Blue Sky Fund Asset Trust
According to the current laws of China and the relevant spirit and requirements of the “Interim Provisions on the Administration of Shenzhen Investment Trusts”, the funds raised will be invested in economic fields that can generate good returns, so that investors can obtain the highest possible return on investment and richer The purpose of capital appreciation, after equal consultation and consensus, reached the following agreement:
First interpretation
Except as otherwise provided in other provisions of this contract, the following terms have the following meanings:
1. The Fund
Refers to the Blue Sky Fund established under this contract.
2. Units
Refers to the smallest aliquot representing a certain share of the Fund's assets.
3. People
Refers to the participants in the civil activities referred to in the General Principles of the Civil Law, including natural persons and legal persons.
4. Beneficiary
Refers to the holding of the unit shares issued by the Fund and the corresponding assets, the actual ownership of the assets, the distribution rights of the remaining assets, the voting rights of the beneficiary meeting, etc., and the commitments under this contract and the Fund’s Articles of Association and current regulations. Obligatory person.
5. Competent authority
Refers to the government agency that implements the administrative functions of the fund. This contract refers to the Shenzhen Special Economic Zone of the People's Bank of China.
6. Manager
According to the fund management regulations, as one of the main sponsors of the Fund and one of the contractors of this contract, the trustee entrusts the assets of the fund to be investment management activities. In this contract, it refers specifically to Shenzhen Blue Sky Fund Management Company or its successor.
7. Investment
Refers to the manager's funds to purchase any stocks, bonds, bank notes, commercial papers and other securities and their share of funds, or the use of funds for projects such as equity participation in the company to obtain corresponding benefits the behavior of.
8. Trustee
Refers to the fund management regulations, as one of the contractors of this contract, the person who keeps the basic assets in accordance with the provisions of this contract, in this contract refers to the Shenzhen Branch of the People's Construction Bank or its successor.
9. Fiscal year
Refers to the period from January 1 of the Gregorian calendar to December 31 of the current year.
10. Net asset value at the beginning of the year
Refers to the net asset value of the Fund on the first valuation date after the beginning of each fiscal year.
11. Beneficiary certificate
Refers to the securities issued to the beneficiary by the trustee and the manager in accordance with the fund management regulations for the purpose of raising funds of the fund. In this contract, the securities passbook approved by the competent authority is referred to.
12. Unit holder
Refers to the actual holder of each unit of the fund registered on the beneficiary's register, and refers to all beneficiaries of the Fund.
13. Beneficiary roster
Refers to the register of information on the name, address and share of the beneficiary of the Fund as described in Article 4 of this contract.
14. The registrant
Refers to the person or institution entrusted by the trustee to be responsible for the registration and custody of the beneficiary's roster. This contract refers specifically to the Shenzhen Securities Registration Company.
15. Trading day
Refers to any business day of a stock exchange or securities firm or bank with legal securities trading activities in the country.
16. Connected person
Refers to the following three types of people:
a person who directly or indirectly owns 30% or more of the total shares or voting rights of the manager or trustee;
a person controlled by a person referred to in the above-mentioned item;
A person who directly or indirectly owns 30% or more of the total shares or voting rights of the company by the manager or trustee.
17. Valuation
Refers to the activity of assessing the value of the relevant assets or claims of the Fund in accordance with Article 6 of this contract.
18. Valuation date
Refers to any trading day in which the manager calculates and publishes the net asset value in accordance with the provisions of this contract.
19. Initial issue fee
Refers to the initial issue fee referred to in Article 7 of this contract.
20. Manager's annual fee
Refers to the amount that the manager should be entitled to under Article 13(3) of this contract.
21. Net asset value
Refers to the value of assets owned or represented by a fund or a unit issued by the Fund in accordance with Article 6 of this contract.
22. Trust annual fee
Refers to the amount that the trustee should be entitled to in accordance with the provisions of Article 12 of this contract.
23. Auditor
Refers to a recognized professional body and its professionals who, in accordance with the provisions of this contract, are audited by the manager with the consent of the trustee.
24. General resolution
Refers to a resolution passed by a beneficiary meeting convened in accordance with Article 10 of this contract by 50% or more of the total number of votes.
25. Special resolution
Refers to the resolution of 75% or more of the total number of votes cast by the beneficiary meeting held in accordance with Article 10 of this contract.
26. Accounting Settlement Date
Refers to the December 31 of each year during the duration of the Fund as stipulated in this contract.
27. To be distributed income account
Refers to the account specified in this contract for the deposit of funds to be distributed.
28. Income Distribution Day
Refers to the transfer date of the income distribution of the annual meeting proposed by the trustee and determined by the beneficiary meeting after the end of each fiscal year of the current period of the fund, which may not exceed the three-month period after the accounting settlement date of the fiscal year.
29. Fund Management Regulations
Refers to the Blue Sky Fund Charter and its future revisions or additions.
30. Fund Management Regulations
Refers to the "Interim Provisions on the Administration of Shenzhen Investment Trusts".
31. Pricing Day
Refers to the most recent securities trading day or equity valuation date or real estate appraisal date before each valuation date of the Fund.
Article 2 The Fund
1. The name of the fund: Blue Sky Fund.
2. The scale of the issuance of the fund: The maximum issuance limit of the fund is 300 million units, the minimum issuance amount is 180 million units, and the denomination of each fund unit is RMB 壹 yuan. The Fund will not be listed and traded during the initial closure period, nor will it issue additional fund units. However, during the duration of the fund, the total amount of units may be increased and the amount of units held by the beneficiaries shall be increased accordingly to distribute the annual income.
3. The duration of the Fund: The Fund is a closed-end unit trust investment fund for the first three years since its establishment. It can be extended according to the resolution of the beneficiary meeting and approved by the competent authority before the expiration, or it can be converted into an open-ended investment fund. Or transfer to another investment fund initiated by the manager.
4. The assets of the Fund consist of the following components:
The proceeds from the sale of fund units;
The investment made by the above funds or the property formed by such investment;
Income from the sale or transfer of the above investment or property;
Value-added, premium and other non-operating income generated by the above investment or property in the process of existence;
Income from reinvestment of the proceeds;
Other miscellaneous income in addition to the above items.
5. The above assets of the Fund are held by the trustee in nominal terms according to the trust principle. All investors of the Fund are actual holders.
6. The trustee shall open and hold the above-mentioned assets in a separate account independent of its own assets or other assets; all external business activities of the Fund shall appear in the name of the Fund.
7. The trustee, manager or beneficiary shall not be entitled to lien, mortgage or other priority to the assets of the Fund in accordance with this contract.
8. The Fund may borrow funds in the form of cash or other assets at any time for investment and business operations; the balance of the Fund's borrowings shall not exceed the net asset value of the Fund at the beginning of the fiscal year.
The above borrowings of the Fund may be derived from trustees, managers or related parties, but such borrowing rates should generally not be higher than the usual interest rates of the current peers.
Article 3 Issuance, Beneficiary Certificates and Holders of the Units
1. The target of the sale of the unit, the issuance method and the issuance period shall be implemented in accordance with the prospectus approved by the competent authority.
2. The face value of each fund unit is RMB 壹 yuan, the selling price is RMB 壹 yuan, plus the initial issuance fee of 3% of the price of the sending and receiving.
3. The Units and Beneficiary Certificates are issued in the form of registered written vouchers. Each beneficiary certificate is 1000 Units.
4. The beneficiary certificate issued by the Fund is a proof that the unitholders have the ownership, beneficiary rights or other rights and interests of a certain share of the Fund and bear the corresponding obligations, and is not the evidence to guarantee the proceeds.
5. The manager shall subscribe and hold a 5% share of the total issued amount of the Unit, and shall not be lower than the original amount without the approval of the competent authority before the liquidation of the Fund.
6. The actual holder of the Unit is also the beneficiary of the Fund. The amount of equity of the Fund that each Benefard enjoys in accordance with the provisions of this contract is proportional to the size of the unit of the Unit held by the Beneficiary. However, any beneficiary will not enjoy special rights to a particular asset of the Fund.
7. The beneficiary of the Unit shall not redeem the Units held by the Fund during the closed period of the Fund.
8. If the fund's amount of units sold within the prescribed issuance period does not meet the minimum limit, the Fund cannot be established. At that time, the sponsor will add the amount raised to the current deposits as prescribed by the People's Bank of China. Interest calculated on the interest rate is refunded to the subscriber after deducting the corresponding issue fee.
Article 4 The list of beneficiaries and the transfer of units
1. Before the fund is not listed or open for operation, the beneficiary's roster is produced, registered, altered and saved by the manager in written or electronic form. After the listing, it can be submitted to the registrant. The contents of the beneficiary roster record are:
The name of the beneficiary and the bank account number or passbook number used to distribute the cash proceeds.
The share of the fund unit held by the beneficiary;
The date on which the beneficiary subscribes or receives the unit and the relevant information of the assignor;
The transfer date of the transfer of the fund unit.
2. If the beneficiary believes that the above records need to be changed, the manager or the registrant should submit an application for change, and the manager or registrant should review the relevant procedures and decide whether to make corresponding changes on the beneficiary's roster. .
3. The identification of the beneficiary's identity and the size of the unit share held by it shall generally be based on the record of the beneficiary's roster.
4. After the establishment of the fund for three years, in the case of an extended closure period, the Unit may apply for listing on the stock exchange.
The trading rules of the unit after listing are executed in accordance with the listed securities trading rules.
