Risk And Legal Prevention And Control Of Investors In China

Premier Li Keqiang in the 2014 Davos Forum and this year's two sessions on many occasions to encourage "public entrepreneurship,innovation",and entrepreneurship requires not only a good business environment,but also need sufficient financial support,so the equity in China In order to adapt to China's entrepreneurial environment and encourage the development of small and medium enterprises and entrepreneurial enterprises arising from the formation of equity and entrepreneurship projects can be set up between the venture capital and entrepreneurial projects.Good bridges,for entrepreneurs to provide convenient and effective financing channels to promote entrepreneurship,ease the pressure of employment.What is the difference between the equity and the previous financing model is that it is through the Internet platform for financing a model,the financing of financing channels to obtain,investors investment information obtained through the construction of the Internet that is equity acquisition platform,equity All the operational processes are submitted by the financier to the network equity stake in the platform to submit the information to be financing projects,and then by the platform for its financing and the specific circumstances of the project,including but not limited to authenticity,legitimacy,etc.through the platform After the auditors are eligible for financing,they can issue specific financing information on the equity platform.After investors obtain information through the open Internet platform,they will invest in the project according to the individual rationality judgment to become the shareholders of the start-up or small and medium-sized enterprises,Get the corresponding investment value of the equity,the specific distribution of dividends to obtain the way the investment profits.In contrast to the way in which investors are involved in the past,the investors of the participating companies are not involved in the actual production and operation of the company,but only on the basis of the company's profitability.The difference between the equity and the small and medium-sized enterprise financing mode is that it is through the third-party Internet platform,that is,the equity pooling platform as the intermediary financing,among them the equity platform has the auditing obligation to the financier qualification,the financier The information of the project should be audited by the public platform.The specific information of the project is publicly released through the Internet platform.The investor is not based on the recommendation of the professional manager but the reasonable judgment based on the information released by the platform.investment.At present,China launched a total stake in the enterprise are basically just started the start-up enterprises,some small and medium-sized project sponsors often have a good business ideas,but there is no venture capital support,equity all through the open network platform Project financing information,on the one hand so that investors get the financing information for rational screening,but also for investors to open access to financial support for the two sides to build a good platform to effectively match the two sides of their financing needs,to solve the initial Enterprises and small and medium enterprises financing difficulties,but also broaden the private capital of the investment channels,active in China's capital market.However,the development of equity financing model since the entry into China's capital market,the development has been hampered by many obstacles,of which the most critical is that China's current legislative field on the equity of the relevant laws are not perfect,the relevant regulatory rules are not clear,In December 2014,China Securities Industry Association issued the "Private Equity Financing Management(Trial)(draft)",the China Securities Industry Association issued a ",Opened up the way for the standardization of my equity.However,as a new model of financing small and medium-sized enterprises in China,all the various aspects of equity operation are faced with many problems and risks.In order to play an important role in the financing of small and medium-sized enterprises,it is necessary to carry out in-depth analysis of the relevant risks of equity and put forward effective prevention and control measures.This paper focuses on the risk of investors in China's equity,first of all,combined with the judicial case and the current situation of China's current equity market to extract the concentration of investors in China's equity investors,mainly to investors and financing platform Fraud risk,no return and return rate inconsistent with the prior agreement,the instability of the financing project led to the risk of the bankruptcy of the financier to bring the risk to the investors,and then,for the above-mentioned major risks from the legal and institutional dimensions of the two reasons for risk analysis,The legal level mainly focuses on the analysis of the incomplete and lagging perspectives of the current laws and regulations in China.At the same time,the system level mainly analyzes the incomplete review system of the investors entering the platform.Finally,in view of the above-mentioned investor risk from the legislative perfection and system innovation point of view put forward effective preventive and control measures.The focus of this study is how to put forward the effective prevention and control measures for the above risks.This kind of validity is reflected in the reasonable avoidance of the above risks and the establishment of too many irregular obstacles to the development of equity in China.Thus blocking the equity ownership in China's capital market law to play an active role in financing.Because the stock ownership itself is an open financing model,once the law or related provisions involved too deep,set too many rules,is tantamount to the financing of SMEs to increase the problem,so how to prevent the risk of easy to understand,In the "income" and "put" to find a reasonable balance between the research process will be a key and difficult.The innovation point of this paper is based on the concentrated risk faced by investors in the stake,and then analyzes the two risk sources from the financier and the fund raising platform,and analyzes the legal relationship between the three Three of the powers and responsibilities of the precise sorting,and then from the legislative and institutional level to explore effective risk prevention and control measures.