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Book Cover
E-book
Author Zhang, Chi, 1988- author.

Title Legal protection of private equity investors in China : practice, challenges and reform / Chi Zhang
Published Abingdon, Oxon ; New York, NY : Routledge, 2019
©2019

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Description 1 online resource (xviii, 204 pages) : illustrations
Series China perspectives
China perspectives series.
Contents Introduction -- The agency problems in private equity organizations -- The protection for limited partners of private equity limited partnerships -- The protection for beneficiaries in private equity investment trusts -- The protection for private equity shareholders in corporate governance -- Conclusions
2.3 Fiduciary duties as solvers to agency problems in business organization law2.3.1 Fiduciary duties as default rules in commercial law; 2.3.2 The limitations of the fiduciary duty regime; 2.3.2.1 The uncertainty in the application of fiduciary duties; 2.3.2.2 The barrier to the legal transplantation of fiduciary duties; 2.4 The political economy of China's private equity sector; 2.4.1 The economic and financial transitions in contemporary China; 2.4.2 The status quo of private equity in China; 2.4.3 The role of State in Chinese Private Equity Industry
2.5 Agency problems of private equity and limitations of the judiciary in China2.6 The methodological aspects of the research: a response to Chinese economy; 2.6.1 The appropriateness of the theoretical foundation; 2.6.2 The appropriateness of the referential system for analysis; Notes; 3 The protection for limited partners of private equity limited partnerships; 3.1 Introduction; 3.2 The features of limited partnerships: historical and legal-economic analysis; 3.2.1 The origins of limited partnership in the history of English law
3.2.2 The legal-economic analysis of limited partnerships: security and efficiency3.2.2.1 The moderate separation of ownership and control; a. The exclusion of unprofessional intervention: Management efficiency; b. The profit sharing between GPs and LPs: Reduction of agency costs; 3.2.2.2 Organic bond of limited and unlimited liabilities: transaction security; a. Limited liability of contributors: Efficient fundraising; b. Unlimited joint and several liabilities of controllers: Efficient management; 3.3 The landscape of China's PE limited partnerships
3.3.1 Chinese legislators' early attitude towards limited partnerships (1990s)3.3.2 Early practices of limited partnerships in China's PE market (2001-2005); 3.3.3 The limited partnerships under the new Partnership Law (2006-2010s); 3.3.3.1 Basic principles of limited partnerships in China; 3.3.3.2 An overview of the PE limited partnership in contemporary China; 3.4 The risks in the governance of private equity limited partnerships in China; 3.4.1 The ineffective unlimited liability deterrence of the practitioners of GPs
Summary "This monograph aims to provide an in-depth analysis of the legal protection of the private equity (PE) investors in China. In an academic sense, this research mainly focuses on the agency problems in the life cycle of PE investment under the business organization law system in China. Briefly speaking, the agency problems of PE investment derive from the two-level separation of ownership and control, one of which is the principal-agent relationship between the PE investors and the fund manager, and the other is the principal-agent relationship between the PE shareholders and the management of investee companies. It is the first research to provide an in-depth examination on the investor protection in the PE investment under the business organization law system in China." -- Provided by the publisher
Bibliography Includes bibliographical references and index
Notes Chi Zhang is a researcherin theDepartment of Law at China University of Mining and Technology (Beijing). His academic interests include corporate governance, law and regulation of investment funds and trust law. He recently published academic articles in the Journal of International Banking Law and Regulation and theEuropean Company Law Journal
Online resource; title from digital title page (viewed on April 26, 2019)
Subject Private equity funds -- Law and legislation -- China
Stockholders -- Legal status, laws, etc. -- China
Agency (Law) -- China
LAW -- Administrative Law & Regulatory Practice.
LAW -- General.
LAW -- Research.
Agency (Law)
Private equity funds -- Law and legislation
Stockholders -- Legal status, laws, etc.
China
Form Electronic book
LC no. 2018049574
ISBN 9780429058325
0429058322
9780429603242
042960324X
9780429608766
0429608764
9780429597725
042959772X
0367178850
9780367178857