5. Any beneficiary has the right to transfer the fund unit under its name to others through the manager or its entrusted stock exchange or securities firm.
6. The transaction or transfer price of the above-mentioned fund units shall be determined according to the market price on the trading day, and the transferor and/or the transferee shall separately pay the stamp duty and handling fee prescribed by the competent authority.
7. The transferee in the above transfer must hold the transfer voucher to the manager or registrant to handle the transfer of the transferred fund unit before enjoying the share of the income distribution of the share fund unit.
Article 5 Investment objectives, investment scope and investment restrictions of the fund
1. As a new type of financial investment tool for the society, the Fund aims to invest the funds pooled by investors in different types of listed or unlisted stocks according to the changes in the market such as securities. On securities such as bonds, or on investment projects such as equity, real estate or futures of enterprises, in order to diversify and reduce investment risks and achieve greater appreciation of the capital of the Fund.
2. In the initial stage of the Fund, the securities investment will be based on the stocks and bonds listed and traded, and will be dominated by the markets of Shenzhen and Shanghai. In order to make better use of investment opportunities, the Fund can also participate in equity acquisitions of non-listed companies and cooperative development and operation of real estate.
3. The size or scope of the Fund's investment has the following restrictions:
The funds invested in the stock shall not exceed 80% of the net asset value of the fund at the beginning of the fiscal year, the proportion of investment in bonds shall not exceed 40%, the equity invested in non-listed companies shall not exceed 30%, and other investments such as real estate and futures shall not exceed 40%;
The total amount of stocks or any other securities invested in any listed company shall not exceed 10% of the value of the assets at the beginning of the fund; the amount invested in any listed company's stock or other securities shall not exceed the company's stock or securities issue. 10% of the total;
The Fund cannot invest in units or beneficiary certificates issued by other types of funds, and cannot provide guarantees for others with the assets of the Fund, and cannot invest in projects that bear unlimited liability;
The Fund cannot lend money abroad, but the funds waiting for the investment opportunity can be borrowed for short-term borrowing, and the loan balance cannot exceed 25% of the net asset value of the Fund at the beginning of the year;
The manager shall not invest the assets of the fund in the enterprise or project in which the manager's own shareholders own more than 30% of the shares without obtaining the written consent of the trustee.
4. In the following circumstances, if any investment in the Fund has exceeded the above investment limit, the manager is not required to adjust the investment amount;
1 When the investment exceeds the above limit due to the appreciation or depreciation of all or part of the assets of the Fund or due to certain market price changes;
2 When the investment amount exceeds the limit due to the merger, restructuring, separation, transfer, etc. of the invested enterprise;
3 Due to the fact that the Fund spends a certain amount of income or income in its business activities, the amount of this investment is limited.
5. The manager or his related person may not issue investment relationship with the Fund in his own name without the written consent of the trustee.
6. The interest rate of the cash deposits deposited by the Fund at the trustee or manager or related party shall not be lower than the interest rate of the interbank deposits of the current period.
7. The manager may, at any time, decide an investment project according to the operational needs or convert some or all of the investment projects at any time and then transfer the funds for other purposes.
8. All of the above investment activities shall be conducted in accordance with the usual trading methods of the market. Unless the manager considers it necessary to adopt other trading methods that are not unfavourable to the Fund, he must obtain the consent of the trustee.
9. The Trustee has the right to refuse to accept investment or other property that it believes does not comply with the provisions of this contract, and may require the Manager to take timely measures to replace the investment or property that does not comply with the provisions of this contract.
10. Managers can only carry out investment business activities after the establishment of the Fund and the written consent of the Trustee.
Article 6 Asset Valuation Rules
1. The first securities trading day of the fund after the listing of the fund is the valuation date of the fund's assets and units.
2. The valuation of the assets and units of the Fund follows the accounting standards of Shenzhen City, refers to international practices and complies with the relevant provisions of this contract.
3. The amount of the assets of the Fund shall be determined on the basis of the following criteria:
The value of any listed or listed securities investment project shall be calculated based on the closing price of the investment share equal to the investment market's valuation date, with the following exceptions:
1 If there is more than one investment market mentioned above, it is calculated based on the closing price of the main investment market;
2 If, for some reason, the price data cannot be obtained from the above investment market within a certain period of time, the valuation is based on the price of the previous valuation date or the valuation is suspended as needed;
3 If the investment project is subject to interest and the above price information does not include the accrued interest portion, the interest payable portion up to the valuation date shall be deducted in advance when calculating the investment project.
Note: If the price obtained by the manager following the above-mentioned methods and allegedly the latest information is inconsistent with the actual price, the manager is not responsible for the error.
Any unlisted bonds or short-term commercial papers are calculated based on the purchase cost plus the interest receivable from the next day from the purchase date to the date of the valuation.
The value of bank deposits and similar monetary assets shall be calculated on the basis of their face value plus interest receivable until the date of valuation.
The value of any investment or other property that requires a price agreement but has not yet been fulfilled, which is required to be delivered on a contractual basis, shall be calculated on the basis of the value that should be had after the investment or property rights have occurred.
Equity or other unliquidated investment items are calculated based on the original cost of the investment plus the amount of profit that should be available based on the expected profit value to the date of valuation.
The debts and debts receivable in addition to the above investment or property projects are calculated based on the amount to be recovered or payable up to the date of valuation.
All fees or other expenses to be amortized or withdrawn in the assets of the Fund shall be amortized at the end of the previous month minus the amortization period at the end of the previous month or added to the date of the accrual After that, the balance is included in the total assets of the Fund.
4. After the assets of the Fund are valued as described above, if the value of the asset is greater than the book value, the value-added portion is recorded as a revaluation surplus; if it is less than the book value, it is deducted from the revaluation surplus.
5. The balance of the total assets of the Fund calculated in the above manner after deducting the total liabilities of the Fund shall be the net asset value of the Fund on the valuation date.
The net value of the above assets is divided by the total number of units issued by the Fund, which is the net asset value of each unit.
6. The manager may, after the consent of the trustee, make appropriate adjustments to the valuation of the above investment projects or other assets, or adopt other valuation methods to truly reflect the actual value of the assets.
7. The unit's net asset value is published once a month in the Shenzhen Special Zone Daily or Shenzhen Commercial Daily.
Article 7 Fees of the Fund
1. The initial issuance fee, including the initiation fee, commission, underwriting fee, advertising and advertising materials, and the printing and distribution of archival materials, etc., the rate is calculated at 3% of the selling price of the fund unit, and the subscriber is subscribed to the fund unit. And pay.
2. The annual fee of the fund manager, whose rate is 1.2% of the net book value of the fund's annual assets, is accumulated day by day, and is directly paid by the trustee from the assets of the fund to the manager before the 10th of each month.
3. The fund trust annual fee, which is 0.3% of the net book value of the annual assets, accumulated day by day, and is directly drawn by the fund trustee from the fund assets before the 10th of each month.
4. The expenses incurred by the fund beneficiary roster registration fee, beneficiary certificate custody fee, listing transaction fee and distribution fund income shall be paid by the trustee from the trust assets to the manager registrant on time according to the standard of this contract or relevant regulations. Securities dealer or stock exchange.
5. Announcement or notification of the relevant matters of the Fund and the preparation of the annual report, quarterly report and other files and the fees payable by the lawyer, the auditor's fee, the notary fee, etc., shall be paid by the trustee from the fund according to the manager's designation or relevant contract and verification. Pay in assets.
6. In the course of investment and management operations, all expenses or interest expenses incurred in the external borrowing or property insurance shall be paid by the trustee from the assets of the Fund in accordance with the relevant contract.
7. All kinds of taxes and fees and local fees payable in the income from the investment or operation of the Fund shall be paid by the trustee from the assets of the Fund.
8. Temporary necessary expenses or regulations other than the above-mentioned items or contributions prescribed by the local government shall be paid by the trustee and then paid from the assets of the Fund according to the actual amount incurred;
9. The necessary expenses incurred by the manager or trustee in investing and managing the funds of the Fund shall be paid by the trustee from the assets of the Fund, but the daily administrative expenses of the manager and the trustee shall not be borne by the Fund.
Article 8 Accounting and Audit Report
1. The Fund has a separate account, independent accounting, and is responsible for its own profits and losses.
2. The accounting system of the Fund is implemented in accordance with the Shenzhen Special Economic Zone Accounting Standards; if the SAR accounting standards are not specified, it shall be implemented in accordance with international practice.
3. The manager shall submit the trust report for the quarter to the trustee within one month after the end of each quarter. The trustee shall disclose the interim financial report of the fund within one and a half months after the end of each half year, at the end of each fiscal year. Within the next three months, the annual financial report audited by the auditor will be submitted to the beneficiary conference.
4. The accounting books and asset keeping account books in the investment and management activities of the Fund are established and kept by the trustee; the manager is responsible for establishing and maintaining records of all investment or management activities of the Fund.
Managers and trustees should provide convenience for the other party to view and copy the books or records.
5. The storage period of all the above accounting documents or books or investment management records is five years after the end of the liquidation of the fund.
6. The auditor of the Fund shall be a professional accounting body and its professionals registered in Mainland China or Hong Kong and must be independent of the trustee, manager or connected person.
Article 9 Income Distribution
1. The total amount of income in the fiscal year realized by the Fund on each accounting settlement date refers to the total amount of any dividends, dividends, interest, profits and/or other types of income obtained during the investment operation of the Fund during the fiscal year. The income component is deducted from the balance of all investment operating costs and taxable amount, local fees and other expenses that should be spent in the current year.
