Research On Legal Issues Of Limited Partnership Private Equity Investment Funds

Private Equity is originated in the United States.At presentlimited partnership has become the mainstream in the private equity investment fund organization form choice,however,as "import" mechanism of limited partnership private equity fund system in China for lack of a general partner level constraints,relevant mechanism is yet to be constructed,checks and balances between investors and managers become empty talk.Although the "partnership enterprise law revised in 2006 in China increased the limited partnership,the relevant provisions of the for equity funds in the form of limited partnership in China provides a clear legal basis,but as a result of the partnership enterprise law do special provisions,in the practice of the development of a limited partnership equity funds in China has some problems.The author in this paper introduces the organization form of limited partnership private equity funds and operation pattern,and aiming at the problems in practice,put forward to perfect the system of limited partnership private equity funds path,in order to promote its development in the future.The first part,after the definition of private equity funds,from the concept,operation mode and characteristics of the three aspects respectively to the current our country private equity funds of three kinds of organization form,namely,corporations,the trust system,limited partnership are introduced,comparing to the three kinds of organization form for below buried under the ground.Then the author in this article research the limited partnership in China equity fund,investment and exit mechanism,explains the limited partnership should really is the mainstream organization form of choice.The second part is the problem of form of private equity investment fund in our country.This part of the current situation of legislation of our country and the development of private equity funds,private equity investment fund in our country are analyzed form some problems,including raising the legal system,mainly the requirement of a qualified investors and raise the existing system of propaganda way,also including the defects of limited partnership organization framework.The third part is aimed at above problems existing in the form of private equity investment fund in our country,improve the ways and methods are put forward.First need to define the legal main body status,investors second,perfect the system of limited partnership organization framework defect,is in the exit mechanism of sound again,the last is the breakthrough on the bankruptcy system.The meaning of the thesis is that the search for suitable for the organization form of private equity investment fund in our country,and for private equity investment fund system on the problems existing in the legislation and practice,put forward the perfect proposal.Paper the new idea is based on a limited partnership private equity funds in our country as the research object,through the analysis of the advantages and disadvantages of limited partnership and limited partnership private equity funds in our country development present situation,trying to find the perfect legal system of limited partnership private equity funds in aspects of the methods and measures.