Research On The Legal Issues Of "Fake Equity,Real Debt" In Real Estate

"fake equity,real debt" is Not a legal concept,but a financing model formed in practice.On the face of it,the investor nominally owns a stake,which actually owns the creditor's rights,which is the name of the equity investment.In form,both the sponsor and the financing party are included in the equity investment.In essence,the guarantee agreement of rigid exchange requires the financing party to buy back the equity of the management party at the appointed date.This paper briefly summarizes the "fake equity,real debt " in the present situation of the development in our country,through the typical case raises "fake equity,real debt" of real estate investment and financing mode of depth analysis,summed up the essence of the "fake equity,real debt" characteristics,detailed in clarifying the "fake equity,real debt" in the legal status of the subject,and carefully analyzed the "fake equity,real debt" legal risks existing in the investment and financing mode,and combined with the current regulatory system in China,put forward should clear the legal status of "fake equity,real debt",strictly applicable regulations,standardize the accounting methods,strengthen risk control,optimize the existing investment and financing path,the promotion of alternative path and so on,to benefit to promote the new investment and financing mode to the health of the legal compliance road,is conducive to China's real estate sector as soon as possible to establish multi-level structure reasonable investment and financing system.