2. The balance of the above-mentioned total annual income of the Fund after deducting the portion of the performance bonus that is prescribed or may be withdrawn by the manager is the total distributable income for the fiscal year.
3. The total amount of distributable income and the distribution method of the current year are determined by the trustee and passed by the beneficiary assembly. The total amount of the unit's distributable income is calculated according to the total amount of the unit, and is recorded according to the income distribution date. The list of beneficiaries is directly transferred by the manager or registrant into the bank account in which each beneficiary is registered on the beneficiary's register in cash, or the beneficiary certificate is sent to the beneficiary in the form of a bonus unit. Under normal circumstances, the Fund's annual income distribution is in the form of a dividend unit.
4. The Fund distributes income once a year, usually within 3 months after the end of each fiscal year, and generally does not carry out medium-term allocation; if the total amount of income in the fiscal year is less than 5% of the net asset value of the Fund at the beginning of the year, or For income, no income distribution will be made during the year.
5. The interest income that can be calculated from the above-mentioned annual income deposited in the income account to be distributed shall be transferred to the amount of distributable income in the next fiscal year, but no interest will be accrued during the distribution process after the income distribution date of the year. .
6. If, for the beneficiary's own reasons, the trustee or manager or registrant cannot timely distribute the proceeds that should be allocated to the benefit within a certain period of time, the beneficiary is deemed to have waived the beneficial right of the above-mentioned income. And after the above period, there is no right to claim compensation from the trustee or manager. Under the above circumstances, the above undistributed income shall form part of the fund's assets.
Article 10 Beneficiary Conference and Resolutions
1. The beneficiary conference shall be convened at least once a year, usually within 2 months after the end of the fiscal year, or temporarily after the written proposal of the beneficiary representing 10% or more of the total unit share of the fund.
2. A beneficiary who holds or represents a certain share of the Unit has the right to attend the meeting. The beneficiary who is less than the above share may entrust other authorized participants to express their opinions or vote on their behalf, the directors of the manager and the trustee and are authorized. Senior staff can attend the conference.
3. The time, place, attendance qualifications and conference topics convened by the conference shall be notified by the trustee at least 20 days in advance by placing an announcement and sending a letter on the Shenzhen Special Zone Daily or Shenzhen Commercial Daily. people. Any beneficiary who has not seen or received the above notice for any reason does not affect the binding force of the resolution of the conference.
4. The General Assembly shall have a beneficiary holding or representing 30% or more of the total shares of the Unit or its principal to attend and formally convene and may discuss and vote on the general resolution; if a special resolution is to be discussed and voted on; The unit share of the fund represented shall be 50% or more of the total amount of the issue.
5. If the meeting has passed the ten-minute meeting and the attendee's share of the fund unit does not meet the requirements of the preceding paragraph, the meeting must be postponed after 15 days. The time and place will be decided by the chairman of the meeting or the trustee. Inform the beneficiary as described above. The General Assembly, which is postponed, does not make any request for the share of the units held or represented by the attendees, and may discuss and vote on all the original proposals.
6. The chairman of the meeting shall be appointed in writing by the trustee in advance; if the chairman of the meeting is not appointed or has been designated by the trustee for more than 15 minutes, an attendee shall be elected as the chairman of the meeting on the spot.
7. Unless the President of the General Assembly decides to vote by one vote per unit based on the need of voting or on the proposal of an attendee representing 10% or more of the total share of the Fund’s issuer, the resolution of the General Assembly shall generally vote for each attendee. The voting method is carried out.
8. The adoption or rejection of a general resolution shall be valid if 50% or more of the total voting rights of the above-mentioned attendees are endorsed or opposed. The adoption or rejection of a special resolution shall be valid if the above-mentioned total voting share of the attendees is 75% or more.
Any resolution passed by the General Assembly is binding on all beneficiaries, managers and trustees.
9. The minutes of the meeting of the General Assembly shall record in detail the time, place, attendance list, issues and resolutions of the meeting and resolutions adopted or rejected by the meeting, signed by the President of the General Assembly. The original minutes of the meeting will be kept by the trustee and the copy will be kept by the manager.
10. The following matters are subject to discussion and voting by the General Assembly as a special resolution:
Amend or add to the Articles of Association of the Fund;
Amend or add to this contract;
The income distribution proposal for the fiscal year has ended;
Proposal to extend or convert the duration of the Fund into an open-end fund;
The liquidation of the fund or the liquidation in advance;
Resignation or removal of a manager or trustee;
Other major issues related to the Fund.
The special resolution adopted above shall be subject to the approval of the competent authority if necessary.
Article 11 Liquidation of the completion of the Fund
1. When the Fund is not extended at the expiration of the closure period or the expiration of the extended closure period, or when the beneficiary conference decides not to convert to another investment fund, or during the open operation, the beneficiary conference decides to terminate the Fund The Fund shall be closed upon approval by the competent authority.
2. In the event of one of the following circumstances, the Fund may complete the business in advance by resolution of the beneficiary meeting and approval by the competent authority:
Due to changes in current regulations or implementation of new regulations, the Fund cannot continue to exist or operate legally;
If the manager retire or be replaced for any reason, there is no new manager to succeed within 2 months;
When the trustee retirees or is replaced for any reason, there is no new trustee to succeed within 2 months;
When the Fund is unable to operate normally for more than two months due to force majeure;
The fund's net asset value has fallen to more than 70% of the total value of the issued fund units for more than six consecutive months.
3. The trustee, manager or beneficiary representing 50% or more of the total issued units of the Fund has the right to submit in writing the proposal for the completion of the fund's early completion.
4. After the completion of the fund is approved by the competent authority, the trustee shall, as soon as possible, pass the fund's closing date and the fund's transfer deadline as the beneficiary by means of an announcement or letter, and the trustee shall be responsible for organizing the fund clearing team. The manager shall not make any new investment after the fund decides to complete the business, and the unit of the fund stops the transfer.
5. The members of the Fund's liquidation team shall include trustees, managers, certified public accountants or auditors, and legal counsel.
6. The duties of the Fund Clearing Team are:
Clean up, verify and maintain all assets of the Fund;
Clean up the outstanding debts and debts of the Fund;
Assets that are not in cash form are realized as soon as practicable.
Submitting the distribution plan of the fund's balance assets to the competent authority and being responsible for the implementation of the plan after approval;
Responsible for other matters in the course of the fund's completion.
7. The Fund's liquidation team and its trustee are entitled to reasonable remuneration in the performance of the above duties, and the remuneration may be preferentially compensated from the balance assets of the Fund upon approval by the competent authority.
8. The part of the beneficiary that has not been received after the distribution of the balance assets of the Fund mentioned above has reached a certain period shall be submitted to the competent authority for handling.
Article 12 Trustee
1. The trustee must perform the following duties:
Assist the manager to launch the fund;
Equipped with full-time staff to take good care of the assets of the Fund;
Establish a separate account for the assets of the Fund and distinguish it from its own assets or other assets for registration and accounting;
Establish and maintain a list of beneficiaries of the unit, convene the beneficiary conference and be responsible for the distribution of income;
Responsible for the settlement, liquidation and transfer of the Fund's securities transactions and responsible for the investment and liquidation of equity and other projects;
Supervising the supervisor to perform his duties and supervise his investment management activities in accordance with the provisions of this contract and the Fund's articles of association;
Confirm that the manager does not violate the investment behavior stipulated in this contract in the performance of his duties, and then handles the financial procedures related to income and expenditure according to his instructions;
Review and disclose the financial report and other public files of the Fund;
This contract or other duties as stipulated in the Fund's Articles of Association.
2. The relevant obligations of the trustee are as follows:
Acting as a code of conduct to safeguard the interests of all investors or beneficiaries, and to abide by the law;
Responsible for the custody and supervision of the assets of the Fund it is entrusted to;
Pay attention to keeping the Fund's commercial confidentiality, no time to go outside
Leakage of the Fund's current and future investment plans, intentions and conditions;
Have no right to interfere or not execute the investment decision of the manager that does not violate the provisions of this contract, otherwise it shall be liable for the losses suffered by the fund or manager;
It is the responsibility to notify the manager of the significant impact on the fund or manager in a timely manner, and actively assist the manager to take corresponding measures. It is responsible for providing convenience for the manager to check the assets and beneficiaries of the Fund.
3. The rights of the trustee:
Have the right to obtain the annual fee of the Trust of the Fund and other reasonable compensation for the financial losses caused by the fund or the manager's advance or the non-self-responsibility;
Have the right to review the manager's investment plan or plan, and check each investment project that accounts for more than 5% of the fund's net asset value at the beginning of the year;
Have the right to refuse to accept the investment or business conduct of the manager that does not comply with the provisions of this contract;
Have the right to entrust others to handle the affairs of the trustee at their own expense;
The Trustee is the nominal owner and equity representative of all the investors or beneficiary assets of the Fund, and the contract concluded with the Manager is binding on the above investors or beneficiaries.
Other rights as stipulated in this contract.
Article 13 Manager
1. The manager must perform the following duties:
Participate and be primarily responsible for the initiation of the Fund;
Analyze and study the relevant investment market trends or trends, and formulate a feasible investment plan or plan;
Organize professionals to independently invest and manage the assets of the Fund;
Authorized by the trustee to sign and perform all investment contracts or agreements on behalf of the Fund;
Regularly evaluate and publish the assets and units of the Fund;
Responsible for the listing and trading of the units that have been issued by the Fund;
Prepare and submit manager reports on a regular basis and report to the beneficiary conference;
Propose a profit distribution proposal and preliminary plan for each fiscal year;
Prepare, print and publish publicly available information about the Fund;
Other duties as stipulated in this contract.
