Sovereign Wealth Funds Legal Issues Research

Sovereign wealth funds, is such a special funds that use the country's profit of non-renewable resources or surplus of foreign exchange reserves, to operate and management through the establishment of specialized agencies.It has the nature of the government's macroeconomic regulation, the goal of national development ,carrying the national well-being needs , operating in the commercial market way ,conduct a positive and moderate financial investment to the excess Foreign exchange reserves.Sovereign wealth funds,its five main attributes: sovereignty, subjectivity, market, national and international, established its legal studies system that is, The right structure, governance structure, the international regulatory system.The entire process of Sovereign wealth funds' set up to operate involved the rights or powers subjectivity such as the country, the National, the main operator, investor acceptance.The State has therightof shareholders and macro-control of sovereign wealth funds, and the citizens has the right of sharing the benefits, the right to know and the right regulatory.Abroad, although the Government is a sovereign wealth fund all investors, but their own sovereign wealth fund is a type of private companies, corporate governance structure is similar to a private company. China has set up China Investment Co., Ltd.a speciallized operation to sovereign wealth funds, its current management structure is a typical management structure of wholly state-owned companies. This is a reasonable structure based on the situation of China , can ensure the good operation of sovereign wealth funds . However, this governance structure exist some hidden trouble.The rise of sovereign wealth funds and its large scale, the political powers to join in,International large financial business to participate, Make the sovereign wealth funds has become the focus of the international. Investment recipient countries questioned on the sovereign wealth fund, invested countries are challenged the question, Under such international differences , the relevant international organizations issued a corresponding international agreements and norms as a co-ordination. At the same time part of the investment recipient countries amend its foreign investment laws and regulations to regulat sovereign wealth funds.The face of the international regulatory legislation were introduced, China's sovereign wealth funds need to deal with countermeasures,From the domestic point of view, China's sovereign wealth fund legislation still need to study a number of missing to make corrections...