PPP Project Gompany Governance Mechaniam Research

The cooperation mode of government and social capital(PPP model)is an effective way to solve the problem of government providing public goods such as infrastructure and public services,which is different from the traditional mode of government providing and implementing production.But the introduction of social capital funds and efficiency,not only to alleviate the government's financial constraints,but also to improve the quality and efficiency of public goods.Since 1990 s,China began to adopt the BOT(construction operation transfer)model to build highways and bridges.However,this model has not truly realized the effective cooperation between the government and the social capital.Since 2014,China has started to promote the PPP model,and the government has issued several policies to guide them.The existing PPP projects in our country have almost been set up.The project company,or the individual capital contribution by the social capital party,or the joint contribution of the government and the social capital to the.PPP project company,has become an important carrier for the implementation of the PPP project.After its establishment,the PPP project implementation agency and the social capital party have signed it.The PPP project decision-making and implementation should be made in the name of the project company.Based on the balance of public and private interests of PPP project company,this paper discusses the compatibility between PPP project company and current Company Law.It also analyzes the present situation and manifestation of PPP project company's public and private interest imbalance,then puts forward the potential dimension of PPP project company's public and private interest balance,and finally puts forward the strategy of perfecting PPP project company's public and private interest balance.PPP project company should,in principle,be established in accordance with the current Company Law of China.As an independent legal person,PPP project company can be segregated from the corresponding personnel,financial and other aspects of social capital,at the same time,PPP project company is both public and profit-making.PPP project company is usually set up in the form of limited liability company,and itmay be out of balance in the aspects of governance structure,public interest decision making and company purpose,which is controlled by social capital.As a result,the public interests,the interests of the social capital parties or the interests of both sides are damaged.PPP projects usually include a "one vote veto" clause in public interest decisions,including one vote for shareholders and one vote for directors.In setting up,it should be taken into account that only a limited company can flexibly set up a veto right,and that the balance of interests of the company in the company's articles of association.PPP project company can be designed from registered capital and equity structure.Business scope and other three dimensions.