2. The relevant obligations of the manager are as follows:
In an effort to achieve the Fund’s objectives as the highest goal of the conduct, to do our best, and to abide by the law;
Carefully select and decide on each investment project, pay attention to the superiority of diversified portfolio investment, and assume investment management responsibility for the Fund;
Pay attention to the trade secrets of the Fund, and must not be outward at any time.
The current and future investment plans, intentions and conditions of the Fund;
It is the responsibility to notify the trustee in a timely manner about the significant impact on the trustee of the Fund, and take the initiative to take corresponding measures; it is the responsibility to provide convenience for the trustee to access the relevant information such as investment and management of the Fund;
Responsible for the corresponding agency actions of its trustee or its staff.
3. The relevant interests of the manager are as follows:
The right to obtain the annual manager fee of the Fund and other reasonable compensation for the amount of the trustee of the fund, and the right to obtain reasonable compensation for the losses suffered by the non-manager in the investment and management activities of the Fund;
Have the right to obtain manager's performance bonus. The contract stipulates that the manager's performance bonus amount shall be extracted at a rate of 25% of the net asset value of the fund at the end of the year exceeding 25% of the net asset value at the beginning of the year, and shall be decomposed into monthly accruals according to the above principles. Specifically, it is based on the 25% of the excess portion of the fund's income realized in January of each year before the valuation date of the meeting, and is adjusted monthly, and the balance is adjusted according to the situation at the end of the year. . The formula is as follows:
Estimated amount = × 25%
Where: Vo represents the fund's net asset value at the beginning of the year;
Vn represents the net asset value of the month before the valuation date;
n represents the number of months of valuation.
Subject to the provisions of this contract, have the right to choose to decide on each investment or to take each management action;
During the duration of the Fund, the investment in the Fund's assets is fully managed and disposed of;
Other rights as stipulated in this contract.
Article 14 Disclaimer of Trustees and Managers
1. The Trust and the Manager shall not be liable for any of the following circumstances or consequences arising out of non-self-infringement or violation or breach of contract in the performance of their respective duties:
Accept any notice, resolution, order, letter, vouchers, statement, description, ticket, reorganization plan, or other document representing the right to sign, seal, and/or deliver to the trustee or manager in normal business dealings or Losses suffered by the Fund, Trustee or Manager, other investment archives that are believed to be genuine;
The action or consequences of a manager or trustee in accordance with current laws or policies or the requirements or requirements of the local government or the competent authority;
The relevant provisions of this contract cannot be or cannot be implemented due to objective conditions;
Any act of arbitrarily acting by any agent, custodian or broker appointed or entrusted by a non-trustee or manager;
Signature or seal on any equity certificate, transfer certificate, application form or other relevant written vouchers or files received, or signatures or seals that others have forged or have no right to do on the above certificates, or The action taken or the action taken by the signature or seal;
Any resolutions passed at the meeting of the beneficiary vote that have been credited to the minutes of the meeting signed by the President of the General Assembly;
由於下款所列的任何銀行業者、註冊會計師、律師、經紀人、代理人或其它有關人或經理人或信託人的任何失誤行為、忽略行為、判斷錯誤、遺忘、失慎等所造成的，可因信託人、經理人善意相信和信賴上述人的建議或信息而使本基金、信託人或經理人所遭致的任何損失。
2.信託人和經理人在履行本契約所規定職責過程中，可根據來自任何作為信託人或經理人的代理人或顧問的銀行業者、註冊會計師、律師、經紀人、代理人或其它人士以書信、電話、電傳、傳真形式傳達的任何建議或信息而採取投資或管理行為，且不為上述建議或信息中的失誤之外承擔責任。
3.除非本契約前面部分有相反明確規定，信託人和經理人應視為已獲得履行各自職責的充分授權，可自行決定或採取履行職責的方式方法，並對非自身故意或疏忽的作為或不作為而給本基金造成的任何資產損失、損壞或經營支出增加或經營困難不承擔任何責任。
4.信託人和經理人可：
接受其認為合格的任何人、機構或聯合組織所出具的據信足以證明本基金有關資產價值的或資產購入或售出價格的或資產上市價格的證明檔案；
依據任何行業／專業協會或官方機構內已形成的慣例和規律來進行投資或其它財產的買賣。
5.本契約不阻止經理人或信託人的下列行為：
除了本契約第三條第款規定之外，以自己的名義和資金購入、持有或處分本基金單位；
以自己的董事或屬下職員個人名義和資金購入、持有、售出或處分不構成本基金資產的任何投資項目或其它財產；
各自與其他人或與本基金資產的持有人或受益人締結經濟契約或進行經濟往來活動；
以經理人或信託人的名義再參與或合作創立一個與基金完全獨立的新的基金，且無需將從新基金獲得的任何收益交付給本基金。
6.信託人可：
對因其善意按照經理人的任何投資或經營要求所採取或不採取的行為或經理人所為或所不為的行為或因上述行為造成的損失不承擔任何責任；
除了根據本契約規定而由其從本基金資產中支付的項目外，信託人再無任何義務支付任何開支項目；
信託人無義務以本基金名義提起或參與其認為可能會造成由其承擔經濟支出或經濟責任的任何與本契約規定或本基金有關的法院起訴、庭審、或答辯活動。
7.經理人可：
如非出於在履行本契約規定的職責中本身故意或疏忽方面的原因，經理人對其按照本契約規定所為或所不為的行為及其結果不承擔任何法律責任；
除非本契約有明確規定，經理人對信託人所為或所不為的任何行動及其後果不承擔任何法律責任；
有權按照本契約的有關規定，將自己應承擔的全部或部分工作任務、享有的權利或可自行決定的事務交給信託人同意的第三人履行或實施。在此情況下，經理人仍有權全額享有本契約規定應支付給經理人的經理年費、業績獎金以及其它一切有關補償。
8.經理人或信託人有權銷毀歸自己保存的並已超過一定期限的本基金的有關會計帳簿、憑證及其它檔案資料。
9.本契約所明確規定的對信託人或經理人在履行職責中所遭受的經濟賠償均為補足性的，並不影響到法律規定或法院判決書、調解書或仲裁機構裁決書規定的其他人對信託人或經理人所作的賠償。
第十五條信託人或經理人的辭職或撤換
1.信託人或經理人可以根據自身的意願在本基金存續滿10年並繼續存續時辭去信託人或經理人的職務，但須按下列程式進行：
信託人或經理人在未指定新的信託人或經理人前不得自行退任。
信託人或經理人在欲辭時所選定的新信託人或經理人必須符合信託人或經理人的資格和能力要求，並應取得本契約另一方締約人的同意和受益人大會特別決議的批准。在此情況下，留任的本契約締約人應與新加入的締約人簽訂一份本契約的補充協定，以確認由新加入的締約人或繼任人取代欲退出的締約人的位置和履行其職責。
上述替換程式完成後，新舊締約人均應將上述情況儘快通知各受益人。
2.信託人或經理人在下列情況下可建議受益人大會表決並報經主管機關批准後，撤換經理人或信託人：
經理人或信託人本身非自願地被清盤；
經理人或信託人嚴重失職或嚴重違反現行法律或基金管理規定或本契約或本基金章程的規定；
信託人或經理人以充足理由相信並以書面形式指出從維護大多數受益人的利益考慮應撤換掉經理人或信託人；
代表本基金已發生單位總份額＿＿＿＿％或以上的受益人書面要求撤換經理人或信託人。在此情況下，如果被撤換的是經理人，則其所持有的基金單位份額全數由新的經理人按最近的估值日價格收購。
3.在上述替換或撤換程式中完成前，欲辭職或被撤換的經理人或信託人必須繼續履行本契約規定的有關職責，不得自行退任，否則應承擔由此而給本基金或另一方造成的經濟損失的賠償責任。
經理人或信託人的退任或被撤換日期通常應為新的經理人或信託人的上任日期。
Article 16 Settlement of disputes
1.本基金信託契約在履行過程中如在當事人之間出現意見分歧或爭端，首先應由爭執雙方通過友好和平等協商的方式解決爭端，如果無法解決，則將爭執情況向主管機關報告，由主管機關進行調解或裁決。任何不接受上述調解或裁決的爭執方均可向深圳市的人民法院提起民事訴訟。
2.解決上述爭端的準據法為中華人民共和國現行法規和有關地方性法規：上述法規未及之處，參照相應國際慣例。
第十七條本契約的修改或增補
1.本契約可以根據現行法規的變更或新法規的實施或地方性的新規定或主管機關的新要求或本基金受益人的提議或受益人大會的決議或運作形勢的需要而經信託人和經理人平等協商達成一致意見後予以修改。
2.本契約可因信託人或經理人一方的辭職或被撤換而由留任的一方與新的經理人或信託人平等協商達成一致意見後簽訂補充協定。
3.本契約的重大修改或任何補充協定均須經受益人大會通過並報主管機關批准方為有效，並構成本契約不可分割的組成部分。
第十八條本契約的生效及準據法
1.本契約經雙方締約人簽字蓋章並報主管機關批准後即行生效並具有相應法律效力，同時對本基金成立後的所有受益人均有約束力。
2.本契約一式六份，主管機關和公證處各留存一份。締約人各保存二份。每份均具同等效力。
3.本契約內容可印製成冊並對外公開發售或供投資人在有關場所免費查閱，但其效力應以本契約正本為準。
4.本契約的準據法為中華人民共和國的現行法規和地方性法律規定；對於上述法律或規定未及之處，應參照相應國際慣例。
First interpretation
Except as otherwise provided in other provisions of this contract, the following terms have the following meanings:
1. The Fund
Refers to the Blue Sky Fund established under this contract.
