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Chinese Regulation on Private Equity Fund in Term of Legal Issues

Author: LinTaoSha
Tutor: ZhuQuanYing
School: Xiamen University
Course: Civil and Commercial Law
Keywords: Private equity fund Law Regulatory regime
CLC: D922.287
Type: Master's thesis
Year: 2008
Downloads: 253
Quote: 3
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Abstract


In recent years, the surging China's securities market, private equity funds with its distinct characteristics active in the securities market, its sheer size has attracted more and more attention. The object of this study is that in China's securities market private equity funds, private equity funds as an investment vehicle in a foreign country has a long history of the development has been gradually formed a set of mature mode of operation. Private equity funds due to the relatively short history in China's emergence, therefore, whether in law or in management there are many immature, non-standard place. Therefore, the paper argues that a clear legal status of private equity funds, has become the imperative to regulate private equity funds, promote their development, and reduce the risk of. In addition to the introduction and conclusion consists of three chapters: Chapter private fund regulatory overview; comparative study of Chapter II of the regulatory legal system for domestic and foreign private equity funds; chapter is to make recommendations to improve the legal system of China's private equity fund regulatory. The first private equity fund regulatory overview, first expounded the basic concept of the private equity fund on the characteristics of private gold, the introduction of private equity funds in China's three main operating mode; then asked the connotation of the legal regulation of the private equity fund, the legal regulation should reach goals and the rule of law should be followed; Finally, the historical development of the private equity fund in China to describe, to put forward our existing private equity funds, combined with our existing legal sources of private equity funds, indicating that China's existing legal environment and can not be completely achieve effective regulation of the status quo, and the opportunities and challenges facing the development of China's private equity fund. The second chapter is a comparative study of domestic and foreign private equity fund regulation legal system. Domestic and foreign developed market private equity fund has a regulatory model that is different from the public fund. This chapter describes the regulatory approach of the United States, the United Kingdom, China, Hong Kong, Taiwan, the private equity fund, the legal system settings can provide useful lessons to private equity funds in China's legal and regulatory system construction. The third chapter is the idea of ??the regulatory regime for private equity funds in China. This chapter first expounded the need for regulation of private equity funds in China; then registered in seven areas:, promoters qualifications, private equity organization structure, private equity funds operating rules, qualified investors, methods of information disclosure of the private equity funds, private equity funds risk management, and proposed specific legal and regulatory proposals, and ultimately to establish and improve the regulatory system suitable for the characteristics 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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