Research On The Transfer Agreement Of Limited Partners Of Partnership Private Equity Funds Upon Expiratio

The partnership private equity fund combines the characteristics of partnership enterprise and private equity fund,so it will be adjusted by the Law of Partnership Investment fund Law" there are some differences in the standard content and standard idea.This may result in the situation that different laws are applied to the same behavior and different legal consequences are obtained.Therefore,it is very necessary to explore the applicable rules between the two laws.A partnership private equity fund is a partnership private equity fund.In essence,give priority to the Securities Investment Fund Law and relevant supporting laws and regulations,and supplement the Partnership Enterprise Law when there is no provision in such laws and regulations.In practice,in order to conclude investment agreements more smoothly,private equity institutions and their managers will make promises to investors such as the balance agreement,guarantee,commitment and other "principal and interest repayment" commitments.The Securities Investment Fund Law and other relevant laws and regulations prohibit such behavior.In order to accurately apply the relevant legal provisions,the author starts from the judgment documents,through consulting dozens of judgment documents of related types of cases,and tries to sum up the constituent elements of "capital guaranteed income guaranteed" in practice and the views held by the judges in practice.To constitute rigid payment,subject conditions and time conditions must be satisfied.The subject of rigid redemption must be the fund manager,private placement sales agency or interested person.The time of rigid redemption must be the contracting stage,entering the redemption stage or the expiration of the closed operation period.The above subject and the investor sign a guarantee does not constitute rigid redemption.Article 103 of the Securities Investment Fund Law and Funds shall be regarded as mandatory provisions with effect,and any agreement violating such provisions in practice shall be judged as invalid.It should be noted that invalidity does not mean no liability.