The Legal Regulation Of The Real Estate Project Company

Real estate project company is a special form of the real estate development company, which is generally limited liability company and regulated by company law. Due to it’s special nature, real estate project company requires a special legal regulation, which can safeguard the legitimate rights and interests of buyers and promote the healthy development of China’s real estate industry. Author did a thorough research of the real estate project’s legal regulation issues. This paper consists of four parts with certain logic.The first part analyzes the meaning and characteristics of the real estate project company. The company refers to the corporate body that sets up for particular real estate projects. For the nature of the real estate development company and the characteristics of Project Company, the real estate project company is in specific business and existing not long. Though this company is easy for taxation avoiding risk, it’s no good for upgrading housing Quality and protecting the interests of buyers.The second part describes the status of the legal regulation of the Real estate project company in china. Our country has strict requirements on the Real estate project company in the industry access, and require the third party to provide joint liability guarantee enterprise; awarranty period and insure the engineering quality insurance in the business requirements.But there is a lack of special regulations of exit of the Real estate project company, only the application of the limited liability company generally applicable, no special provisions on the liability of shareholders, the relevant provisions of the company law for the shareholders only responsibility.The third part has carried on the proof to the existence of China’s Real estate project company in the legal regulation of the problem. China’s Real estate project company has strict quality requirements, but the provisional qualification has become a "back door", introduced to block the "back door" provisional qualification of the third party enterprise joint liability guarantee, the guarantee ability and effect is controversial though the housing quality warranty, the warranty period too short and guarantee funds failed to fully implement the implementation; although the construction project quality insurance, but the insurance is not mandatory but has not been implemented. In addition, due to the lack of special regulations out of the Real estate project company, Real estate project company responsibility difficult, companies to evade responsibility. The limited liability of shareholders and shareholders abuse by clearing the way to avoid responsibility, makes frequent shareholders against the interests of buyers.The fourth part focuses on the Countermeasures of China’s real estate item company legal regulation problems. Through the quantity, reduce real estate item company to strengthen the third party enterprises to extend the ability of enterprise performance guarantee, warranty liability and enforcement of construction engineering quality insurance measures, can make the relevant legal regulation is more perfect. In addition, should also be introduced after the termination of the company business transfer system, social guarantee fund system to the establishment of the real estate item company exit system. The shareholders as the biggest beneficiaries of the real estate item company system, should be clearly demand it to bear the responsibility of the quality of housing, this can be achieved through the application of the disregard of corporate personality system.