Our Country Private Equity Fund Law Supervising And Managing Research

Private equity fund is the financial innovation product, after is an important financialservice domain which a country market economy system tends to maturely appears inevitably.It or raises the fund personally through the non-public way to the organization investor, to has not gone on the market the enterprise to carry on the stockholder's rights or the accurate stockholder's rights investment, is invests the enterprise to provide the increment management service, after treats invests the enterprise to develop maturely through the stockholder's rights transfer realization investment income.After the whole world financial crisis occurs, the various countries reconsider in abundance have the crisis reason, important reason is the U.S authorities to the financial supervising and managing notstrength.For the standard financial innovation, US in 2009 proposed successively three legal drafts come the standard privately to solicit the fund, in which include privately equity fund.The overseas finance supervising and managing wind direction transformation, private equity fund to our country legal supervising and managing to have the important enlightenment significance.In order to better standard our country private equity fund development, the construction conforms to our country national condition, satisfies the current market requirement the legal supervising and managing system, this article divides four parts to elaborate own viewpoint:The first part, private equity fund elementary theory.First elaborates private equity fund the meaning and the characteristic; Next, through private equity fund and the close concept comparison as well as private equity fund the organization form, to private equity fund to have the basic understanding.The second part, private equity fund supervising and managing necessity analysis.Through to private solicits the risk analysis which the stockholder's rights investment fund faces, obtains our country privately to solicit stockholder's rights investment fund supervising and managing the necessity.Then, through combs the overseas developed money market the supervising and managing experience, proposed private equity fund supervising and managing to our country the enlightenment.The third part, our country private equity fund supervising and managing present situation.First macroscopically analyzed our country privately to solicit the stockholder's rights investment fund development present situation, obtained privately solicits in the stockholder's rights investment fund development the question; Next through to our country law standard present situation analysis, pointed out the legal supervising and managing existence the question, for further consummated the legal supervising and managing system to indicate the direction.The fourth part, our country private equity fund supervising and managing the legal advice.This part divides three aspects, one supervises and manages the principle, two is supervises and manages the system the establishment, three is the concrete supervising and managing measure legal advice.Our country should in under the government supervising and managing frame the display autonomy organization's supplement function.Moreover, under the supervising and managing principle instruction, the model overseas procedure unifies our country fund market the actual situation, the author obtains should from private solicit the stockholder's rights investment fund main body market access and private solicits the stockholder's rights investment fund behavior two aspects to carry on supervising and managing.In the article innovation spot includes: One, develops the judgment carefully examined America and Britain about privately to solicit stockholder's rights investment fund law supervising and managing the development course, proposed our country supervised and managed the department to privately to solicit stockholder's rights investment fund supervising and managing to be supposed to persist the development the principle, achieved government supervising and managing and the fund profession actual condition agrees with; Two is regards America and Britain to privately to solicit the stockholder's rights investment fund objectively the different supervising and managing experience, private solicits the stockholder's rights investment fund from our country is impels the development by the government this fact to embark from the top downward, proposed our country should set up the specialized government supervising and managing organization, by better promotes our country privately to solicit the stockholder's rights investment fund development.