北京商报讯（记者 李海媛）10月14日，广西证监局发文称，经查，广西瀚源私募基金管理有限公司（以下简称"瀚源私募"）在开展私募基金业务过程中存 在实际控制人未经法定程序擅自干预管理人的业务活动的问题。公司实际控制人陈立宁，在未经股东会及董事会决议等法定程序的情况下，操作公司1只在 管私募证券投资基金证券账户下单交易股票。 同时，瀚源私募存在内部控制制度机制不健全的问题。一是对于存在基金经理使用其个人手机操作基金证券账户下单交易的情形，未对可能存在的风险制定 有效的防范体系、管控措施。二是未建立健全相关用印管理制度，重要印章的使用缺乏规范的登记记录，用印时间、事由、经手人等关键信息未能及时留 存，难以追溯核实。三是未定期开展全面的外包业务风险评估。四是未完整保存1只在管私募证券投资基金投资决策记录。 广西证监局还指出，瀚源私募办公地不具备独立性，且在基金业协会登记的办公地址与实际办公地址不符未及时履行变更手续。由于上述情形不符合相关规 定，根据有关规定，广西证监局决定对瀚源私募、陈立宁采取出具警示函的监督管理措施。 | 索 引 号 | bm56000001/2025-00011875 | ਜੇ 类 | 行政执法 ...

Core Viewpoint - The recent exposure of details regarding the "30 billion quantitative private equity fund run" incident reveals the manipulation of the securities market by the involved parties, leading to significant legal consequences for the perpetrators [1][3][5]. Group 1: Incident Overview - The involved parties, including the actual controllers Mao and Yao of Panjing Investment, utilized FOF funds and private equity funds to manipulate the stock market, specifically targeting a stock code-named "Penguin" [1][3]. - From November 2017 to July 2019, the perpetrators controlled 55 accounts to trade the "Penguin" stock, eventually becoming one of its major shareholders by September 2020 [3][4]. Group 2: Legal Proceedings - The Shanghai First Intermediate Court sentenced Mao, Yao, and another accomplice to prison terms ranging from three years and six months to seven years for manipulating the securities market, along with fines between 1.5 million to 2.5 million yuan [5][6]. - Despite their refusal to confess, the Supreme People's Procuratorate utilized advanced AI tools to analyze the structure and operations of the involved funds, leading to a thorough investigation and eventual convictions [5][6]. Group 3: Industry Implications - The case has highlighted a black and gray industrial chain involving illegal financing practices through FOF and private equity funds, indicating a need for stricter regulatory oversight in the private equity sector [6][7]. - Regulatory bodies have intensified their scrutiny of private equity fund operations, aiming to eliminate illegal practices and promote healthy development within the industry [7][8].

Core Insights - The recent exposure of the "30 billion quantitative private equity run" incident reveals the manipulation of the securities market by the actual controllers of Panjing Investment, leading to significant legal consequences for the involved parties [1][3][5]. Group 1: Company Actions - The actual controllers of Panjing Investment, Mao and Yao, utilized FOF and private equity funds to manipulate the stock price of a company referred to as "Penguin" through a network of 55 accounts [3][4]. - Mao and Yao formed trading teams across multiple cities to maintain the stock price of "Penguin" after it faced consecutive trading halts, indicating a coordinated effort to manipulate the market [3][4]. - The investigation revealed that Mao and Yao had previously been penalized 15 million yuan for illegal stock purchases, highlighting a history of regulatory violations [4]. Group 2: Legal Proceedings - The Shanghai First Intermediate Court sentenced Mao, Yao, and another individual to prison terms ranging from three years and six months to seven years for market manipulation, along with fines between 1.5 million and 2.5 million yuan [5]. - Despite their refusal to admit guilt during the investigation, the Supreme People's Procuratorate utilized advanced AI tools to uncover the manipulation scheme, demonstrating the effectiveness of modern investigative techniques [4][6]. Group 3: Industry Implications - The case has exposed a black and gray industrial chain involving illegal financing practices through FOF and private equity funds, prompting increased scrutiny from regulatory bodies [6][7]. - Regulatory agencies have intensified their oversight of private equity funds, implementing new rules to prevent illegal activities and ensure compliance with investment regulations [7]. - The private equity industry is urged to move towards legitimate practices, as only compliant firms will thrive in the long term, while fraudulent entities will face elimination [7].

