Enterprise annuity fund custody contract model
Contract No.: __________ Contract Signing Location: ________________
Party A: ____________________ Company address: ________________________ Legal representative: __________________ Registered capital: ____________________ Business scope: ____________________ Organizational form: ____________________ Business period: ____________________ Enterprise annuity fund entrusted management business qualification certificate number: ________________ Postal code :____________________contact number:____________________
Party B: _____________________ Bank address: ________________________ Legal representative: __________________ Registered capital: ____________________ Business scope: ____________________ Organizational form: ____________________ Business period: ____________________ Enterprise annuity fund custody business qualification certificate number: ________________ Postal code: ___________________ _Telephone: ____________________ In order to ensure the security of __________ enterprise annuity fund property and protect the legitimate rights and interests of beneficiaries, according to the "Enterprise Annuity Trial Measures", "Enterprise Annuity Fund Management Trial Measures" "__________ Enterprise Annuity Plan" "_________ _ Enterprise Annuity Fund Trustee Management Contract and other relevant regulations, Party A entrusts Party B to be the custodian of __________ Enterprise Annuity Fund and engages in custody business.
The two sides agreed to carry out this cooperation in accordance with the principles of sincere cooperation, equal voluntariness and good faith.
In order to clarify the rights, obligations and responsibilities of Party A and Party B in the management, custody operation and mutual supervision of __________ enterprise annuity fund property, to ensure the security of the entrusted property and protect the legitimate rights and interests of both parties, this contract is specially made.
Chapter 1 Definition and Interpretation
In this contract, the following terms shall have the following meanings unless the context dictates otherwise:
1.1 This contract: “________________ Enterprise Annuity Fund Trusteeship Contract” signed by Nail and Party B and its affiliated files, and any effective changes made by Party A and Party B to the contract and the attached files.
1.2 Enterprise annuity: refers to the social pension insurance system voluntarily established by __________ enterprises and their employees on the basis of participating in basic endowment insurance according to law.
1.3 Enterprise Annuity Fund or Trusted Property: refers to the __________ enterprise's supplementary pension fund based on the funds collected by the __________ Enterprise Annuity Plan and its investment operations.
1.4 Investment Manager: refers to the establishment and effective survival according to the laws of the People's Republic of China, and obtains the qualification of investment management of enterprise annuity fund; according to the “__________ Enterprise Annuity Fund Investment Management Contract”, the professional investment management of the management of enterprise annuity fund investment assets mechanism.
1.5 Entrusted investment assets: refers to the assets invested by the investment manager in the __________ enterprise annuity fund property.
1.6 Trustee property trust account: refers to the special account of enterprise annuity fund property bank deposit custody opened by Party B in the name of __________ enterprise annuity fund in accordance with the instructions of Party A, which is specially used to collect the payment of enterprise annuity. treatment.
1.7 Entrusted investment asset custody account: refers to the special account of bank annuity fund bank deposit custody opened by Party B in the name of __________ enterprise annuity fund in accordance with the instructions of Party A, which is used for the liquidation of entrusted investment asset transactions.
Chapter II declares and promises
2.1 Party A declares and promises.
2.1.1 Party A makes a written commitment to the legality of the source and use of the __________ enterprise annuity fund to ensure that the entrusted property does not have any guarantees and that there are no other restrictive conditions that prevent Party B from entrusting the trustee.
2.1.2 Party A shall conscientiously perform the rights and obligations stipulated in the contract and shall be responsible for the effective execution of the contract, and the commission will not be questioned by any other third party.
2.1.3 Party A shall sign this contract and perform the duties stipulated in this contract in accordance with the relevant files established by the enterprise annuity plan and the “__________ Enterprise Annuity Fund Trustee Management Contract”.
2.1.4 Party A's signing of this contract, fulfilling its obligations under this contract, and exercising its rights under this contract will not violate Party A's articles of association and any judgments, rulings, authorizations and agreements applicable to Party A.
2.1.5 Party A agrees to submit the seal of the entrusted property trustee and the entrusted investment asset custody account related to this contract to Party B for custody, and promises not to report loss, re-registration, etc. during the execution period of this contract. The act of causing the seal, seal and related files to be invalid; Party A agrees to use the securities account related to this contract to Party B, and the original account is managed by Party B.
