| This paper first makes clear the current situation of domestic private equity industry at the time of writing this paper.Secondly,combined with the author’s industry experience in the private fund industry,this paper sorts out the main problems and common causes of the Limited Partnership Private Fund in China.In order to solve the above problems,the author analyzes the different regulations that each participant of limited partnership private fund should abide by because of their different identities.Clear the legal relationship between the parties and their respective rights and obligations.The most fundamental legal relationship of private fund participants is the principal-agent relationship.This paper analyzes the rights and obligations of limited partnership private fund managers and investors from the perspective of different legal relationships formed by different identities of participants.The author noticed that the same private fund,even if the investment target is the same,can be divided into contract type,company type and limited partnership type because of the different organizational form.The author further makes a comparative analysis of the three organizational forms of private funds,and analyzes the differences in the sources and boundaries of rights and obligations of the parties involved just because of the different organizational forms of private funds.Through comparison,it is found that the fuzzy boundary of rights and obligations caused by the overlapping identities of the participants is an important reason that restricts the development of the Limited Partnership Private Fund in China.The author sorts out and compares the laws and regulations that should be applied to the limited partnership private fund,and based on the views and suggestions of domestic scholars on this issue,combined with their own research,puts forward their own suggestions. |
