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The Limited Partnership in China

The Limited Partnership in China
Author: Lin Lin
Publisher: Springer
Total Pages: 200
Release: 2016-03-08
Genre: Law
ISBN: 9783642342592
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This book provides an in-depth legal examination of limited partnership in the context of China’s venture capital and private equity market. It aims to provide an authoritative and timely evaluation of the Chinese partnership law and limited partnership regime and will be a valuable tool for practitioners who need a readily available source of information on Chinese partnership law and those who wish to understand how the Chinese partnership regime operates and functions. The book explains the essential characteristics of Chinese partnership law and Chinese limited partnership, highlighting difficult and developing areas by examining relevant legislation and recent cases. In addition to Chinese authorities, it also covers legislation and cases from overseas jurisdictions, such as the UK and the US. New developments such as the amendments to the PRC Partnership Enterprise Law 2007, new legislation and regulations on foreign partnerships and private equity funds are also covered. The book explains the essential areas of Chinese limited partnership such as management and control, duties and liabilities of partners, remedies for limited partners, dissolution, liquidation and taxation. Based on thorough comparative and empirical studies, the book examines existing and potential legal problems under the current law and offers key proposals for practitioners and lawmakers. The empirical problems identified in the book may also guide subsequent discussion and legislation on the limited partnership model and the ongoing debate on new business vehicles. ​

China's Foreign-Invested Limited Partnership Enterprise

China's Foreign-Invested Limited Partnership Enterprise
Author: Stephan Kuntner
Publisher:
Total Pages: 0
Release: 2021
Genre:
ISBN: 9783030541828
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Since a reform in 2010, foreign investors can establish a Foreign-Invested Limited Partnership Enterprise (FILPE) in China together with Chinese or foreign investors. The FILPE can be combined with a domestic or foreign corporate general partner, thus allowing for a structure that offers the flexibility and taxation conditions of a partnership while protecting its investors against personal liability like a company. The book explores from the perspective of a foreign investor if the FILPE is an attractive investment vehicle by analysing whether it provides the characteristics that are internationally recognized as constituting a standard corporate form. Among these characteristics, the three that are most strongly interconnected and interdependent form the core of the analysis: legal personality, limited liability and transferable ownership interest. These are analyzed in context of China's restrictive framework of foreign investment regulations and enterprise organization law.

China’s Foreign-Invested Limited Partnership Enterprise

China’s Foreign-Invested Limited Partnership Enterprise
Author: Stephan Kuntner
Publisher: Springer Nature
Total Pages: 377
Release: 2020-10-01
Genre: Law
ISBN: 3030541819
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Since a reform in 2010, foreign investors can establish a Foreign-Invested Limited Partnership Enterprise (FILPE) in China together with Chinese or foreign investors. The FILPE can be combined with a domestic or foreign corporate general partner, thus allowing for a structure that offers the flexibility and taxation conditions of a partnership while protecting its investors against personal liability like a company. The book explores from the perspective of a foreign investor if the FILPE is an attractive investment vehicle by analysing whether it provides the characteristics that are internationally recognized as constituting a standard corporate form. Among these characteristics, the three that are most strongly interconnected and interdependent form the core of the analysis: legal personality, limited liability and transferable ownership interest. These are analyzed in context of China's restrictive framework of foreign investment regulations and enterprise organization law.

Limited Partnership

Limited Partnership
Author: Lin Lin
Publisher:
Total Pages: 12
Release: 2017
Genre:
ISBN:
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In June 2007, the National People's Congress (NPC) of the People's Republic of China (PRC) revised the Partnership Enterprise Law (PEL) so as to introduce a new business vehicle - the limited partnership. Prior to the revision of this particular statute, the general partnership was the only partnership vehicle allowed under PRC law. One of the major reasons cited by the NPC for adopting the limited partnership is to encourage the investment of capital in high-technology enterprises and to facilitate the development of the venture capital market. In recent years, a number of jurisdictions such as Australia, New Zealand and Singapore introduced limited partnership legislation or adjusted their limited partnership regimes in order to encourage the growth of venture capital investments. The introduction of limited partnership in PRC is thus in line with current international practice. The objective of this article is to examine the key elements of PRC's new business structure with a view to analysing the potential problems that may not have been adequately addressed by the PEL as compared, where appropriate, to the counterpart limited partnerships in the other jurisdictions.

