Research On Legal Risks And Prevention Of "Formal Equity-essential Debt"

In recent years,in order to implement the state house in Fried orientation,supervision department issued a series of regulatory policy to macro-control of the real estate market,real estate enterprise financing is limited by strict regulation.under the background of the financing environment continue to tighten,real estate stocks real debt financing arises at the historic moment.Ming shares real debt as a new financing tool,different from traditional equity financing or debt financing,the rights and interests of both equity financing model and the stability of the creditor’s rights financing model dual characteristics,can meet the demand of various main interests at the same time,widely used in practice.However,due to the complexity of this kind of financing tool structure,terms of design,fuzzy,the legal definition of easily cause all kinds of legal issues and risks.Among them,in the case of bankruptcy creditor’s right confirmation dispute between New China Trust Co.,Ltd.V.Huzhou Port City Real Estate Co.,Ltd.,New China Trust lost the lawsuit precisely by using the mode of transparent stock and real debt trading.This case caused panic in the industry and exposed its huge problems.The legal risks of the real equity and real debt financing mode are mainly concentrated in the real estate sector,which is particularly prominent in the front-end financing process.It has become a severe challenge for all parties involved in investment and financing.Therefore,based on the perspective of the real estate sector,this paper makes an in-depth study on the legal risks and prevention of real debt financing transactions of real equity and real debt.In this paper,the author from the following aspects of the legal risk and prevention of the real debt of Ming stocks and Ming stocks first of all,combined with the definition of the real debt of Ming stocks and the practice of the specific operation,summarize the concept of real debt of Ming stocks and Ming stocks and real debt in detail analysis Secondly,the author selects typical cases of real debt in real estate sector as the sample of empirical analysis.Through case analysis,the author finds that judicial organs are dealing with real debt in real stock Disputes in the process,generally recognized Ming real debt stock trading patterns on the effectiveness of this new type of financing the referee rules tend to adopt different ways,both inside and outside internally as lending relationship in accordance with the principle of party autonomy,the stock transfer form foreign guarantee pay attention to protect the interests of a third person trust,identified as equity investment Finally,the author of Ming real debt On the basis of effectively identifying these risks and their causes,this paper provides reasonable countermeasures and suggestions for the design and risk avoidance of this kind of financing mode in the real estate field in the future.