2.1.6 Party A hereby guarantees that all information provided to Party B is true, complete, accurate and legal, without any major omissions or misleading.
2.2 Party B declares and warrants that:
2.2.1 Party B is a custodian bank established and validly existing in accordance with the law. It has independent legal personality and enjoys full authorization and statutory rights to bear civil liability for its assets;
2.2.2 Party B declares that it has the qualifications for the enterprise annuity fund custody business approved by the regulatory authorities, and is legally qualified to engage in the enterprise annuity fund custody business within the scope permitted by relevant national laws, regulations and policies;
2.2.3 Party B has the capacity and capacity to sign and perform this contract;
2.2.4 If Party B signs this contract, fulfills its obligations under this contract, and exercises its rights under this contract, it will not violate Party B's articles of association, any contract, contract and any judgment applicable to Party B. Legal files such as rulings, authorizations, agreements, etc.;
2.2.5 Party B undertakes to take measures to ensure that its staff strictly abides by relevant laws, professional ethics and this Agreement, does not misappropriate the property, and does not use the entrusted property for guarantee or fund lending;
2.2.6 Follow the principle of good faith and select full-time staff to be responsible for the trusteeship of property;
2.2.7 Party B hereby guarantees that all information provided to Party A is true, complete, accurate and legal, without any major omissions or misleading.
2.2.8 Party B promises that the trusteeship of the property is in compliance with the relevant provisions of the State and this contract.
Chapter III Rights and Obligations of Party A
3.1 Party A's rights:
3.1.1 Increase or decrease the fiduciary property.
3.1.2 Party B is required to provide a report on the information of the entrusted property custody business in accordance with the provisions of the information report.
3.1.3 Supervise and inspect Party B in accordance with the provisions of this contract; have the right to inspect, copy or copy the accounts and other files related to its entrusted property, and obtain the financial status of the entrusted property, securities transaction records and other information.
3.1.4 Party B is required to compensate for the losses caused to Party A or its entrusted property due to its breach of contract.
3.1.5 Terminate this contract in accordance with the relevant provisions of this contract.
3.1.6 Handle related matters after the termination of this contract in accordance with the relevant laws and regulations.
3.1.7 Other rights under this contract.
3.2 Party A's obligations:
3.2.1 In accordance with the provisions of this contract, the trustee property shall be handed over to Party B in a timely manner.
3.2.2 Within the validity period of this contract and within the prescribed scope, Party A shall not unilaterally use or dispose of the entrusted property, nor interfere with Party B's custody behavior.
3.2.3 Party B shall open a securities account with the securities registration authority, and open a special account for trusteeship and a special account for entrusted investment assets in the designated banking institution of Party B.
3.2.4 In accordance with the provisions of this contract, the "__________ enterprise annuity plan", "__________ enterprise annuity fund entrusted management contract", "__________ enterprise annuity fund account management contract", "__________ enterprise annuity fund investment management contract", etc. Party B shall deliver the necessary information for the custody duties to Party B; all orders and notices issued by Party A to Party B in accordance with this contract shall be made in writing and shall be affixed with the official seal of Party A and the signature of the legal representative. Party A is obliged to ensure its seal. Signature with the legal representative is true and valid.
3.2.5 Party B shall be required to pay the custodian fee in accordance with the contract.
3.2.6 The investment manager is required to assist and cooperate with Party B to supervise the investment manager.
3.2.7 Other obligations under this contract.
3.2.8 Other relevant laws and regulations and other obligations stipulated by the regulatory authorities.
Chapter IV Rights and Obligations of Party B
4.1 Party B's rights:
4.1.1 Obtain the custodian fee income in a timely and full amount in accordance with the provisions of this contract;
4.1.2 Exercising the supervisory power of the investment manager's investment behavior and discovering that the investment manager's investment operation violates relevant state laws, regulations, contracts and other relevant regulations, promptly notify the investment manager in writing and simultaneously to Party A. Report relevant information and supervise the investment manager to correct within a time limit;
4.1.3 Exercising the supervision of the funds transfer of the trustee of the property trustee and the entrusted investment asset trustee, and discovering that Party A's transfer instruction violates relevant state laws, regulations or contracts and other relevant regulations, timely written Formally notify Party A and report to both the client and the regulatory body;
4.1.4 terminate this contract in accordance with the relevant provisions of this contract;
