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Article 57 A fund manager shall employ the method of portfolio when using the fund property to make securities investment.
The specific mode of portfolio and the investment proportions shall be stipulated in the fund contract pursuant to the provisions hereof and those provided for by the securities regulatory department under the State Council.
Article 58 Fund property shall be used for the investment of:
- Listed stocks and bonds; and
- Other securities types provided for by the securities regulatory department under the State Council.
Article 59 Fund property may not be used in the following investments or activities:
- Underwriting of securities;
- Providing loans or guarantees to others;
- Engaging in investment with unlimited liability;
- Trading other fund shares, unless the State Council has otherwise provisions;
- Making capital contribution to the fund manager and fund trustee of the property or trading the stocks or bonds issued by the said fund manager and fund trustee;
- Trading the securities issued by or the securities underwritten within the underwriting period by the shareholders holding controlling position in the fund manager and fund trustee of the property or by the companies with other significant interest relationships with the said fund manager and fund trustee;
- Insider dealing, manipulating the securities price or other wrongful securities dealings;
- Other activities prohibited by the securities regulatory department under the State Council pursuant to the laws and administrative regulations.
Article 60 The fund manager and fund trustee and other personnel with the obligation of information disclosure shall disclose the fund information according to law and shall ensure the truthfulness, correctness and completeness of the information disclosed.
Article 61 The parties obliged to disclose fund information shall ensure the information that should be disclosed is disclosed within the period of time prescribed by the securities regulatory department under the State Council, and ensure that the investors may consult or copy the disclosed information pursuant to the time and method stipulated in the fund contract.
Article 62 The fund information that should be disclosed to the public includes:
- Prospectuses, fund contracts, and fund trusteeship agreements;
- Fund raising information;
- Public announcements of listing of the fund shares;
- Net value of the fund assets and fund shares;
- Prices for subscription and redemption of fund shares;
- Portfolio quarterly reports of fund property, financial accounting reports and the midterm and annual fund reports;
- Interim reports;
- Resolutions of the fund share holders'meeting;
- Significant personnel movements in the specialized fund trust department of the fund manager and fund trustee;
- Litigations involving the fund manager, fund property and fund trust business; and
- Other information that should be disclosed as provided for the securities regulatory department under the State Council pursuant to the relevant provisions of the laws and administrative regulations.
Article 63 The accounting firms and legal firms issuing auditing reports or letters of legal opinions with respect to the fund information disclosed to the public shall guarantee the truthfulness, correctness and completeness of the documents they issued.
Article 64 The following acts are not allowed in the public disclosure of fund information:
- Making falsified records, misleading statements or significant omissions;
- Making prediction of the securities investment performance;
- Promising gaining of benefits or assuming of losses in violation of rules;
- Defaming other fund managers, fund trustees or institutions offering fund shares; or
- Other acts prohibited as provided for by the securities regulatory department under the State Council pursuant to the relevant provisions of the laws and administrative regulations.
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