Research On The Domestic Legal Regulation Of VIE Model

The establishment of VIE model can effectively avoid the approval and supervision of overseas listed companies within the complex,which provides funding needs for the development of enterprises,but also solve the domestic enterprises due to the domestic financing and development is restricted,therefore,in our country "vigorous student machine",from pure Internet companies the light assets,early unprofitable businesses to post heavy assets,including the enterprise,application scope gradually expanded to all areas of the.VIE rapid development for national regulatory requirements.The enterprise VIE mode to avoid the existing legal regulation in essence,this sort of legal regulation for the VIE mode in China,since April 2000,VIE has emerged,has issued 17 related legal and normative documents,including the foreign exchange supervision,national safety supervision,taxation supervision,legal system and other regulatory policy arrangements the "People's Republic of China foreign investment law on January 2015(Draft for comments)" means that the law of foreign investment in China is about to usher in a new historical opportunity.The VIE model of the national regulation is essentially through legal review for implementation of the protocol,and review and expansion method>fifty-second<a contract invalid contract in our country.Based on the plot from the judicial case can be seen in the VIE series protocol for the VIE protocol is that legal validity is a violation of legal form concealing illegal purpose","mandatory "illegal administrative regulations of the state and" harm public interests ",analysis that the VIE Protocol" legal form concealing "point of view too far fetched," mandatory provisions "in violation of state regulations and the existing mandatory effect Foot ",damage the public interests of the society" too vague,still need to further clarify the legal VIE agreement is invalid.That will affect enterprises,shareholders.and investors overseas,will also become a social leader,thereby affecting the public interests of the society,therefore,should be cautious.Analysis of specific issues of VIE model and the existing supervision based on the present situation,to VIE for the lack of opportunity to reflect on the current system in China,improve the investment environment,the integration of regulatory laws and regulations,to explore the VIE mode and the way of enterprise,regardless of pessimism or optimism,should be regarded as rational,the basic situation of our country as the foundation,steadily VIE model of development,better protection of domestic capital and foreign investment rights.