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Legal Research on Limited Paternership Private Equity Fund

Author: FanYanQiong
Tutor: TanLiRong
School: Southwestern University of Finance and Economics
Course: Economic Law
Keywords: Limited partnership Private Equity Fund Incentive and restraint mechanisms Partnership agreement Operational risks
CLC: D922.287
Type: Master's thesis
Year: 2009
Downloads: 245
Quote: 2
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Abstract


Optimal development model for private equity funds, and actively explore major significance in the context of excess liquidity, the rapid economic development of the market imbalance. June 1, 2007, \The private equity fund model has three: corporate system, trust the system and the limited partnership. China is a long time to implement a corporate system has greatly hindered the development of private equity funds. After decades of development and flourish in private equity funds, limited partnership has become its main organizational models. Therefore, I chose limited partnership produced the objects of their study has important theoretical and practical significance for improving the efficiency of the operation of private equity funds, promote private equity funds in the health of our nation, flourishing. The first chapter is an introduction, including the research background and the value of research ideas and methods, three - of the literature review. The second chapter is a limited partnership private equity fund system connotation of its evolution. First, the determination of the concept of limited partnership private equity fund, and to explain the theoretical basis; then analyzes the development and evolution of the limited partnership private equity fund; limited partnership not only with the corporate system and the trust system is compared, and empirical analysis Shanghai's first partnership and private equity funds - Guoshun funds and grand entertainment as a sample, summarized the institutional advantages of the limited partnership private equity fund. The third chapter is the risk of the operation of the legal issues in the private equity fund limited partnership Analysis. This chapter begins from both internal and external analysis of the risk of the operation of the limited partnership private equity fund, and analysis from the following five dimensions to its existing legal issues: the absence of laws and regulations, the dominant position is not clear; imbalance in interest distribution mechanism, incentive and restraint mechanisms not obvious; lack of refinement supporting regulatory measures; operation process is not standardized; unlimited joint and several liability can not be implemented, the creditors' interests are not protected. Chapter understanding on the basis of the limited partnership system, the analysis of foreign advanced experience of its system to reflect on and learn from the perspective of American Law. This chapter to the partnership equity funds in the United States legal basis as the starting point, in-depth study of the institutional core - the partnership agreement, and the largest U.S. limited partnership private equity funds - Blackstone Fund as a template to further clarify its limited partnership organizational structure and mode of operation of the private equity fund. The fifth chapter is to solve the problem, efforts to construct a legal system for Chinese private equity fund limited partnership development. Author based on China's national conditions, and to learn from the experience of the United States put forward three suggestions: complete set of the legal system, standardized operation process; rational design of fund managers responsibility; sufficient incentive and restraint mechanisms established from a legal point of view. Mainstream model of global private equity fund - the unique advantages of the limited partnership is no doubt, all the legal risks and institutional barriers need to face in practice can not be ignored. Improve the relevant legal system, consider the specific business conditions, as the bearer of a limited partnership, and create optimal architecture design in the form of trust system, Inc., will further promote the development of China's private equity fund.

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Securities and Management Act
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