Research On Legalization Of Placement Private Fund In China

Private equity fund sponsors through a specific object with specific qualifications,non-public offering of Fund shares to raise funds, independent fund property managed by thefund managers, portfolio investment in securities or other investment projects theestablishment of investment funds. Present, the private equity fund in China have not beenable directly to the legal form of the emergence of Securities Investment Fund Law "writtenin the Annex to the specific object is to raise funds or accept a particular object propertyentrusted to invest in securities activities, a collection of investment its meaning is basicallythe same with private equity funds, but have not given specific provisions. In the process oflegislative consideration of the securities investment fund, the issue of the legalization ofprivate equity funds more and more academic attention and research, one of the most concernin China’s securities market. So, learn from the private system of extraterritorial countries orregions are particularly necessary to build our private equity funds related to the legal system.The United States is the birthplace of the private placement of securities legal system and themost perfect development, more and more countries have been cited as a draw, the privatelegal system is a complex specification of a legislation by Congress, the SEC (Securities andExchange Commission) regulations, and court decisions, etc. system, particularly the latestFinance Act was enacted in2010the whole known as the2010Wall Street Reform andConsumer Protection Act (referred to as the "Dodd-Frank Act"). The bill constitutes thelargest U.S. financial regulatory reform in the fourth section is devoted to a number ofregulatory rules for private equity funds, that part is also known as private equity fundinvestment adviser registration Act2010(the "Act"). Strict registration system of the privateequity fund of information reporting system, the customer account, the trusteeship system,and complements the aforementioned previously legal gaps. Japan and Taiwan, China to learnfrom the U.S. Securities and private legal system is quite successful, provide a usefulexperience for China’s legal system.This article will focus on the private equity fund legal definition of legalization approachand effective legal and regulatory issues, foreign legal system, and explore the legalframework of China’s private equity fund. The article text includes the following five parts: The first part, on topics of background, literature review, research objectives, researchmethods, introduction;The Second part, the related concepts of private equity funds, development andsignificance of legalization of private fund;The third part, foreign (especially U.S.) private equity fund legal system;The Fourth part, the status quo of China’s private equity fund system and the problems;The fifth part, the private equity institutional framework to build China’s condition.This part of China’s specific national conditions, analysis of future legislative path of China’sprivate equity fund legislation and legal systems of the core issue.