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Studies on the Raising Issues of the Legal System of Venture Capital Fund

Author: ChenZuo
Tutor: WuHong
School: East China University of Political Science
Course: Economic Law
Keywords: Venture capital fund private placement organization form investor source of venture capital
CLC: D922.28
Type: Master's thesis
Year: 2009
Downloads: 60
Quote: 0
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Abstract


This paper has developed a preliminary discussion on the raising issues of the legal system of venture capital fund in China. It includes four chapters:In Chapter 1,this paper summarizes the relevant issues of venture capital fund. Firstly, it simply introduces the definition of venture capital and venture capital fund, and makes a general comparison between venture capital fund and scurities investment fund. Secondly, it describes the raising mechanism of venture capital fund. Combining with the particularity of venture capital, it makes a conclusion that the raising of venture capital fund should be mainly private placement. At last, it analyzes different organization forms of venture capital fund and their raising in China.In Chapter 2,this paper mainly analyzes the current legal system of venture capital fund raising and the existed legal issues in China. Based on organizational system, private placement and the investor of venture capital fund in China, it summarizes relevant legal rules. Among them, the legal rules of venture capital fund raising describe the different rules of private offering in corporation system, limited partnership and trust-type of venture capital fund. Relating to the investor, it analyzes the rules and the present state of venture capital based on the existing legislation which should be followed by insurance companies, social security fund, enterprise annuity fund, commercial banks and policy banks which act as the main investors of venture capital around the world. Besides, it also describes the existed legal issues of current venture capital fund raising in China.In Chapter 3,it mainly studies the legal rules and the practice of the venture capital fund raising in USA. In this chapter, it studies the legal rules and practice of the venture capital fund raising based on the raising of venture capital, the organizational forms of venture capital institutions, investor and relevant auxiliary policies and measures, in order to inspect the system foundation behind the prosperous of the venture capital market in USA and to use for reference in development of venture capital industry in China.In Chapter 4,under the previous discussion and starting from the organizational system of venture capital fund, fund raising styles, capital source and relevant policy support, it discusses the issues about how to complete the legal system of the venture capital fund raising. The current raising rules of venture capital fund should be integrated and unified in order to solve the disorder of private equity fund including venture capital fund. Firstly, the supporting mechanism and legal rules of the establishment and raising of venture capital fund in various organizational forms should be completed. Secondly, the long-existed legislation gap of private placement should be solved by completed publication rules. Thirdly, the raising channels of venture capital fund should be broadened and the relevant legal system should be modified and completed in order to promote the pluralism of venture capital. At last, the relevant supporting policies of government should be completed based on the premise that venture capital is a way of market-oriented investment.

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CLC: > Political, legal > Legal > Chinese law > Financial Law
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