4.1.5 Other rights under this contract;
4.1.6 Relevant laws and regulations, regulatory authorities and other rights granted by Party A.
4.2 Party B’s obligations:
4.2.1 Perform the custodian's obligations in a principle of honesty, trustworthiness and diligence.
4.2.2 Equipped with sufficient and qualified professionals who are familiar with the fund custody business, the special department is responsible for the custody of the entrusted property, and strictly separates the custody property from other custody assets and inherent assets, and sets accounts for different assets. , the implementation of sub-account management.
4.2.3 Execute the instructions of Party A and the investment manager to handle the funds exchange under the name of the property under the trust; the normal, legal and compliance instructions of Party A and the investment manager shall not be unreasonably delayed or refused to be executed.
4.2.4 Party B shall not automatically use or dispose of the custody property except as otherwise provided by Party A's instructions or contract.
4.2.5 Establish and improve the internal management system and risk control system related to the trusteeship business.
4.2.6 Regularly provide Party A with a special evaluation report issued by the accounting firm on the internal control of the entrusted property custody and the reliability of the system related to the entrusted property custody.
4.2.7 Report to Party A any actions that may occur in connection with the interests of the entrusted property or the performance of the contract.
4.2.8 In accordance with the provisions of this contract and other documents, take appropriate and reasonable measures to supervise the investment manager.
4.2.9 Take necessary measures, policies and procedures, track and obtain public information of listed companies that invest in investment assets, and ensure the timeliness, comprehensiveness and reliability of the public information.
4.2.10 Accounting for the entrusted property in accordance with the relevant agreement of this contract.
4.2.11 According to the "__________ Enterprise Annuity Fund Trusteeship Management Contract" "__________ Enterprise Annuity Fund Investment Management Contract" and this contract, the corresponding entrusted fees, investment management fees and custody fees are accrued and paid.
4.2.12 Provide Party A with the information report on the entrusted property custody business in strict accordance with the agreement on the information report of this contract.
4.2.13 Review the financial information such as the net value of the entrusted investment assets calculated by the investment manager and the relevant contents of the prepared investment operation report of the entrusted property, and issue a written review opinion to Party A.
4.2.14 Issue the funds information of the payment enterprise annuity fund and the income of the entrusted property to Party A and the account manager in a timely manner.
4.2.15 Completely keep the archives and materials related to the entrusted property in accordance with this contract; keep the original vouchers, accounting vouchers, account books, transaction records and important contracts related to the entrusted property within the validity period of the contract and at least 15 years after the termination of the contract. .
4.2.16 Cooperate with and assist the investment manager to handle matters related to the lease and change of the entrusted investment assets trading seat.
4.2.17 Cooperate with and assist Party A to complete the termination of this contract and the termination of the “__________ Enterprise Annuity Investment Management Contract” in accordance with the relevant laws and regulations, and promptly issue a liquidation report of the entrusted investment assets to Party A.
4.2.18 Assist Party A to pursue the investment manager's liability for breach of contract.
4.2.19 Reimbursement for the loss caused by the premature termination of the contract due to Party B and the losses caused to Party A or the entrusted property due to breach of contract or irregularity.
4.2.20 Assist Party A or Party A to recover from any third party the losses caused by the third party to the entrusted property, and recover the proceeds from the entrusted property.
4.2.21 Other obligations as stipulated in this contract.
4.2.22 Other relevant laws and regulations and other obligations stipulated by the regulatory authorities.
Chapter V Designation and Change of Account Manager and Investment Manager
5.1 Account Manager.
5.1.1 If Party A determines or changes the name of the enterprise annuity fund and the corresponding account manager, it shall issue a written notice to the custodian. If it involves the rights and obligations of Party A, Party B and the account manager, it is necessary to sign a tripartite agreement, which can be used as an auxiliary file.
5.1.2 If the account manager is unable to perform his duties for any reason, Party A shall promptly notify Party B and issue a written notice.
