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Article 70 A fund share holder enjoys the following rights:
- Sharing the proceeds of the fund property;
- Being entitled to distribution of the residual fund property after liquidation;
- Transferring or applying for redemption of the fund shares he holds according to law;
- Requiring the convening of the fund share holders'' meeting pursuant to the provisions;
- Exercising the right of voting with respect to the matters deliberated at the fund share holders' meeting;
- Consulting or duplicating the fund information and materials disclosed to the public;
- Bringing lawsuits against the fund manager, fund trustee or fund share offering agency whose acts have impaired his legitimate rights and interests; and
- Other rights stipulated in the fund contract.
Article 71 The following matters shall be deliberated and decided by the fund share holders'' meeting:
- Terminating the fund contract prior to the due date;
- Raising more capital for the fund or extending the valid term of the fund contract;
- Changing the method of fund operation;
- Raising the remuneration standards of the fund manager and fund trustee;
- Changing the fund manager or fund trustee;
- Other matters stipulated in the fund contract.
Article 72 The fund share holders'meeting shall be convened by the fund manager; where the fund manager fails or is unable to convene the meeting pursuant to the provisions, the fund trustee shall convene the meeting.
Where the fund share holders that represent more than 10% of the fund shares require the convening of the fund share holders'meeting with respect to an identical matter, but neither the fund manager nor the fund trustee is able to convene the meeting, the fund share holders that represent more than 10% of the fund shares shall have the right to convene the meeting by themselves and report to the securities regulatory department under the State Council for archival purposes.
Article 73 To convene the fund share holders'' meeting, the convener shall make a public announcement in respect of the time and form of the meeting, the matters to be deliberated, the rules of procedures, and the voting method, etc., at least 30 days prior to the convening of the meeting.
The fund share holders'' meeting may not hold a voting on any matters that have not been publicly announced.
Article 74 The fund share holders'' meeting may be held with the presence of the fund shareholders in person or by held through communication, etc.
One voting right is attached to each fund share, and a fund share holder may entrust an agent to attend the fund share holders'' meeting and exercise the voting right.
Article 75 The fund share holders'' meeting may be held only when it is constituted by a quorum of the fund share holders representing more than 50% of the fund shares; any decision to be made on a deliberated matter shall be subject to more than 50% of the voting rights held by fund share holders attending the meeting; however, the decision to alter the fund operation method, to change the fund manager or fund trustee, or to terminate the fund contract prior to the due date shall be subject to more than two thirds of the voting rights held by the fund share holders attending the meeting.
The matters decided by the fund share holders'' meeting shall be reported to the securities regulatory department under the State Council for ratification or for archival purposes, and a public announcement shall be made. |