Research Of The Protection Clausc Of Equity Investment Agreement Legal Effect

Along with the direct investment of international and thedevelopment of international ifnancial service trade, since the1990s, as anew trade and investment tools, the academic circle and the practicecircle are paying more and more attention to the equity investment, underthe background of Chinese economic growth sustained and rapidly, theequity investment activity in China is also start from scratch, from smallscale try to growth rapidly, and attracted numerous Chinese enterpriseeyes who needs development funds, and also has caused widely discussedof all walks of life. As a new thing, in the development process, equityinvestment presented many theoretical and practical problems which areworth of studyinga. This article is from the view of the foreign greementor typical investment terms and the practice application of China, andmake a more in-depth analyse of the basic legal issues involved in the activities of the equity investment in China, and hope to provide certaintheoretical support to the development of Chinese equity investment.This article is divided into three chapters.The first chapter is from the type of equity investment, risk andprotective measures as the breakthrough point, and expounds the threetypes of equity investment and each type of investment in thedevelopment of enterprises and the value of application in the process.Secondly make in-depth research and analyse of the equity investmentand exit the irsks during the course of a comprehensive. Through theabove foreshadowing, eduction on to the introduction and analyse offoreign equity investment practice of terms relating.The second chapter through two classical case: the2003hoodwinksthe cow with Morgan Stanley, Hong Kong ding hui and British YingLiansigned a pirvate equity investment agreement; Microsotf made a publicoffer to buy yahoo threat to alibaba company to illustrates the foreignequity investment agreement protection clause localization and theproblems existing in the application, and then put forward for the legaleffect analyse of foreign equity investment agreement protection clauselocalization application.The third chapter with the equity investment risks and foreign equityinvestment agreement localization and the problems existing in the application which proposed aboveorre, and puts forward the cspondingimprovement Suggestions and solutions, by analysing our country’s legalenvironment and the legislative status and problems airsing from0domestic equity investment activities at present, and combining foreign.,equity investment agreement protection clause practice application withth’e Chinese reality, proposed suggestion that suits our countrysapplication of equity investment agreement protection clause.