5.1.3 Party B shall, in accordance with the provisions of this contract, transmit to the account manager of the enterprise annuity fund an order or notice signed by the representative of Party B or its designated authorized representative and affixed with a reserved seal.
5.2 Investment Manager 5.2.1 The investment manager and investment policy corresponding to the entrusted property shall be notified to Party B in writing after Party A determines.
5.2.2 Party B shall accept the instructions and notices and other business documents transmitted by the legal representative of the investment manager or its authorized representative within the scope of its permission in accordance with this contract and the provisions of the “________________ Enterprise Annuity Fund Investment Management Contract”.
5.2.3 Party A shall send a written notice to Party B before terminating the “_____________ Enterprise Annuity Fund Investment Management Contract” signed by the investment manager. Party B shall cooperate with and assist Party A to complete relevant matters after the termination of the contract in accordance with relevant laws and regulations.
Chapter VI Trusteeship of Trusted Property
6.1 Trusted property.
6.1.1 The property under this contract is the entire property of the __________ enterprise annuity fund entrusted by the nail party.
6.1.2 The entrusted property is independent of Party A's inherent property and other assets it is entrusted to, independent of Party B's inherent property and other assets under its custody, independent of the investment manager's inherent property and other assets under investment management.
6.1.3 Party A and Party B shall not transfer the entrusted property and its proceeds into its liquidation property when it is terminated due to reasons such as disaggregation according to law, being revoked according to law or being declared bankrupt according to law.
6.1.4 Party A and Party B shall not offset the creditor's rights of the entrusted property with the debts that are not the fiduciary property.
6.1.5 Party A and Party B shall not claim or agree to the third party's enforcement of the entrusted property due to the debts borne by the entrusted property itself.
6.2 Increase or decrease in fiduciary property.
6.2.1 During the term of this contract, Party A shall issue to Party B an order or notice for the increase and payment of the entrusted property on a monthly basis, and notify Party B to accept the new entrusted property and pay the beneficiary enterprise annuity treatment.
6.2.2 Party A shall transfer the increased entrusted investment assets to the custodian's entrusted investment asset custody account during the term of this contract. The custodian shall notify Party A and the investment manager in writing on the day of receipt of the entrusted investment assets.
6.2.3 During the period of the contract, if Party A needs to reduce the entrusted investment assets, Party A shall notify Party B in advance and copy the investment manager. Party A shall notify Party B to transfer the corresponding funds from the entrusted investment asset custody account to the entrusted property custody account. Party B shall notify Party A and the investment manager and account manager in writing on the day of allocation of funds.
6.3 Opening and Management of Accounts 6.3.1 Hiring and Management of Trading Seats 6.3.1.1 Entrusted Investment Securities securities trading institutions are employed by investment managers, and the investment manager informs Party A and Party B, and the investment manager designates securities brokers. The seats provided by the firm are used for the investment transaction of the entrusted investment assets. The seat number of the Shanghai Stock Exchange is: The seat number of the Shenzhen Stock Exchange is: The investment manager should ensure that the securities broker has sufficient trading and liquidation capabilities. .
6.3.1.2 If Party A or the investment manager has sufficient reason to believe that the securities brokerage institution cannot perform the securities brokerage duties, he may choose a new securities brokerage institution instead, but the investment manager shall notify Party A and Party B one month in advance, the original broker. The organization shall retire after the business has been completely transferred.
6.3.2 Opening and management of the fund account.
The opening and management of the fund account related to the entrusted property shall be implemented by Party B in accordance with the provisions of laws, regulations and relevant business rules. The reserved seal of the fund account shall be kept by Party B.
6.3.3 Establishment and management of securities accounts.
6.3.3.1 According to Party A's instructions, Party B shall open a separate securities account in Shanghai or Shenzhen Stock Exchange in the name of __________Enterprise Annuity Fund.
6.3.3.2 Party A provides relevant facilities for Party B to open a securities account. Party B shall promptly notify the investment manager of the opening of the securities account, and send a copy of the account opening confirmation information and the shareholder code card to Party A for record, and Party B shall retain the original.
