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The Research On Legal System Of Private Placement Fund's Risk Prevention

Posted on:2010-09-21Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q LiFull Text:PDF
GTID:2189360275482071Subject:Economic Law
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Private placement fund takes its source in US more than 70 years, the representative one is hedge fund. Private placement fund relies on its differ idea from public offering fund in the area of the risk and the income, meets the multitudinous investor's needs, also has provoke China's capital market. Private placement fund is regarded as a newly developing investment way in domestic market. It's playing a significant role to the whole financial market's prosperity and growth. There is one point that cannot be neglect, at the same time, private placement fund also exist immense risk, especially that private placement fund entirety scale expand constantly, its potential legal risk has exposed increasingly, and turn into a wobble factor of domestic financial market to threatening its security and stability.Private placement fund hasn't been definite by legal rule in our country, step by it, some issue has appeared, such as set up, risk guard aspect, and becomes the bottleneck problems which hinder its further develop. By means of working over private placement fund's legal theoretical analysis, seize private placement fund's innate character. Via analyzed its three kind legal forms'- firm private placement fund, contract private placement fund and partnership private placement fund–superior and inferior. By studying private placement fund's legislation of foreign countries including US, UK. Under special circumstances in China, combined with the innovation announcement and new rules, seek the solution for it. Based upon private placement fund current situation and exist problems in our country, pointing out the legal risk of private placement fund. The institution design around two aspects to solves, the first is establish the basic principle of legality, including property independent principle, principal status equal principle. The second is the specialized legal systems, mainly revolves private placement fund's set up, the fund manager, the fund trustee and the information disclosure and so on to carry out. Therefore, it's legislating for private placement fund as soon as possible that can prevent the risks and settle the problems thoroughly and make our country's private placement fund develop healthy and orderly under the regulation of legal framework; establish private placement fund legal risk prevention system, protect investor's interests, maintain finance security and stability.
Keywords/Search Tags:Private Placement Fund, Legal Risk, Risk Prevention
PDF Full Text Request
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