Research On Legal Organization Form Of Chinese Private Equity Fund

The first chapter talks about the real meaning of private equity fund in Chinese and compare it with its similar concept. Subsequently this chapter analyzes the structure of legal organization and reveals that the concept of legal organization is closed to the concept of government in politics. Also this chapter introduces the development history of private equity and its legal forms in the western countries represented by America, UK, Germany and Japan. This chapter selected America and UK to represent the America-UK legal system and Germany and Japan to represent the Continental legal system. The legal structures of these countries are different. Additional, this chapter talks about the standard of legal structure of law organizations of private equity.The second chapter begins to talk about the core content. The third and forth chapter introduce the three legal structure of the private equity fund:company, limited partnership and trust,how to operate private equity fund under these three structures and the advantages and disadvantages of these three forms. The company is more formal but less efficient; the partnership is more efficient but less stable; the trust if more flexible but harder to control risks.Of course, theses are common qualities of these three forms. This thesis focuses on private equity in China. The development of private equity fund in China will face unique situations. Therefore, this thesis not only talks about legal forms of private equity fund in general but also about their (company, partnership and trust) development in China. Also it gives legal advices to cope with challenges private equities have to face in China.The last chapter suggest abandon the system of single legal forms for private equity fund, since each system has its own unavoidable shortcomings. The good logic is to integrate these three legal systems, and finally form a mixed legal form to make them complement each other. To strengthen this conclusion, this thesis uses two cases: Shen Zhen Capital Group and Shenzhen Fortune Venture Capital to discuss the advantages of mixed forms.