Nov
07

An analysis of whether the investment partnership is a private equity fund or private fund manager

2017-11-07

Author: Lin ying, a lawyer of landing capital market

According to the China securities industry association (hereinafter referred to as "securities association") issued on April 20, 2017 "about the partnership enterprise registration ipo off-line investors and placement of objects related issues notice" (hereinafter referred to as the "notice"), to provide the Chinese securities investment fund industry association (hereinafter referred to as the base in the "association") record filing materials and promised not to belong to private equity fund managers investment partnership, registration should be added when submitted by a lawfully established within the territory of China, may be published professional opinions on Chinese law, a law firm and lawyer in China issued by the independent, objective and impartial legal advice, whether your organization is legal and valid surviving institution, institution name and business scope whether contains "fund management", "investment management", "asset management", "equity", "venture capital and private equity fund managers" business attribute is closely related to the words, mainly engaged in the business and the existence of a private equity fund management business, enterprise capital source whether items, such as the public to raise funds to issue clear legal advice.
In order to provide a clear legal opinion on the aforementioned situation, the nature of the investment partnership should be analyzed.


Nov
07

Is the IPO/new third board company's stock change audit base day determined after the equity transfer?

2017-11-07

Author: Landing  capital market team, lawyer cao kebin

The question is raised

For enterprise planning land in China capital market, the exchange or trading center to the continuous operation of enterprises more time put forward the request, if the IPO companies continue to run more than 3 years, new three board requires company last 2 years. The limited company shall, as a whole, be converted into a joint-stock company with the book net assets, and the duration may be calculated from the date set up by the limited company. In order to realize an initial public offering or a new third board, the company usually adopts the overall change setting method to change the enterprise type from a limited liability company to a limited company. In the overall change in the process of establishment co., LTD., need to make sure that one day as the share reform base date of audit, hired by the company accounting firm points to determine the base date of assets audit financial situation, to identify the fold of the net asset value. Practice sometimes encountered in share reform the audit after the base date to the front of the establishment meeting, enterprise equity transfer is required or increase for many different reasons, which caused the share reform after the base date is the impact on the company's overall restructuring of the equity transfer behavior.


Nov
07

Type analysis of securities market administrative penalty

2017-11-07

Author: Mr. Xu xiaoteng, lawyer of landing capital market, lawyer Lin ying

Administrative penalty refers to the specific administrative act of the administrative organ or other administrative subject in accordance with the law in order to impose administrative sanctions on the relative person who violates the administrative regulations and does not constitute a crime. According to the stipulations of the law on administrative punishments, administrative punishments in China for the kinds of warning, a fine, confiscate the illegal income, confiscate the illegal property, order to suspend production or business operation, withholding or revoke licence, withholding or licenses revoked, the administrative detention. Besides, only the laws and administrative regulations can set other administrative punishments. Therefore, it is of great significance to clarify the type of securities market administrative penalty for the development of securities business.