Research On The Trusteeship Of Civil Personnel Responsibilities Of Private Equity Funds In China

With the development of China’s economy and society,investment and financing channels are becoming increasingly diversified,and private equity funds are favored by investors,especially high-net-worth customers,based on their own characteristics.However,legal risks have also arisen,and the endless "lightning" incidents of private equity funds have not only caused heavy losses to investors,but also made banks with custodian status tired of coping.What are the civil liabilities of custodians in private equity fund disputes? How are the boundaries of their rights and obligations defined?Due to the weak operability of the current legal norms;There is a large space for party autonomy;and the intricacies of the legal relationship between the parties,resulting in the dilemma that the custodian has unclear responsibilities and unclear basis for compensation.Therefore,the study of the trusteeship of private equity funds is of practical significance.According to the logical order of civil liability,this article is divided into four parts:Chapter 1 first determines the scope of research through an introduction to the definition of private equity funds;Secondly,based on the complexity of regulatory norms,the relevant regulatory norms involved in the paper are sorted out.Third,it is systematically studied due to the existence of different views on the concept,scope of duties,legal relationship,etc.of the custodian;Finally,the legal status of private equity fund custodians is defined.Chapter 2 discusses the different civil liabilities that the custodian may involve in four different stages,analyzes the form of liability by combining theory and practice,and finally concludes the principle and proportion of civil liability borne by the custodian.Chapter 3 analyzes the difficulties in determining the civil liability of custodians on the basis of the foregoing.Chapter 4 puts forward the basic ideas of operability for the improvement of civil liability of private equity fund custodians.