2. Units
Refers to the smallest aliquot representing a certain share of the Fund's assets.
3. People
Refers to the participants in the civil activities referred to in the General Principles of the Civil Law, including natural persons and legal persons.
4. Beneficiary
Refers to the holding of the unit shares issued by the Fund and the corresponding assets, the actual ownership of the assets, the distribution rights of the remaining assets, the voting rights of the beneficiary meeting, etc., and the commitments under this contract and the Fund’s Articles of Association and current regulations. Obligatory person.
5. Competent authority
Refers to the government agency that implements the administrative functions of the fund. This contract refers to the Shenzhen Special Economic Zone of the People's Bank of China.
6. Manager
According to the fund management regulations, as one of the main sponsors of the Fund and one of the contractors of this contract, the trustee entrusts the assets of the fund to be investment management activities. In this contract, it refers specifically to Shenzhen Blue Sky Fund Management Company or its successor.
7. Investment
Refers to the manager's funds to purchase any stocks, bonds, bank notes, commercial papers and other securities and their share of funds, or the use of funds for projects such as equity participation in the company to obtain corresponding benefits the behavior of.
8. Trustee
Refers to the fund management regulations, as one of the contractors of this contract, the person who keeps the basic assets in accordance with the provisions of this contract, in this contract refers to the Shenzhen Branch of the People's Construction Bank or its successor.
9. Fiscal year
Refers to the period from January 1 of the Gregorian calendar to December 31 of the current year.
10. Net asset value at the beginning of the year
Refers to the net asset value of the Fund on the first valuation date after the beginning of each fiscal year.
11. Beneficiary certificate
Refers to the securities issued to the beneficiary by the trustee and the manager in accordance with the fund management regulations for the purpose of raising funds of the fund. In this contract, the securities passbook approved by the competent authority is referred to.
12. Unit holder
Refers to the actual holder of each unit of the fund registered on the beneficiary's register, and refers to all beneficiaries of the Fund.
13. Beneficiary roster
Refers to the register of information on the name, address and share of the beneficiary of the Fund as described in Article 4 of this contract.
14. The registrant
Refers to the person or institution entrusted by the trustee to be responsible for the registration and custody of the beneficiary's roster. This contract refers specifically to the Shenzhen Securities Registration Company.
15. Trading day
Refers to any business day of a stock exchange or securities firm or bank with legal securities trading activities in the country.
16. Connected person
Refers to the following three types of people:
a person who directly or indirectly owns 30% or more of the total shares or voting rights of the manager or trustee;
a person controlled by a person referred to in the above-mentioned item;
A person who directly or indirectly owns 30% or more of the total shares or voting rights of the company by the manager or trustee.
17. Valuation
Refers to the activity of assessing the value of the relevant assets or claims of the Fund in accordance with Article 6 of this contract.
18. Valuation date
Refers to any trading day in which the manager calculates and publishes the net asset value in accordance with the provisions of this contract.
19. Initial issue fee
Refers to the initial issue fee referred to in Article 7 of this contract.
20. Manager's annual fee
Refers to the amount that the manager should be entitled to under Article 13(3) of this contract.
21. Net asset value
Refers to the value of assets owned or represented by a fund or a unit issued by the Fund in accordance with Article 6 of this contract.
22. Trust annual fee
Refers to the amount that the trustee should be entitled to in accordance with the provisions of Article 12 of this contract.
23. Auditor
Refers to a recognized professional body and its professionals who, in accordance with the provisions of this contract, are audited by the manager with the consent of the trustee.
24. General resolution
Refers to a resolution passed by a beneficiary meeting convened in accordance with Article 10 of this contract by 50% or more of the total number of votes.
25. Special resolution
Refers to the resolution of 75% or more of the total number of votes cast by the beneficiary meeting held in accordance with Article 10 of this contract.
26. Accounting Settlement Date
Refers to the December 31 of each year during the duration of the Fund as stipulated in this contract.
27. To be distributed income account
Refers to the account specified in this contract for the deposit of funds to be distributed.
28. Income Distribution Day
Refers to the transfer date of the income distribution of the annual meeting proposed by the trustee and determined by the beneficiary meeting after the end of each fiscal year of the current period of the fund, which may not exceed the three-month period after the accounting settlement date of the fiscal year.
29. Fund Management Regulations
Refers to the Blue Sky Fund Charter and its future revisions or additions.
30. Fund Management Regulations
Refers to the "Interim Provisions on the Administration of Shenzhen Investment Trusts".
31. Pricing Day
Refers to the most recent securities trading day or equity valuation date or real estate appraisal date before each valuation date of the Fund.
Article 2 The Fund
1. The name of the fund: Blue Sky Fund.
2. The scale of the issuance of the fund: The maximum issuance limit of the fund is 300 million units, the minimum issuance amount is 180 million units, and the denomination of each fund unit is RMB 壹 yuan. The Fund will not be listed and traded during the initial closure period, nor will it issue additional fund units. However, during the duration of the fund, the total amount of units may be increased and the amount of units held by the beneficiaries shall be increased accordingly to distribute the annual income.
3. The duration of the Fund: The Fund is a closed-end unit trust investment fund for the first three years since its establishment. It can be extended according to the resolution of the beneficiary meeting and approved by the competent authority before the expiration, or it can be converted into an open-ended investment fund. Or transfer to another investment fund initiated by the manager.
4. The assets of the Fund consist of the following components:
The proceeds from the sale of fund units;
The investment made by the above funds or the property formed by such investment;
Income from the sale or transfer of the above investment or property;
Value-added, premium and other non-operating income generated by the above investment or property in the process of existence;
Income from reinvestment of the proceeds;
Other miscellaneous income in addition to the above items.
5. The above assets of the Fund are held by the trustee in nominal terms according to the trust principle. All investors of the Fund are actual holders.
6. The trustee shall open and hold the above-mentioned assets in a separate account independent of its own assets or other assets; all external business activities of the Fund shall appear in the name of the Fund.
7. The trustee, manager or beneficiary shall not be entitled to lien, mortgage or other priority to the assets of the Fund in accordance with this contract.
8. The Fund may borrow funds in the form of cash or other assets at any time for investment and business operations; the balance of the Fund's borrowings shall not exceed the net asset value of the Fund at the beginning of the fiscal year.
The above borrowings of the Fund may be derived from trustees, managers or related parties, but such borrowing rates should generally not be higher than the usual interest rates of the current peers.
Article 3 Issuance, Beneficiary Certificates and Holders of the Units
1. The target of the sale of the unit, the issuance method and the issuance period shall be implemented in accordance with the prospectus approved by the competent authority.
2. The face value of each fund unit is RMB 壹 yuan, the selling price is RMB 壹 yuan, plus the initial issuance fee of 3% of the price of the sending and receiving.
3. The Units and Beneficiary Certificates are issued in the form of registered written vouchers. Each beneficiary certificate is 1000 Units.
4. The beneficiary certificate issued by the Fund is a proof that the unitholders have the ownership, beneficiary rights or other rights and interests of a certain share of the Fund and bear the corresponding obligations, and is not the evidence to guarantee the proceeds.
5. The manager shall subscribe and hold a 5% share of the total issued amount of the Unit, and shall not be lower than the original amount without the approval of the competent authority before the liquidation of the Fund.
6. The actual holder of the Unit is also the beneficiary of the Fund. The amount of equity of the Fund that each Benefard enjoys in accordance with the provisions of this contract is proportional to the size of the unit of the Unit held by the Beneficiary. However, any beneficiary will not enjoy special rights to a particular asset of the Fund.
7. The beneficiary of the Unit shall not redeem the Units held by the Fund during the closed period of the Fund.
8. If the fund's amount of units sold within the prescribed issuance period does not meet the minimum limit, the Fund cannot be established. At that time, the sponsor will add the amount raised to the current deposits as prescribed by the People's Bank of China. Interest calculated on the interest rate is refunded to the subscriber after deducting the corresponding issue fee.
Article 4 The list of beneficiaries and the transfer of units
1. Before the fund is not listed or open for operation, the beneficiary's roster is produced, registered, altered and saved by the manager in written or electronic form. After the listing, it can be submitted to the registrant. The contents of the beneficiary roster record are:
The name of the beneficiary and the bank account number or passbook number used to distribute the cash proceeds.
The share of the fund unit held by the beneficiary;
The date on which the beneficiary subscribes or receives the unit and the relevant information of the assignor;
The transfer date of the transfer of the fund unit.
2. If the beneficiary believes that the above records need to be changed, the manager or the registrant should submit an application for change, and the manager or registrant should review the relevant procedures and decide whether to make corresponding changes on the beneficiary's roster. .
3. The identification of the beneficiary's identity and the size of the unit share held by it shall generally be based on the record of the beneficiary's roster.
4. After the establishment of the fund for three years, in the case of an extended closure period, the Unit may apply for listing on the stock exchange.
The trading rules of the unit after listing are executed in accordance with the listed securities trading rules.
5. Any beneficiary has the right to transfer the fund unit under its name to others through the manager or its entrusted stock exchange or securities firm.
6. The transaction or transfer price of the above-mentioned fund units shall be determined according to the market price on the trading day, and the transferor and/or the transferee shall separately pay the stamp duty and handling fee prescribed by the competent authority.