6.3.3.3 The opening and use of the securities account of the entrusted property is limited to the satisfaction of the business of the entrusted property. Party B does not lend or transfer, nor may it use these accounts to engage in activities other than those stipulated in this contract.
6.3.3.4 Party B shall formulate a management system for the relevant accounts of the entrusted property, and implement sound risk prevention measures to safely keep the entrusted property. The account management system, risk prevention measures and their revisions shall be reported to Party A for record in time.
6.4 Transfer of entrusted property.
6.4.1 Before transferring the entrusted property to Party B, Party A shall send Party B a notice of transfer of the entrusted property; the notice shall indicate the time of transfer, the amount of transfer and the name of the investment manager corresponding to the property and the name and account number of the entrusted investment asset account. Wait.
6.4.2 Party B shall issue a confirmation of the receipt of the entrusted property to Party A and the relevant investment manager on the day of transfer of the entrusted property to the account; the confirmation letter shall indicate the amount of the account and the corresponding name of the investment manager and the entrusted investment assets. The account name and account number, the time of arrival, etc., and the official seal of Party B.
6.4.3 After Party A has issued Party B's instructions for payment of the property, Party B shall, in accordance with the requirements of Party A, handle the transfer of funds and report the results to Party A in time.
6.5 Custody of physical securities.
Party B shall, in accordance with the instructions transmitted by the investment manager, handle the procedures for the purchase and transfer of physical securities, and safely keep physical securities in accordance with relevant rules. The physical securities and custody vouchers of the entrusted investment assets shall be held by Party B.
6.6 Execution of instructions and notifications.
6.6.1 Contents of instructions and notices.
6.6.1.1 The instructions and notices from Party A include, but are not limited to, the transfer of funds between the entrusted property trust account and the entrusted investment asset custody account, the suspension of liquidation, the increase of the entrusted property, the payment of the entrusted fee, the investment management fee and the custody fee. And paying the enterprise annuity treatment to the beneficiary.
6.6.1.2 Instructions and notices from the investment manager include over-the-counter transactions, receipt and payment, and so on.
6.6.1.3 The instructions must state the following: account number, amount, method of transfer, use, reserved seal, signature, date and other matters that need to be specified.
6.6.2 Confirmation of the transmission of instructions and notifications.
6.6.2.1 The instructions and notices of Party A and the investment manager shall be issued and sealed by their legal representative or their designated authorized representative.
6.6.2.2 Instructions must be transmitted in writing, including original delivery and faxing.
6.6.2.3 After receiving instructions or notices, Party B shall designate a person to verify the signature and seal. If the signature and seal verification are consistent, the implementation shall be in accordance with the relevant provisions of 7.4.3; if the signature and seal verification are inconsistent, the instruction or notice shall be invalid, and Party B shall immediately report to Party A.
6.6.2.4 For instructions or notices that arrive within the time limit, Party A shall consider the necessary time for Party B to handle the business.
6.6.3 Execution of instructions and notifications.
6.6.3.1 For orders and notices from Party A, Party B shall not refuse to execute unless it violates laws and regulations, the __________ Enterprise Annuity Fund Trustee Management Contract and this contract. If Party B has any objection to Party A's instructions or notice, Party B shall notify Party A on the day of receipt of the order or notice; if Party A's written notice maintains its order, Party B must execute it.
6.6.3.2 Party B shall review the instructions and notices from the investment manager if there is no violation of laws, regulations and the __________ Enterprise Annuity Fund Investment Management Contract, and there is no instruction or notice from Party A. Conflicts should be implemented immediately without delay. If Party B finds that the investment manager's instructions or notice violates the laws, regulations, investment policies and the provisions of the "__________ Enterprise Annuity Fund Investment Management Contract", it shall be executed in accordance with the processing methods and procedures specified in 7.7.2 of this contract.
6.6.3.3 If the investment manager's instructions or notices do not violate the laws, regulations, investment policies and the provisions of the __________ Enterprise Annuity Fund Investment Management Contract, but conflict with Party A's instructions or notices, Party B shall suspend execution and Report Party A and the investment manager immediately. Party A shall reply within a reasonable time, and Party B shall execute it according to Party A's reply.
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