Private placement, that is, private investment funds, refers to investment funds that are raised from qualified investors in the form of non-public offering and invested in investment targets such as stocks, equity, bonds, futures, options, fund shares, etc. ) stipulated in the investment contract, referred to as private equity fund.
Mainly from the corporate private equity fund, limited partnership private equity fund, trust private equity fund and other three forms of establishment to analyze. Including the establishment conditions, the establishment subject, the capital contribution system and the establishment process.
In terms of the establishment process, according to the Interim Measures for the Administration of Venture Capital Enterprises, the establishment of corporate PE requires going through the relevant industrial and commercial registration procedures in accordance with the registration procedures of the Company Law, and then going through the relevant filing procedures at the local development and reform commissions. If foreign capital is involved, it is necessary to go through the examination and approval procedures of the relevant foreign-funded commerce bureau or the Ministry of Commerce before going through the industrial and commercial registration procedures.
According to the Opinions on Strictly Cracking down on Illegal Securities Activities according to Law, the legal responsibility of illegal private placement should be strengthened. Intensify the criminal crackdown on illegal fund-raising in the field of private placement, and the embezzlement or misappropriation of fund property by private fund managers and their employees.