An Analysis Of The Case Of The Financing Agreement Between Feidu Company And Nuomiduo Company

In April 2015,amendments to the“securities law" increased the exemption clause of public offering rights crowd-funding,but was subsequently shelved due to abnormal stock market fluctuations.Therefore,the legal and effective equity-based crowd-funding in China can only be a private crowd-funding.However,the laws and regulations of our country almost no specific provisions on the equity and the raise,offering all the raise and private raise how to distinguish between the lack of legal provisions,also lead to disputes often occur in practice.Since the "securities law"will be no stake in the raise clearly defined as the securities issue,the court in the judicial practice difficult to directly using the "securities law" the relevant specification for equity to rule,the raise disputes are often use "contract law"concerned regulation,to clarify the rights and obligations by contract dispute legal relationship between the parties.Taking the case of the financing agreement between the Nuomiduo company and the Feidu company as an example,it mainly concerns whether the financing service behavior of the Internet equity-based crowd-funding platform is a problem of the public offering behavior of securities.The dispute focuses on two aspects:one is the legal effect of the financing agreement and the legal relationship between the parties;The second is whether there is a breach of contract and the liability for breach of contract.Use contract law theories and legal analysis in the process of the case involves the connotation of public behavior in the securities law,the influence of the type mandatory norms for contract validity,the composition of the liability for breach of contract,such as content,the following conclusions:The financing service agreement between nuomiduo company and feidu company is an unknown contract,the contract is in conformity with the law,set up and validated;The second is that the company breaches the contractual obligations and constitutes a breach of contract.It shall bear the liability for breach of contract and damages.Nuomiduo company financing deal with fit more dispute case reflects in lack of securities law in equity under the condition of the raise specific behavior standard,financiers,equity and the raised platform and investors the rights and obligations of three parties,fuzzy,equity and the raise field there are many legal risks.To this,should draw lessons from all equity to raise legal relatively mature countries in the field of legislation and practice experience,aiming at the new and hot areas of legal regulation,so as to maintain financial order and promote the social capital flow.