Recently, the Shenzhen Securities Regulatory Bureau took measures to ban the two main persons in charge of Shenzhen Qianhai Huineng Financial Holding Group Co., Ltd. (hereinafter referred to as Qianhai Huineng or the company) in accordance with the law.
This is the first market prohibition measure taken by the Shenzhen Securities Regulatory Bureau in the field of private equity, and it is also a typical case of severely punishing persons responsible for serious violations of private equity institutions.
It is understood that Qianhai Huineng is the manager of other types of private equity funds registered in Shenzhen. The two main persons in charge of the company Xu and Kang are husband and wife, and have successively served as the legal representative, executive director and general manager of the company.
During the period when the two of them were the company’s heads, the company had issued private equity funds that failed to go through the filing procedures with the Securities Investment Fund Association of China, raised funds from non-qualified investors, promised investors that the principal would not be lost or promised minimum returns, or misappropriated funds Property and other violations are also suspected of illegal and criminal activities. The amount of money involved is particularly huge, involving a large number of investors, which has seriously disrupted the order of the securities market and caused a bad social impact.
Previously, the Shenzhen Securities Regulatory Bureau had imposed warnings, fines and other administrative penalties on Xu and Kang in accordance with the law, and had transferred clues about the company's suspected crimes to the Shenzhen Public Security Department.
Based on the circumstances and circumstances of Xu and Kang’s violations of laws and regulations, and after performing legal procedures such as prior notification and hearings, the Shenzhen Securities Regulatory Bureau recently imposed lifelong securities market bans on the two.
According to the case report of the public security organs, the Futian Branch of the Shenzhen Public Security Bureau has filed and investigated Qianhai Huineng’s suspected illegal absorption of public deposits on April 26, 2019, and successively imposed criminal coercion on more than ten people including Xu and Kang in accordance with the law. Measures to seal up and freeze relevant assets involved in the case.
The Shenzhen Municipal People’s Procuratorate has prosecuted the criminal suspects Xu and Kang, and the case has entered the court proceedings.
During the court's public hearings, the Shenzhen Securities Regulatory Bureau also organized more than 30 persons in charge of "explosive" private equity institutions to observe and warn of the consequences of illegal operations.
The Shenzhen Securities Regulatory Bureau solemnly reminds investors that, in accordance with the "Securities Investment Fund Law of the People's Republic of China" and "Interim Measures for the Supervision and Administration of Private Equity Investment Funds", private equity funds are only raised from qualified investors and must not promise that the investment principal will not be lost or Commit to the minimum return; private equity funds are not allowed to publicize and promote through public means. Please be highly vigilant about publicity and promotion through SMS, WeChat, telephone, Internet, etc.; remember that private equity fund managers are not licensed financial institutions, China Securities Investment Fund The registration and filing of private equity fund managers and private equity funds by industry associations does not constitute recognition of the investment management capabilities and continuous compliance of private equity fund managers, and does not serve as a guarantee for the safety of fund assets. When investing in private equity funds, investors must be vigilant, judge carefully, identify risks, and invest rationally to avoid being deceived. (Headquarters CCTV reporter Wu Huijun)