Regulation Of Our Country's Stake In The Raise

January 2011 the world's first equity-based crowdfunding platform Crowdcube was born in England,since equity-based crowdfunding financing models kicked off on a global scale.In November 2011,the country's first equity-based crowdfunding platform "Angel sink" was established,marking the shares raised officially entered China.Equity-based crowdfunding is exploited by funding conditional on the platform to make room for a stake in the Internet public fundraising and financing model.Equity-based crowdfunding was able to deal the difficulty of small company's financing problem,In the traditional mode of financing,small company due to small scale and less experience,difficult to apply down to meet the needs of their development funds,for example bank loan,ask for a bank loan not only cost more,but very tedious,small company in the case of lack of third-party security applications for loans very low success rate.In contrast equity-based crowdfunding,most major characteristic is the lower threshold,raised platform and not like a bank to finance the enterprise conduct a restrictive provisions,if the criteria for financing meets the platform,can be financed on the platform,do not need to go through cumbersome procedures,as long as the financing requirements of submission,level-level audit,and for the high interest rates of the loans,raised only need to pay the total amount of equity in their 2%to 5%as the cost of financing,equity-based crowdfunding low threshold successfully solve this problem.Equity-based crowdfunding in addition to solve the financing problem of small companys,can enrich investors investment approach.Equity-based crowdfunding in the face of investor is primarily a personal,traditional forms of investment for many investors requires some technical knowledge,a lot of people does not have a comprehensive understanding of their investment,and equity raising is different,raised platform will be approved by the public financing after project released on the financing,investors can browse the selection and a decision to invest in what they deem viable projects,which enable investors to fully understand their investment,increased the investment.In view of the many advantages of equity raised,although no formal introduction of equity raising of special laws,but there is no mandatory ban,the Central and the Commission is also encouraged and accepted attitudes for equity raised.Although equity raise has many advantages,but within the current legal framework,lack of special supervision of the equity raising,equity raising in the actual operation,there are many,increasing investor risk,causing financial chaos,are disrupting financial order currently shares to raise questions that may arise.Therefore,study the legal relationship of equity raised,referring to foreign equity to raise the regulatory experience,equity raised for China to establish a healthy operating environment,improve equity to raise regulatory standards is important.This article sorts out the equity raising risks to the regulatory,and put forward its own proposal,specifically in this paper consists of five parts:The first part of the introduction,mainly to the rise of the equity raise equity raise background,meaning,status quo at home and abroad as well as using research methods were introduced.Overview of equity raising in the second part,introduces the concept of equity raising,feature,business model and the need for regulation.First by comparing the definitions of equity raised at home and abroad led to my understanding of the concept of equity raise.Secondly,by way of example the equity raised the three modes of operation are analyzed in detail.Finally,explains the legal nature of equity raising in China,as well as problems in the analysis of China's stock raising leads to necessity to regulate the equity raising in China.Third part for foreign equity to raise regulatory reference.This paper with the United States,Britain and Italy,for example,of these countries in financing in the equity raise regulatory regulation,investor protection,issued exemption system,points out that enlightenment to China's regulation of the measures in these countries.Part four equity raising in our country monitoring current legislation and the problems faced.Raising regulatory equity,only securities industry association the private equity financing and administration procedures(trial implementation)(draft for soliciting opinions)(hereinafter referred to as the regulations),Equity raising at this stage is in the tradition of the securities law,company law and other laws under the supervision of running severely hampered normal development of the equity raising.Our country at this stage of equity all raised faced with committed securities method in the on public issued securities of provides,also has may committed criminal in the illegal fund-raising,charges,while,in actual of run process in the,equity all raised also faced with lack exit mechanism,and access threshold high,and information disclosure insufficient,and lack investors protection,problem,these problem are to be Yu China for legislation for solution.The fifth part is the author of the recommendations of the equity raise the legal supervision in China.Issued equity raising of special laws is a priority,clear equity raising participation barriers,establishing equity raise exit mechanism,equity transfer,increase equity raise energy and risk control mechanisms need to be established,drawing on experience in Europe and the United States,equity raising at the lowest risk of.