The high costs associated with social insurance for flexible workers deter participation, and tax issues related to income and labor remuneration remain problematic for platform companies [6][7]. - The mechanisms for handling labor disputes are inadequate, leading to high costs and long durations for workers seeking to protect their rights [6][7]. Group 4: Recommendations for Rights Protection - The "14th Five-Year Plan" period should focus on establishing a comprehensive labor rights protection system tailored to new employment forms, ensuring legal coverage for all workers [7][8]. - There is a need for policies that better align with the characteristics of new employment methods and income patterns, as well as mechanisms for stable income growth [7][8]. - Enhancing skills training support and optimizing platform governance mechanisms are essential to improve the working environment for flexible employment [8][9].