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Research On VIE Structure And Related Legal Problems

Posted on:2017-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:Z H WeiFull Text:PDF
GTID:2206330503976146Subject:International Law Department
Abstract/Summary:PDF Full Text Request
As for the restriction to the foreign investors, the influent circulate of equity capital, the promulgation of Provisions on the Merger and Acquisition of Domestic Enterprises by Foreign Investors, and other matters restricting the process of offshore IPO, VIE has become the first choice of offshore IPO in the field of telecom, media and technology. According to relevant data statistics, almost half of the Chinese IPO company in America have adopted VIE in that process. From these facts, we can see the importance and influence of VIE to capital market.Although regulatory authorities adopted a selective attitude to regulate the VIE mode before 2014, for example, to restrict the VIE mode in some regulations, they do not ban VIE mode directly in laws or regulations. However, since 2014, government authorities promulgated a series of laws and regulations regarding of VIE mode, in this view, the common neglect of supervision on VIE mode would never last, which may have an effect on the development and structure of VIE mode in the future.This paper aims to study the legal basics, the value and the legislation influence on the VIE mode. VIE’s existence depends on the recognition and supervision by China legislation authorities to a great extent. With China’s economy booming and China’s industry transition, legislation technique matures gradually, and the newly promulgated laws and regulations would come up with a more clearly recognition on the VIE mode. All these things would have important influence on the existence and development of VIE mode in the future.The author will study and clear up the trail of the development of studies in this field both in theoretical cycle and practice cycle, and combine the legislative spirit and guidance note of the newly promulgated laws and regulations, then make a summary of the develop trail of VIE mode, and look forward to the future of VIE mode. Recent two years are very special years for VIE mode, in which relevant lawsand regulations come out step by step, China authorities give guidance at a policy level, all these things need us to pay attention to. So, in this regard, the author believes the topic worth studying.
Keywords/Search Tags:VIE mode, effect of control documents, the basis of existing, supervision system by legislation
PDF Full Text Request
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