7. The transferee in the above transfer must hold the transfer voucher to the manager or registrant to handle the transfer of the transferred fund unit before enjoying the share of the income distribution of the share fund unit.
Article 5 Investment objectives, investment scope and investment restrictions of the fund
1. As a new type of financial investment tool for the society, the Fund aims to invest the funds pooled by investors in different types of listed or unlisted stocks according to the changes in the market such as securities. On securities such as bonds, or on investment projects such as equity, real estate or futures of enterprises, in order to diversify and reduce investment risks and achieve greater appreciation of the capital of the Fund.
2. In the initial stage of the Fund, the securities investment will be based on the stocks and bonds listed and traded, and will be dominated by the markets of Shenzhen and Shanghai. In order to make better use of investment opportunities, the Fund can also participate in equity acquisitions of non-listed companies and cooperative development and operation of real estate.
3. The size or scope of the Fund's investment has the following restrictions:
The funds invested in the stock shall not exceed 80% of the net asset value of the fund at the beginning of the fiscal year, the proportion of investment in bonds shall not exceed 40%, the equity invested in non-listed companies shall not exceed 30%, and other investments such as real estate and futures shall not exceed 40%;
The total amount of stocks or any other securities invested in any listed company shall not exceed 10% of the value of the assets at the beginning of the fund; the amount invested in any listed company's stock or other securities shall not exceed the company's stock or securities issue. 10% of the total;
The Fund cannot invest in units or beneficiary certificates issued by other types of funds, and cannot provide guarantees for others with the assets of the Fund, and cannot invest in projects that bear unlimited liability;
The Fund cannot lend money abroad, but the funds waiting for the investment opportunity can be borrowed for short-term borrowing, and the loan balance cannot exceed 25% of the net asset value of the Fund at the beginning of the year;
The manager shall not invest the assets of the fund in the enterprise or project in which the manager's own shareholders own more than 30% of the shares without obtaining the written consent of the trustee.
4. In the following circumstances, if any investment in the Fund has exceeded the above investment limit, the manager is not required to adjust the investment amount;
1 When the investment exceeds the above limit due to the appreciation or depreciation of all or part of the assets of the Fund or due to certain market price changes;
2 When the investment amount exceeds the limit due to the merger, restructuring, separation, transfer, etc. of the invested enterprise;
3 Due to the fact that the Fund spends a certain amount of income or income in its business activities, the amount of this investment is limited.
5. The manager or his related person may not issue investment relationship with the Fund in his own name without the written consent of the trustee.
6. The interest rate of the cash deposits deposited by the Fund at the trustee or manager or related party shall not be lower than the interest rate of the interbank deposits of the current period.
7. The manager may, at any time, decide an investment project according to the operational needs or convert some or all of the investment projects at any time and then transfer the funds for other purposes.
8. All of the above investment activities shall be conducted in accordance with the usual trading methods of the market. Unless the manager considers it necessary to adopt other trading methods that are not unfavourable to the Fund, he must obtain the consent of the trustee.
9. The Trustee has the right to refuse to accept investment or other property that it believes does not comply with the provisions of this contract, and may require the Manager to take timely measures to replace the investment or property that does not comply with the provisions of this contract.
10. Managers can only carry out investment business activities after the establishment of the Fund and the written consent of the Trustee.
Article 6 Asset Valuation Rules
1. The first securities trading day of the fund after the listing of the fund is the valuation date of the fund's assets and units.
2. The valuation of the assets and units of the Fund follows the accounting standards of Shenzhen City, refers to international practices and complies with the relevant provisions of this contract.
3. The amount of the assets of the Fund shall be determined on the basis of the following criteria:
The value of any listed or listed securities investment project shall be calculated based on the closing price of the investment share equal to the investment market's valuation date, with the following exceptions:
1 If there is more than one investment market mentioned above, it is calculated based on the closing price of the main investment market;
2 If, for some reason, the price data cannot be obtained from the above investment market within a certain period of time, the valuation is based on the price of the previous valuation date or the valuation is suspended as needed;
3 If the investment project is subject to interest and the above price information does not include the accrued interest portion, the interest payable portion up to the valuation date shall be deducted in advance when calculating the investment project.
Note: If the price obtained by the manager following the above-mentioned methods and allegedly the latest information is inconsistent with the actual price, the manager is not responsible for the error.
Any unlisted bonds or short-term commercial papers are calculated based on the purchase cost plus the interest receivable from the next day from the purchase date to the date of the valuation.
The value of bank deposits and similar monetary assets shall be calculated on the basis of their face value plus interest receivable until the date of valuation.
The value of any investment or other property that requires a price agreement but has not yet been fulfilled, which is required to be delivered on a contractual basis, shall be calculated on the basis of the value that should be had after the investment or property rights have occurred.
Equity or other unliquidated investment items are calculated based on the original cost of the investment plus the amount of profit that should be available based on the expected profit value to the date of valuation.
The debts and debts receivable in addition to the above investment or property projects are calculated based on the amount to be recovered or payable up to the date of valuation.
All fees or other expenses to be amortized or withdrawn in the assets of the Fund shall be amortized at the end of the previous month minus the amortization period at the end of the previous month or added to the date of the accrual After that, the balance is included in the total assets of the Fund.
4. After the assets of the Fund are valued as described above, if the value of the asset is greater than the book value, the value-added portion is recorded as a revaluation surplus; if it is less than the book value, it is deducted from the revaluation surplus.
5. The balance of the total assets of the Fund calculated in the above manner after deducting the total liabilities of the Fund shall be the net asset value of the Fund on the valuation date.
The net value of the above assets is divided by the total number of units issued by the Fund, which is the net asset value of each unit.
6. The manager may, after the consent of the trustee, make appropriate adjustments to the valuation of the above investment projects or other assets, or adopt other valuation methods to truly reflect the actual value of the assets.
7. The unit's net asset value is published once a month in the Shenzhen Special Zone Daily or Shenzhen Commercial Daily.
Article 7 Fees of the Fund
1. The initial issuance fee, including the initiation fee, commission, underwriting fee, advertising and advertising materials, and the printing and distribution of archival materials, etc., the rate is calculated at 3% of the selling price of the fund unit, and the subscriber is subscribed to the fund unit. And pay.
2. The annual fee of the fund manager, whose rate is 1.2% of the net book value of the fund's annual assets, is accumulated day by day, and is directly paid by the trustee from the assets of the fund to the manager before the 10th of each month.
3. The fund trust annual fee, which is 0.3% of the net book value of the annual assets, accumulated day by day, and is directly drawn by the fund trustee from the fund assets before the 10th of each month.
4. The expenses incurred by the fund beneficiary roster registration fee, beneficiary certificate custody fee, listing transaction fee and distribution fund income shall be paid by the trustee from the trust assets to the manager registrant on time according to the standard of this contract or relevant regulations. Securities dealer or stock exchange.
5. Announcement or notification of the relevant matters of the Fund and the preparation of the annual report, quarterly report and other files and the fees payable by the lawyer, the auditor's fee, the notary fee, etc., shall be paid by the trustee from the fund according to the manager's designation or relevant contract and verification. Pay in assets.
6. In the course of investment and management operations, all expenses or interest expenses incurred in the external borrowing or property insurance shall be paid by the trustee from the assets of the Fund in accordance with the relevant contract.
7. All kinds of taxes and fees and local fees payable in the income from the investment or operation of the Fund shall be paid by the trustee from the assets of the Fund.
8. Temporary necessary expenses or regulations other than the above-mentioned items or contributions prescribed by the local government shall be paid by the trustee and then paid from the assets of the Fund according to the actual amount incurred;
9. The necessary expenses incurred by the manager or trustee in investing and managing the funds of the Fund shall be paid by the trustee from the assets of the Fund, but the daily administrative expenses of the manager and the trustee shall not be borne by the Fund.
Article 8 Accounting and Audit Report
1. The Fund has a separate account, independent accounting, and is responsible for its own profits and losses.
2. The accounting system of the Fund is implemented in accordance with the Shenzhen Special Economic Zone Accounting Standards; if the SAR accounting standards are not specified, it shall be implemented in accordance with international practice.
3. The manager shall submit the trust report for the quarter to the trustee within one month after the end of each quarter. The trustee shall disclose the interim financial report of the fund within one and a half months after the end of each half year, at the end of each fiscal year. Within the next three months, the annual financial report audited by the auditor will be submitted to the beneficiary conference.
4. The accounting books and asset keeping account books in the investment and management activities of the Fund are established and kept by the trustee; the manager is responsible for establishing and maintaining records of all investment or management activities of the Fund.
Managers and trustees should provide convenience for the other party to view and copy the books or records.
5. The storage period of all the above accounting documents or books or investment management records is five years after the end of the liquidation of the fund.
6. The auditor of the Fund shall be a professional accounting body and its professionals registered in Mainland China or Hong Kong and must be independent of the trustee, manager or connected person.
Article 9 Income Distribution
1. The total amount of income in the fiscal year realized by the Fund on each accounting settlement date refers to the total amount of any dividends, dividends, interest, profits and/or other types of income obtained during the investment operation of the Fund during the fiscal year. The income component is deducted from the balance of all investment operating costs and taxable amount, local fees and other expenses that should be spent in the current year.
2. The balance of the above-mentioned total annual income of the Fund after deducting the portion of the performance bonus that is prescribed or may be withdrawn by the manager is the total distributable income for the fiscal year.
