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A Research of Several Legal Issues on Foreign-invested Venture Capital Enterprises

Author: YaoKuangZuo
Tutor: ChenYeHong
School: Central China Normal University
Course: Economic Law
Keywords: Foreign Investment Venture Capital Market access Capital Exit Legal Regulation
CLC: D922.295
Type: Master's thesis
Year: 2008
Downloads: 169
Quote: 0
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Abstract


Foreign venture capital from foreign investment refers to the legal or natural form of venture capital, foreign direct investment, which is an important component. Foreign participation in China's venture capital increasing scale, which is obviously in recent years, the Chinese government promulgated a series of laws to encourage foreign venture capital system are closely related. Meanwhile, we also see these legal systems, there are some problems, and China is no problem for these high-level legislative, academic research in this area is also a serious shortage. Rule of law is the soul of legal value. Papers from the venture capital enterprises with foreign investment value orientation of the legal system to start, raise venture capital enterprises with foreign investment should be the fundamental legal values ??established as the efficiency and order. For foreign-invested venture capital enterprises in market access issues, a natural person shall be allowed as a foreign investment entity venture capital enterprises, thereby promoting more private investors to participate in venture capital and other investments. The promoters of the enterprise and the operational capacity of the operators to be reviewed on a number of specific elements. Venture capitalists should be established selection criteria, thus giving the venture capital institutions some guidance, so that venture capitalists more rigorous selection and assessment and institutionalization. Venture capital, venture capital exit is key to cycle continuously strengthen the supervision of foreign venture capital market withdrawal is necessary. China's legal system provides for a foreign venture capital enterprises can use the equity transfer, equity repurchases, domestic and foreign market and clearing the way to exit, but the provision was extremely broad and do not have the maneuverability. Recommended legislative experience and learn from the developed countries combined with our reality, to develop a standardized, higher legal force \repurchase conditions, norms share repurchase program system; improve our second board market, fostering entrepreneurial enterprises in the domestic public. Construction and maintenance motivate active participation of foreign capital investment in the legal system of entrepreneurial environment is to accelerate the development of venture capital's most urgent tasks. Double taxation of venture investment enterprises the problem is not solved, is bound to affect the venture capital investors to participate in the initiative, thereby affecting the progress of our high-tech industry. Should complete cancellation of foreign venture capital companies double taxation, clearly defined only for business enterprises taxed, and to give preferential treatment in the tax rate. For foreign venture capital business-related tax concessions designed based preferences should be indirect, direct benefit supplement, the use of investment tax credit, extraction risk reserve, making up losses and other indirect concessions, making the venture capital related entities really benefit, thereby contributing to the overall development of venture capital. In addition, venture capital, a decision scheme has basically decided the fate of the success or failure of a part of it, it is necessary to strengthen the decision-making behavior of venture capitalists regulation, proposed the establishment of venture capitalists and constraints related to the behavior of the terms, warranties and learn from foreign experience, the establishment of the Investment Committee and Risk Control Committee, to form a venture capital firm in daily decision-making process supervision and control.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Foreign-related economic management Act
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