Font Size: a A A

A Study Of Legal Issues On Corporational Venture Capital Enterprise

Posted on:2009-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:J BaiFull Text:PDF
GTID:2166360245958309Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The form of venture capital has important significance to the development of venture capital,affects the income of venture capital enterprise or even affecting the performance of its success or failure,relates to the interests of investors, venture capital investors and high-tech enterprises, therefore, in order to promote the healthy development of venture capital in China And financing market , it is necessary to consider China's national conditions to research which form is the best organizational form of venture capital in china. In practice, corporation is the main form of venture capital, but there are some different opinions on which is the best choice of the organizational form, many people think that limited partnership venture capital enterprise is the best choice, but with China's national conditions and legal practice , Corporate venture capital enterprise in China is the best form. This paper compare the different form of venture captical,demonstrate the advantages of Corporate venture capital enterprise , study the necessity of use the corporate venture capital enterprise in China, study the special legislation of venture capital corporation, Hope provide reference to the choice of organizational form of venture capital and the legislation.This paper firstly introduces the venture capital enterprise's three main forms:the trust manufacture, the limited partnership manufacture and the corporation manufacture. Trust manufacture is characterized by the Trust Fund has no transfer the ownership of property, Fund managers and trustees of the Fund merely have the right to operate the property and possession of the property. Fund managers and trustees of the Fund only to the Fund the Fund's assets on behalf of Acting. Limited partnership is characterized by investors as limited partners undertake limited liability,Can not participate in the operating partnership, Venture investors as a general partner, with all the personal assets of partners assume unlimited liability debt, net income available to partner 20 percent of the proceeds. Corporate system is characterized by funds raised through the orientation or issued shares to the public, Investors as shareholders undertake the limited liability, and to participate in company management, then introduce the development of organizational form of Venture capital enterprise on some countrys.Secondly, From the limited partnership inherent shortcomings of our lack of operating limited partnership based on the economic and social conditions and legal obstacles in three areas for analysis, get the conclusion that it's not very proper to use the limited partners enterprise form in china now.Then analysis of corporate venture capital enterprise strengths, explore the development of the corporate system in China's venture capital companies the possibility to corporate organizational form of venture capital enterprises in China is the optimal choice.Finally discuss the Practical significance and the feasibility of special legislation to venture captical corporation, particularly the relevance and feasibility of the proposed special legislation to make the legal system innovation, including the development of venture investors reward incentive and restraint mechanisms of the legislation envisaged the establishment of venture investors reputation of the legislative mechanisms envisaged to address the Venture Capital Company of double taxation legislation envisaged; capital from venture capital firms, such as envisaged in the legislation.
Keywords/Search Tags:corporate venture capital enterprise, limited partnership venture capital enterprise, organizational form, compare
PDF Full Text Request
Related items