3. The total amount of distributable income and the distribution method of the current year are determined by the trustee and passed by the beneficiary assembly. The total amount of the unit's distributable income is calculated according to the total amount of the unit, and is recorded according to the income distribution date. The list of beneficiaries is directly transferred by the manager or registrant into the bank account in which each beneficiary is registered on the beneficiary's register in cash, or the beneficiary certificate is sent to the beneficiary in the form of a bonus unit. Under normal circumstances, the Fund's annual income distribution is in the form of a dividend unit.
4. The Fund distributes income once a year, usually within 3 months after the end of each fiscal year, and generally does not carry out medium-term allocation; if the total amount of income in the fiscal year is less than 5% of the net asset value of the Fund at the beginning of the year, or For income, no income distribution will be made during the year.
5. The interest income that can be calculated from the above-mentioned annual income deposited in the income account to be distributed shall be transferred to the amount of distributable income in the next fiscal year, but no interest will be accrued during the distribution process after the income distribution date of the year. .
6. If, for the beneficiary's own reasons, the trustee or manager or registrant cannot timely distribute the proceeds that should be allocated to the benefit within a certain period of time, the beneficiary is deemed to have waived the beneficial right of the above-mentioned income. And after the above period, there is no right to claim compensation from the trustee or manager. Under the above circumstances, the above undistributed income shall form part of the fund's assets.
Article 10 Beneficiary Conference and Resolutions
1. The beneficiary conference shall be convened at least once a year, usually within 2 months after the end of the fiscal year, or temporarily after the written proposal of the beneficiary representing 10% or more of the total unit share of the fund.
2. A beneficiary who holds or represents a certain share of the Unit has the right to attend the meeting. The beneficiary who is less than the above share may entrust other authorized participants to express their opinions or vote on their behalf, the directors of the manager and the trustee and are authorized. Senior staff can attend the conference.
3. The time, place, attendance qualifications and conference topics convened by the conference shall be notified by the trustee at least 20 days in advance by placing an announcement and sending a letter on the Shenzhen Special Zone Daily or Shenzhen Commercial Daily. people. Any beneficiary who has not seen or received the above notice for any reason does not affect the binding force of the resolution of the conference.
4. The General Assembly shall have a beneficiary holding or representing 30% or more of the total shares of the Unit or its principal to attend and formally convene and may discuss and vote on the general resolution; if a special resolution is to be discussed and voted on; The unit share of the fund represented shall be 50% or more of the total amount of the issue.
5. If the meeting has passed the ten-minute meeting and the attendee's share of the fund unit does not meet the requirements of the preceding paragraph, the meeting must be postponed after 15 days. The time and place will be decided by the chairman of the meeting or the trustee. Inform the beneficiary as described above. The General Assembly, which is postponed, does not make any request for the share of the units held or represented by the attendees, and may discuss and vote on all the original proposals.
6. The chairman of the meeting shall be appointed in writing by the trustee in advance; if the chairman of the meeting is not appointed or has been designated by the trustee for more than 15 minutes, an attendee shall be elected as the chairman of the meeting on the spot.
7. Unless the President of the General Assembly decides to vote by one vote per unit based on the need of voting or on the proposal of an attendee representing 10% or more of the total share of the Fund’s issuer, the resolution of the General Assembly shall generally vote for each attendee. The voting method is carried out.
8. The adoption or rejection of a general resolution shall be valid if 50% or more of the total voting rights of the above-mentioned attendees are endorsed or opposed. The adoption or rejection of a special resolution shall be valid if the above-mentioned total voting share of the attendees is 75% or more.
Any resolution passed by the General Assembly is binding on all beneficiaries, managers and trustees.
9. The minutes of the meeting of the General Assembly shall record in detail the time, place, attendance list, issues and resolutions of the meeting and resolutions adopted or rejected by the meeting, signed by the President of the General Assembly. The original minutes of the meeting will be kept by the trustee and the copy will be kept by the manager.
10. The following matters are subject to discussion and voting by the General Assembly as a special resolution:
Amend or add to the Articles of Association of the Fund;
Amend or add to this contract;
The income distribution proposal for the fiscal year has ended;
Proposal to extend or convert the duration of the Fund into an open-end fund;
The liquidation of the fund or the liquidation in advance;
Resignation or removal of a manager or trustee;
Other major issues related to the Fund.
The special resolution adopted above shall be subject to the approval of the competent authority if necessary.
Article 11 Liquidation of the completion of the Fund
1. When the Fund is not extended at the expiration of the closure period or the expiration of the extended closure period, or when the beneficiary conference decides not to convert to another investment fund, or during the open operation, the beneficiary conference decides to terminate the Fund The Fund shall be closed upon approval by the competent authority.
2. In the event of one of the following circumstances, the Fund may complete the business in advance by resolution of the beneficiary meeting and approval by the competent authority:
Due to changes in current regulations or implementation of new regulations, the Fund cannot continue to exist or operate legally;
If the manager retire or be replaced for any reason, there is no new manager to succeed within 2 months;
When the trustee retirees or is replaced for any reason, there is no new trustee to succeed within 2 months;
When the Fund is unable to operate normally for more than two months due to force majeure;
The fund's net asset value has fallen to more than 70% of the total value of the issued fund units for more than six consecutive months.
3. The trustee, manager or beneficiary representing 50% or more of the total issued units of the Fund has the right to submit in writing the proposal for the completion of the fund's early completion.
4. After the completion of the fund is approved by the competent authority, the trustee shall, as soon as possible, pass the fund's closing date and the fund's transfer deadline as the beneficiary by means of an announcement or letter, and the trustee shall be responsible for organizing the fund clearing team. The manager shall not make any new investment after the fund decides to complete the business, and the unit of the fund stops the transfer.
5. The members of the Fund's liquidation team shall include trustees, managers, certified public accountants or auditors, and legal counsel.
6. The duties of the Fund Clearing Team are:
Clean up, verify and maintain all assets of the Fund;
Clean up the outstanding debts and debts of the Fund;
Assets that are not in cash form are realized as soon as practicable.
Submitting the distribution plan of the fund's balance assets to the competent authority and being responsible for the implementation of the plan after approval;
Responsible for other matters in the course of the fund's completion.
7. The Fund's liquidation team and its trustee are entitled to reasonable remuneration in the performance of the above duties, and the remuneration may be preferentially compensated from the balance assets of the Fund upon approval by the competent authority.
8. The part of the beneficiary that has not been received after the distribution of the balance assets of the Fund mentioned above has reached a certain period shall be submitted to the competent authority for handling.
Article 12 Trustee
1. The trustee must perform the following duties:
Assist the manager to launch the fund;
Equipped with full-time staff to take good care of the assets of the Fund;
Establish a separate account for the assets of the Fund and distinguish it from its own assets or other assets for registration and accounting;
Establish and maintain a list of beneficiaries of the unit, convene the beneficiary conference and be responsible for the distribution of income;
Responsible for the settlement, liquidation and transfer of the Fund's securities transactions and responsible for the investment and liquidation of equity and other projects;
Supervising the supervisor to perform his duties and supervise his investment management activities in accordance with the provisions of this contract and the Fund's articles of association;
Confirm that the manager does not violate the investment behavior stipulated in this contract in the performance of his duties, and then handles the financial procedures related to income and expenditure according to his instructions;
Review and disclose the financial report and other public files of the Fund;
This contract or other duties as stipulated in the Fund's Articles of Association.
2. The relevant obligations of the trustee are as follows:
Acting as a code of conduct to safeguard the interests of all investors or beneficiaries, and to abide by the law;
Responsible for the custody and supervision of the assets of the Fund it is entrusted to;
Pay attention to keeping the Fund's commercial confidentiality, no time to go outside
Leakage of the Fund's current and future investment plans, intentions and conditions;
Have no right to interfere or not execute the investment decision of the manager that does not violate the provisions of this contract, otherwise it shall be liable for the losses suffered by the fund or manager;
It is the responsibility to notify the manager of the significant impact on the fund or manager in a timely manner, and actively assist the manager to take corresponding measures. It is responsible for providing convenience for the manager to check the assets and beneficiaries of the Fund.
3. The rights of the trustee:
Have the right to obtain the annual fee of the Trust of the Fund and other reasonable compensation for the financial losses caused by the fund or the manager's advance or the non-self-responsibility;
Have the right to review the manager's investment plan or plan, and check each investment project that accounts for more than 5% of the fund's net asset value at the beginning of the year;
Have the right to refuse to accept the investment or business conduct of the manager that does not comply with the provisions of this contract;
Have the right to entrust others to handle the affairs of the trustee at their own expense;
The Trustee is the nominal owner and equity representative of all the investors or beneficiary assets of the Fund, and the contract concluded with the Manager is binding on the above investors or beneficiaries.
Other rights as stipulated in this contract.
Article 13 Manager
1. The manager must perform the following duties:
Participate and be primarily responsible for the initiation of the Fund;
Analyze and study the relevant investment market trends or trends, and formulate a feasible investment plan or plan;
Organize professionals to independently invest and manage the assets of the Fund;
Authorized by the trustee to sign and perform all investment contracts or agreements on behalf of the Fund;
Regularly evaluate and publish the assets and units of the Fund;
Responsible for the listing and trading of the units that have been issued by the Fund;
Prepare and submit manager reports on a regular basis and report to the beneficiary conference;
Propose a profit distribution proposal and preliminary plan for each fiscal year;
Prepare, print and publish publicly available information about the Fund;
Other duties as stipulated in this contract.
