Requirements in the private fund management activities of of the fund management company in Vietnam

Requirements in the private fund management activities of of the fund management company in Vietnam
Nguyen Trinh

This is a notable content of the Circular No. 98/2020/TT-BTC of the Ministry of Finance of Vietnam providing guidance on operation and management of securities investment funds.

According to Clause 5 Article 5 of the Circular No. 98/2020/TT-BTC of the Ministry of Finance of Vietnam, when managing a private fund, the fund management company shall:

- Not use the fund’s capital and assets to make investments in that fund;

- Not use the fund’s capital and assets to provide loans or loan guarantees; not underwrite the offering of securities;

- Invest in public fund certificates and shares of public securities investment companies managed by other fund management companies, but ensure the following limits:

+ Not invest in more than 10% of total outstanding fund certificates of a public fund or total outstanding shares of a public securities investment company;

+ Not invest more than 20% of total value of its assets in fund certificates of a public fund or shares of a public securities investment company;

+ Not invest more than 30% of total value of its assets in public fund certificates or shares of public securities investment companies.

- …

More details at the Circular No. 98/2020/TT-BTC of the Ministry of Finance of Vietnam, effective from January 01, 2021.

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