Core Viewpoint - The private equity fund industry has experienced rapid growth, contributing significantly to direct financing, innovation capital formation, and supporting technological innovation and industrial restructuring. However, this growth has been accompanied by various irregularities that threaten the industry's reputation and investor rights [1][2]. Group 1: Industry Growth and Current Status - As of December 30, 2021, there were 24,577 registered private equity fund managers with a management scale of 19.78 trillion yuan, representing a year-on-year growth of 23.81% [1]. - The private equity market has faced issues such as fund managers going "missing," investor complaints against large funds, and incidents involving fund controllers, which have negatively impacted the industry's reputation and investor rights [1]. Group 2: Regulatory Challenges - The fundamental reason for the frequent irregularities in the private equity fund industry is insufficient regulatory oversight. The rapid growth in the number and scale of private equity funds has outpaced the current regulatory framework, which is inadequate to ensure the industry's stable and compliant development [2]. - Unlike other financial sectors that require licensing, private equity funds only need to register with the Asset Management Association of China, making it easier for some funds to engage in illegal financing and profit-seeking activities [2]. Group 3: Recommendations for Improvement - To achieve high-quality development in the private equity industry, effective regulation is essential. Regulatory authorities should enhance the legal framework governing private equity funds, focusing on the establishment of a management interim regulation to strengthen legal accountability for violations [2]. - There is a need for increased administrative oversight, particularly in the high-risk "fundraising" phase, to address major violations such as fraudulent issuance and market manipulation. Stricter penalties should be imposed to effectively regulate the behavior of private equity fund managers [3].

Core Viewpoint - The China Securities Regulatory Commission emphasizes the need for "precise risk prevention" in key areas of the capital market to ensure stable development amid complex internal and external environments [1] Group 1: Risk Prevention and Management - The current capital market in China is undergoing deep adjustments and structural transformations, with key risks characterized by structural issues, high leverage, and cross-cycle overlaps [1] - Major vulnerabilities in the capital market include real estate debt risks, hidden liabilities of financing platforms, and issues related to "pseudo-private equity" and illegal fundraising [1] - The mid-year work meeting calls for coordinated resolution of real estate company bond default risks and support for new models of real estate development [2] Group 2: Private Equity Regulation - The regulatory approach towards private equity has shifted from post-event punishment to preemptive warning, thorough examination, and classified management [4] - There is a need for enhanced monitoring of cross-border capital flows and a dual-line monitoring platform for funds and business flows to combat illegal fundraising and pseudo market value management [3][4] - The current private equity landscape in China consists of approximately 20,000 registered private equity institutions, with ongoing issues of diversity and concealment in illegal activities [3]

Group 1 - The core viewpoint emphasizes the need for stricter regulation of private equity firms in China, highlighting the effectiveness of current measures in controlling illegal activities [1][2] - The article discusses the importance of a dual monitoring platform for capital flow and business flow to combat illegal financing and enhance risk management [1] - It notes that there are approximately 20,000 registered private equity firms across the country, with ongoing issues of diversity and concealment in illegal activities [2] Group 2 - Regulatory actions have shifted from post-event punishment to pre-warning, penetrating review, and classified management, indicating a more proactive approach [2] - The article suggests that increasing the severity of penalties for illegal activities could serve as a stronger deterrent for private equity firms [2] - It highlights the necessity of investor education alongside stringent regulations to address the complexities of private equity products [2]