2. The relevant obligations of the manager are as follows:
In an effort to achieve the Fund’s objectives as the highest goal of the conduct, to do our best, and to abide by the law;
Carefully select and decide on each investment project, pay attention to the superiority of diversified portfolio investment, and assume investment management responsibility for the Fund;
Pay attention to the trade secrets of the Fund, and must not be outward at any time.
The current and future investment plans, intentions and conditions of the Fund;
It is the responsibility to notify the trustee in a timely manner about the significant impact on the trustee of the Fund, and take the initiative to take corresponding measures; it is the responsibility to provide convenience for the trustee to access the relevant information such as investment and management of the Fund;
Responsible for the corresponding agency actions of its trustee or its staff.
3. The relevant interests of the manager are as follows:
The right to obtain the annual manager fee of the Fund and other reasonable compensation for the amount of the trustee of the fund, and the right to obtain reasonable compensation for the losses suffered by the non-manager in the investment and management activities of the Fund;
Have the right to obtain manager's performance bonus. The contract stipulates that the manager's performance bonus amount shall be extracted at a rate of 25% of the net asset value of the fund at the end of the year exceeding 25% of the net asset value at the beginning of the year, and shall be decomposed into monthly accruals according to the above principles. Specifically, it is based on the 25% of the excess portion of the fund's income realized in January of each year before the valuation date of the meeting, and is adjusted monthly, and the balance is adjusted according to the situation at the end of the year. . The formula is as follows:
Estimated amount = × 25%
Where: Vo represents the fund's net asset value at the beginning of the year;
Vn represents the net asset value of the month before the valuation date;
n represents the number of months of valuation.
Subject to the provisions of this contract, have the right to choose to decide on each investment or to take each management action;
During the duration of the Fund, the investment in the Fund's assets is fully managed and disposed of;
Other rights as stipulated in this contract.
Article 14 Disclaimer of Trustees and Managers
1. The Trust and the Manager shall not be liable for any of the following circumstances or consequences arising out of non-self-infringement or violation or breach of contract in the performance of their respective duties:
Accept any notice, resolution, order, letter, vouchers, statement, description, ticket, reorganization plan, or other document representing the right to sign, seal, and/or deliver to the trustee or manager in normal business dealings or Losses suffered by the Fund, Trustee or Manager, other investment archives that are believed to be genuine;
The action or consequences of a manager or trustee in accordance with current laws or policies or the requirements or requirements of the local government or the competent authority;
The relevant provisions of this contract cannot be or cannot be implemented due to objective conditions;
Any act of arbitrarily acting by any agent, custodian or broker appointed or entrusted by a non-trustee or manager;
Signature or seal on any equity certificate, transfer certificate, application form or other relevant written vouchers or files received, or signatures or seals that others have forged or have no right to do on the above certificates, or The action taken or the action taken by the signature or seal;
Any resolutions passed at the meeting of the beneficiary vote that have been credited to the minutes of the meeting signed by the President of the General Assembly;
由於下款所列的任何銀行業者、註冊會計師、律師、經紀人、代理人或其它有關人或經理人或信託人的任何失誤行為、忽略行為、判斷錯誤、遺忘、失慎等所造成的，可因信託人、經理人善意相信和信賴上述人的建議或信息而使本基金、信託人或經理人所遭致的任何損失。
2.信託人和經理人在履行本契約所規定職責過程中，可根據來自任何作為信託人或經理人的代理人或顧問的銀行業者、註冊會計師、律師、經紀人、代理人或其它人士以書信、電話、電傳、傳真形式傳達的任何建議或信息而採取投資或管理行為，且不為上述建議或信息中的失誤之外承擔責任。
3.除非本契約前面部分有相反明確規定，信託人和經理人應視為已獲得履行各自職責的充分授權，可自行決定或採取履行職責的方式方法，並對非自身故意或疏忽的作為或不作為而給本基金造成的任何資產損失、損壞或經營支出增加或經營困難不承擔任何責任。
4.信託人和經理人可：
接受其認為合格的任何人、機構或聯合組織所出具的據信足以證明本基金有關資產價值的或資產購入或售出價格的或資產上市價格的證明檔案；
依據任何行業／專業協會或官方機構內已形成的慣例和規律來進行投資或其它財產的買賣。
5.本契約不阻止經理人或信託人的下列行為：
除了本契約第三條第款規定之外，以自己的名義和資金購入、持有或處分本基金單位；
以自己的董事或屬下職員個人名義和資金購入、持有、售出或處分不構成本基金資產的任何投資項目或其它財產；
各自與其他人或與本基金資產的持有人或受益人締結經濟契約或進行經濟往來活動；
以經理人或信託人的名義再參與或合作創立一個與基金完全獨立的新的基金，且無需將從新基金獲得的任何收益交付給本基金。
6.信託人可：
對因其善意按照經理人的任何投資或經營要求所採取或不採取的行為或經理人所為或所不為的行為或因上述行為造成的損失不承擔任何責任；
除了根據本契約規定而由其從本基金資產中支付的項目外，信託人再無任何義務支付任何開支項目；
信託人無義務以本基金名義提起或參與其認為可能會造成由其承擔經濟支出或經濟責任的任何與本契約規定或本基金有關的法院起訴、庭審、或答辯活動。
7.經理人可：
如非出於在履行本契約規定的職責中本身故意或疏忽方面的原因，經理人對其按照本契約規定所為或所不為的行為及其結果不承擔任何法律責任；
除非本契約有明確規定，經理人對信託人所為或所不為的任何行動及其後果不承擔任何法律責任；
有權按照本契約的有關規定，將自己應承擔的全部或部分工作任務、享有的權利或可自行決定的事務交給信託人同意的第三人履行或實施。在此情況下，經理人仍有權全額享有本契約規定應支付給經理人的經理年費、業績獎金以及其它一切有關補償。
8.經理人或信託人有權銷毀歸自己保存的並已超過一定期限的本基金的有關會計帳簿、憑證及其它檔案資料。
9.本契約所明確規定的對信託人或經理人在履行職責中所遭受的經濟賠償均為補足性的，並不影響到法律規定或法院判決書、調解書或仲裁機構裁決書規定的其他人對信託人或經理人所作的賠償。
第十五條信託人或經理人的辭職或撤換
1.信託人或經理人可以根據自身的意願在本基金存續滿10年並繼續存續時辭去信託人或經理人的職務，但須按下列程式進行：
信託人或經理人在未指定新的信託人或經理人前不得自行退任。
信託人或經理人在欲辭時所選定的新信託人或經理人必須符合信託人或經理人的資格和能力要求，並應取得本契約另一方締約人的同意和受益人大會特別決議的批准。在此情況下，留任的本契約締約人應與新加入的締約人簽訂一份本契約的補充協定，以確認由新加入的締約人或繼任人取代欲退出的締約人的位置和履行其職責。
上述替換程式完成後，新舊締約人均應將上述情況儘快通知各受益人。
2.信託人或經理人在下列情況下可建議受益人大會表決並報經主管機關批准後，撤換經理人或信託人：
經理人或信託人本身非自願地被清盤；
經理人或信託人嚴重失職或嚴重違反現行法律或基金管理規定或本契約或本基金章程的規定；
信託人或經理人以充足理由相信並以書面形式指出從維護大多數受益人的利益考慮應撤換掉經理人或信託人；
代表本基金已發生單位總份額＿＿＿＿％或以上的受益人書面要求撤換經理人或信託人。在此情況下，如果被撤換的是經理人，則其所持有的基金單位份額全數由新的經理人按最近的估值日價格收購。
3.在上述替換或撤換程式中完成前，欲辭職或被撤換的經理人或信託人必須繼續履行本契約規定的有關職責，不得自行退任，否則應承擔由此而給本基金或另一方造成的經濟損失的賠償責任。
經理人或信託人的退任或被撤換日期通常應為新的經理人或信託人的上任日期。
Article 16 Settlement of disputes
1.本基金信託契約在履行過程中如在當事人之間出現意見分歧或爭端，首先應由爭執雙方通過友好和平等協商的方式解決爭端，如果無法解決，則將爭執情況向主管機關報告，由主管機關進行調解或裁決。任何不接受上述調解或裁決的爭執方均可向深圳市的人民法院提起民事訴訟。
2.解決上述爭端的準據法為中華人民共和國現行法規和有關地方性法規：上述法規未及之處，參照相應國際慣例。
第十七條本契約的修改或增補
1.本契約可以根據現行法規的變更或新法規的實施或地方性的新規定或主管機關的新要求或本基金受益人的提議或受益人大會的決議或運作形勢的需要而經信託人和經理人平等協商達成一致意見後予以修改。
2.本契約可因信託人或經理人一方的辭職或被撤換而由留任的一方與新的經理人或信託人平等協商達成一致意見後簽訂補充協定。
3.本契約的重大修改或任何補充協定均須經受益人大會通過並報主管機關批准方為有效，並構成本契約不可分割的組成部分。
第十八條本契約的生效及準據法
1.本契約經雙方締約人簽字蓋章並報主管機關批准後即行生效並具有相應法律效力，同時對本基金成立後的所有受益人均有約束力。
2.本契約一式六份，主管機關和公證處各留存一份。締約人各保存二份。每份均具同等效力。
3.本契約內容可印製成冊並對外公開發售或供投資人在有關場所免費查閱，但其效力應以本契約正本為準。
4.本契約的準據法為中華人民共和國的現行法規和地方性法律規定；對於上述法律或規定未及之處，應參照相應國際慣例。
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