Current location - Trademark Inquiry Complete Network - Tian Tian Fund - What conditions should private placement meet?
What conditions should private placement meet?
First of all, follow the principle that private fund raising is not open. No matter the fundraising of specific objects in the initiation and establishment of the Company Law, the non-public offering of shares in the Securities Law and other relevant laws and regulations, or the establishment of limited partnership in the Partnership Enterprise Law, or the public marketing of trust funds, it shall not be publicized. Second, follow the principle of limiting the number of private equity funds. The Company Law clearly limits the number of shareholders of unlisted joint stock limited companies to no more than 200, the Securities Law and other relevant laws and regulations clearly limit the cumulative number of shareholders to no more than 200 after a specific object issues shares, and the Partnership Enterprise Law stipulates that the number of partners in a limited partnership enterprise shall not exceed 50. Third, follow the principle of respecting private equity funds to decide the scale of raising independently. Apart from restricting the investment scale of natural persons in private equity funds, especially in collective fund trust plans, the Company Law, the Securities Law and the Partnership Enterprise Law do not strictly limit the fundraising scale of private equity funds, which is in line with the characteristics of private equity funds, because only private equity funds know their investment capital needs and make reasonable fundraising arrangements according to their own conditions. Fourth, follow the principle that private equity funds decide their own raising stage. The revised Company Law does not require that the capital contribution must be made in one step, but allows it to be made step by step. "Partnership Enterprise Law" allows the fund raising to implement the commitment system. When a limited partnership enterprise is established, it does not require the actual total investment, but requires investors to commit to the actual project investment, and the investment will be in place when the project actually needs investment; The collective fund trust plan also stipulates a certain investment time, which is not strictly implemented at one time. The purpose of private equity funds is to invest abroad, and there is not much demand for funds before formal investment. Therefore, in order to avoid idle funds, the law allows private equity funds to decide their own raising stage, which is in line with the operating characteristics of private equity funds.