Core Insights - Recent regulatory scrutiny has revealed misconduct among certain private equity firms in Shenzhen, including selling fraudulent products and engaging in unrelated activities such as fortune-telling and course sales [1][2][4] - The Shenzhen Securities Regulatory Bureau plans to enhance compliance checks and hold violators accountable, urging private equity firms to focus on their core investment activities and improve compliance and risk management mechanisms [1][6] Group 1: Regulatory Findings - Some private equity firms have deviated from their primary responsibilities, engaging in unrelated activities like fortune-telling and selling courses, which has raised concerns [2][3] - A specific equity private equity firm was found to have mixed operations with related companies, conducting activities unrelated to fund management [2] - Misconduct includes selling fraudulent products and providing consulting services that do not align with private equity management [2][4] Group 2: Financial Misconduct - Certain private equity firms have been implicated in profit-sharing arrangements that harm investor interests, such as receiving payments for facilitating transactions involving municipal bonds [4][5] - Instances of "high buy-low sell" transactions have been reported, where private equity firms sold bonds at significantly lower prices to their executives and then repurchased them at inflated prices [4] - Some firms have charged undisclosed high consulting fees to managed funds, further compromising investor transparency [4] Group 3: Illegal Activities - Some private equity managers have exploited their credentials to engage in illegal fundraising activities, promising investors guaranteed returns [5] - There are reports of firms using their management qualifications to facilitate illegal activities, including market manipulation and unauthorized financing [5] - The regulatory body has emphasized the need for private equity firms to adhere to legal and ethical standards, avoiding any involvement in illegal fundraising or financing activities [5][6] Group 4: Industry Trends - As of June 30, 2023, over 600 private equity managers have deregistered, indicating a significant industry cleanup [7] - The deregistration includes both voluntary and association-initiated cancellations, reflecting a broader trend of regulatory tightening in the private equity sector [7]

Core Viewpoint - The Shenzhen Securities Regulatory Bureau has highlighted significant violations among private fund managers, including engaging in unrelated business activities, using managed funds for profit transfer, and participating in illegal activities, prompting increased regulatory scrutiny [1][2][3]. Summary by Relevant Sections Violations Identified - Private fund managers are involved in activities unrelated to fund management, such as selling pseudo-gold exchange products and providing consulting services [2][3]. - Specific cases include a private equity firm promoting a real estate company's debt products and charging over 1.5 million yuan in consulting fees [2]. - Some firms derive most of their income from unrelated activities, such as selling investment courses through social media [2]. Profit Transfer and Illegal Activities - Violations include using managed funds to provide liquidity support for designated bonds and charging large consulting fees not included in fund assets [3]. - Notable illegal activities involve unregistered partnerships soliciting funds and using management qualifications to facilitate illegal fundraising [3][4]. - Instances of market manipulation and illegal margin trading using private fund assets have been reported [4]. Regulatory Requirements - The Shenzhen Securities Regulatory Bureau has set forth four key requirements for private fund managers: focus on core business, enhance compliance and internal controls, prevent illegal activities, and ensure sustainable operational capacity [5]. - Firms must avoid engaging in unrelated business activities and prioritize investor interests while strengthening compliance mechanisms [5]. - Continuous investment in resources is necessary to maintain compliance with regulatory standards, and firms lacking operational capacity should consider voluntary deregistration [5].

Core Viewpoint - The Shanghai Securities Regulatory Bureau has issued a notice to enhance the compliance and operational standards of private fund managers in the region, emphasizing the need for self-assessment and rectification amidst increasing regulatory scrutiny [1][2][3] Regulatory Requirements - Private fund managers in Shanghai are required to organize collective learning sessions on relevant laws and regulations, including the Securities Investment Fund Law and the Private Investment Fund Supervision Regulations [2] - Participation in compliance training is mandated, with the Shanghai Securities Regulatory Bureau providing guidance and resources for private fund managers to improve their operational compliance [2] - A self-assessment and rectification process must be conducted by private fund managers, focusing on their operational status, fund performance, and any unregistered partnerships [2][3] Self-Assessment Focus Areas - The notice outlines specific self-assessment requirements for different types of private funds, including checks on investment management practices, compliance with fund contracts, and the handling of fund assets [4][5] - For equity investment funds, managers must verify the use of professional custodians and assess potential conflicts of interest and fund pooling practices [4] - For quantitative strategy funds, self-assessment must include evaluations of risk management, model testing, and the adequacy of IT systems [5] Market Activity - Despite stricter regulations, the enthusiasm for new private fund products remains high, with a nearly 40% year-on-year increase in the number of private fund product registrations in 2024 [1][6] - In April, 638 private securities managers registered a total of 1,170 private securities products, marking a 12.18% increase from March and the highest monthly registration in nearly two years [6][7] - Equity strategy products accounted for over 64% of the total registrations in April, indicating a renewed investor interest in stock assets [6][7]