Limited Partners' Derivative Action

Limited Partners' Derivative Action
Author: Lin Lin
Publisher:
Total Pages: 30
Release: 2014
Genre:
ISBN:
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The article inquires into the theories and operation of the limited partner's derivative action in the context of China. The revised Partnership Enterprise Law provides a new remedy for the limited partner to pursue an action in its own name to safeguard the interests of the limited partnership. However, the law does not set forth a basic legal framework for bringing such an action. By identifying the special features of the private equity market of China and the deficiency of other remedial mechanisms to the limited partners, this article discusses the needs of the derivative action in the private equity limited partnerships. It also proposes special rules that are in line with the Chinese market condition.

Limited Liability Partnership in China - A Long Way Forward

Limited Liability Partnership in China - A Long Way Forward
Author: Lin Lin
Publisher:
Total Pages: 19
Release: 2015
Genre:
ISBN:
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In August 2007, a new business vehicle, the Special General Partnership (“SGP”) was adopted under the revised Partnership Enterprise Law of the People's Republic of China. The SGP resembles an overseas Limited Liability Partnership in that it shields co-partners from liabilities due to the misconduct or negligence of other partners. The introduction of the SGP increases the options available for professional practitioners in China. The article highlights key elements of China's introduction of the SGP and examines the uncertainties over the protection shield of partners. It explains the safeguards for creditors concerning financial reporting obligations and professional insurances. It concludes that the fact that the SGP does not grant full protection shield to partners may undermine the advantage of the SGP. It suggests that more rules must be provided to balance the interests of the partners and the creditors so as to facilitate the development of Chinese professional services market.

The Private Equity Limited Partnership in China

The Private Equity Limited Partnership in China
Author: Lin Lin
Publisher:
Total Pages: 33
Release: 2013
Genre:
ISBN:
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Although current academic thinking tells us that private equity investors are generally passive in the management of funds, Chinese private equity market is dominated by funds whose investors are relatively active. The interference of limited partners in a fund's management triggers internal conflicts between partners. This article examines the legal and practical reasons for this phenomenon. Based on extensive interviews with market participants, it is found that the agency problems, the legal weaknesses of limited partners under Chinese law and several regulatory constraints on China's private equity industry have influenced the decisions of investors to pursue active strategies in funds. This article also examines the effectiveness of the control rule and a few of the common private contractual arrangements in addressing the agency problem in the context of Chinese private equity funds, and suggests strategies to mitigate the problem.

Corporations and Partnerships in China

Corporations and Partnerships in China
Author: Ke Chen
Publisher: Kluwer Law International B.V.
Total Pages: 144
Release: 2020-12-20
Genre: Law
ISBN: 9403529415
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Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of business formations in China provides quick and easy guidance on a variety of corporate and partnership considerations such as mergers, rights and duties of interested parties, stock exchange rules, labour laws, and takeovers. Lawyers who handle transnational business will appreciate the explanation of local variations in terminology and the distinctive concepts that determine practice and procedure. A general introduction covering historical background, definitions, sources of law, and the effect of international private law is followed by a discussion of such aspects as types of formation, capital, shares, management, control, liquidation, mergers, takeovers, holding companies, subsidiaries, and taxation. Big companies, various types of smaller entities, and partnerships are all covered in turn. These details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Thorough yet practical, this convenient volume puts the information necessary for corporations to compete effectively at the user’s fingertips. An important and practical tool for business executives and their legal counsel interested in engaging in an international partnership or embarking on corporate expansion, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in China will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative business law.

Limited Partnership

Limited Partnership
Author: Sherman W. Garnett
Publisher: Carnegie Endowment for International Peace
Total Pages: 52
Release: 1998
Genre: Political Science
ISBN:
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In April 1996, after over half a century of border disputes and deep-seated hostility, Russia and China entered into a "strategic partnership." The emergence of a Russia-China relationship will significantly affect international relations in a region already experiencing economic instability and political uncertainty. Based on the findings of a Study Group made up of American, Russian, and Chinese scholars, Limited Partnership explores the issues that will cement the budding relationship, including demilitarization, trade, and a shared view of regional and global issues. It also discusses future challenges to strategic cooperation, such as the disparity in the economic growth of the two countries, Chinese migration, political instability in the Russian Far East, and diverging interests in East and Central Asia. After setting out various forms that the Russia-China relationship might take, the report examines the likely impact of these scenarios and offers recommendations for U.S. policy.

Legal Protection of Private Equity Investors in China

Legal Protection of Private Equity Investors in China
Author: Chi Zhang
Publisher: Routledge
Total Pages: 141
Release: 2019-03-19
Genre: Law
ISBN: 042960324X
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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.