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Research on Legal Orientation and Regulation of Private Placement Funds

Author: QinPeng
Tutor: WangGuangJin
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: private placement funds investment funds legal orientation legal regulation
CLC: F832.51
Type: Master's thesis
Year: 2010
Downloads: 139
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Abstract


The paper, which consists of six parts, expounds the problems of what private placement funds is and how to regulate it from the point of view of the law.The first part is the general description. In this part, the author firstly expatriates the writing background of the paper, explaining that the understanding of private placement funds law is still in a state of disorder at present. Secondly, the author introduces the native research production of private placement funds and the research methods used in this paper, illuminating the current research situation and the research basis of the paper. Lastly, the author introduces the innovation ideas of the paper and expatriates the original ideas towards the issue.Part II touches upon the generic category of private placement funds---funds and investment funds. Firstly, by explaining the terms, the paper reveals that the nature of the funds is an aggregate of a sort of special property; the nature of the fund system is the one for property trust which is used for specific use. The classification of funds is also introduced in the part. Then, by discrimination of present investment fund theories, it reveals that the nature of the investment funds is an aggregate of assets which is used for certain investment purpose; the nature of the investment fund system is the one for financing on behalf of somebody. The classification of the investment funds is also introduced here.By contrasting with the foreign legalizations in this field and analyzing the deficiencies of the present theories about defining private placement funds, partⅢputs forward the fact that private placement funds is not a legal concept in nature on the basis of the description in partⅡ, but an aggregate of specific asserts which is collected in a private way and is used for specific investment purpose. In nature, the private placement system belongs to the commercial law system which manages money on behalf of somebody privately. It is regulated by the purer private law and corresponds to many law systems, not only one.PartⅣanalyzes the different corresponding law systems to private placement funds in detail and indicates that there are many forms of private placement funds in China. According to the organization types based on different legal relationships, the paper divides private placement funds into three types: Bond Funds, Partnership Funds and Corporate Funds.PartⅤmakes a choice among the legal regulation types of private placement funds based on the analysis done before. First, it reviews the legislations of many foreign countries and areas and summarizes the aspects which can be referred to in the future. Second, it introduces the varied choices of the legal regulation types reflected in the legislative practices in China. Moreover, it explains the reasons for claiming to legislate private placement funds law singly and analyzes the deficiencies of this type, concluding that private placement funds couldn’t be legislated singly. Also, it summarizes the regulations of private placement funds from our present laws at length.Lastly, in the partⅥthe author summarizes the innovative ideas of the orientation and regulation of private placement funds.

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CLC: > Economic > Fiscal, monetary > Finance, banking > China's financial,banking > Financial market
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