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The Legislative Research Of Risk Investment Enterprises' Organizational Form

Posted on:2004-06-03Degree:MasterType:Thesis
Country:ChinaCandidate:X WangFull Text:PDF
GTID:2156360125455660Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Organizational form of risk investment enterprises keeps being remained as a much-disputed topic in the field of legal theory. Some advocate an adoption of corporation system, which enjoys eternity with its legal basis, helps raise fund and runs comparatively low moral risk. Furthermore, shareholders' participation in management greatly contributes make a more scientific and reasonable decision. While others welcome limited partnership system since it can stimulate internalization, minimize moral risk and reduce tax obligation.Starting with analyzing the characteristic of risk investment enterprises conformed to the special requirement of organizational form, based on the present development in risk investment enterprises of our country, this paper intends to state that it is detrimental to the effective operation of our country' s risk investment enterprises because of the defects both in the legislation of our country' s corporation law and the corporation system itself. Thus, the necessity of diverting limited partnership system into the risk investment enterprises and its national legislation is further advanced. From the developmental history of limited partnership and its distinctive features, this paper continues to find out whether it is reasonable for risk investment enterprises to select the limited partnership and finally put forward some superficial understanding of some related problems that may arise within the process. Consider that the legislation of partnership should adopt individual pattern. As for the risk investment enterprises of limited partnership, this paper suggests that it should be severely registered and continuously supervised. Allowing corporation to become the general partners' basic rights and duties, as well as the limitation of partners' quantity.However, as a newly-born object, limited partnership has just made a start in practice in our country, no one can yet draw on any ready-made experience, and also because of the constrained knowledge, the legislation of the integration of limited partnership system and Chinese risk investment enterprises awaits further practice and consideration.
Keywords/Search Tags:Risk investment enterprises, Organizational form, Limited partnership, Reasonable decision, Legislative thinking
PDF Full Text Request
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