Research On Legal Issue Related To The "Valuation Adjustment Mechanism"

Valuation adjustment mechanism from the British and American capital markets,is also known as valuation adjustment agreement,widely used in the investment community at home and abroad at present.On the basis of an analysis of the nature of the contract,bet on agreement with conditional contract and guaranty contract,belongs to a kind of promote the adjustment of investment and financing related legal relations and both sides valuation differences between the two sides has a contract.Bet against the agreement apply follow the fair principle of the Angle of contract law,has legitimacy foundation.Its operation is the basic principle of investors and lenders in the investment contract signed before,to make up for valuation differences of asymmetric information,the interests can be guaranteed,and both sides agreed to:if the agreement within the time limit is invested enterprises can achieve performance targets as agreed upon by both parties,the investment direction means to fulfill certain obligations;If the investing enterprise can't finish the performance targets,by financing direction investors to fulfill certain obligations.In practice,due to the specific terms and conditions were not adapted to our country legal environment is likely to face certain legal risk,so how to from the perspective of "company law","contract law" know these legal issues,and to the performance of a good legal environment in our country is suggested in this paper,the research focus of bet on agreement.