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Private Equity Fund Legal Risk Prevention and Dispute Resolution Exchange Meeting Successfully Held in Jinan Fund Building

Published:

2021-04-13

On December 4, 2020, it was the seventh "National Constitution Day". The exchange meeting on legal risk prevention and dispute handling of private equity funds with the theme of "prevention of micro-concerns, compliance first" co-sponsored by Shandong Law Society Corporate Commercial Law Research Association, Jinan Fund Building, Zhongcheng Qingtai Law firm, Shandong Private Equity Fund Industry Association and Jinan Fund Industry Association was successfully held in the Fund Building.

Geng Guoyu, Vice President of Shandong Law Society Corporate Business Research Association, President of Jinan Lawyers Association, Director of Zhongcheng Qingtai (Jinan) Law Firm, Guo Guangying, Deputy Secretary-General of Shandong Private Equity Investment Fund Industry Association, Secretary-General of Jinan Fund Industry Association Li Xiaohua, Zhongcheng Qingtai (Jinan) Law Firm Fund Business Center Director Zhang Jian, Jinan Fund Building operator represented Shengchuang Group Chairman Wang Xingguo and Jinan Fund Building General Manager Zhang Sai attended the meeting. More than 70 fund management agencies participated in the exchange.At the beginning of the meeting, Geng Guoyu, director of Zhongcheng Qingtai (Jinan) law firm, delivered a speech. Director Geng Guoyu said that in recent years, it has been a period of rapid development of private equity funds in the province, and private equity funds, an important investment and financing tool, are increasingly recognized and selected by capital markets and investors. With the rapid development of private equity funds, many risks and disputes in the field are gradually emerging, and it is necessary to strengthen exchanges among peers in the field of funds to jointly discuss the legal practices in the process of fund operation and the handling of legal disputes, so as to promote the private equity industry to "prevent micro-concerns and go ahead with compliance".

Zhang Sai, general manager of Jinan Fund Building, said that risk control compliance is the theme of the fund industry, but legal disputes will inevitably arise in actual business operations. The main purpose of organizing this activity is to improve the legal compliance awareness of fund management institutions through the case sharing of legal risk prevention and dispute handling of private equity funds, so as to promote the healthy and healthy operation of private equity funds.Lawyer Zhang Jian shared a lecture on the theme of "Risk Prevention and Non-litigation Handling of Disputes in Private Investment Funds. Lawyer Zhang Jian pointed out that to prevent the risk of private investment funds, we must first have an in-depth understanding of relevant laws, administrative regulations, departmental rules, and industry self-discipline rules, and design contract terms for laws, regulations and industry norms. Investors should strengthen the post-investment management of the fund, and the fund should strengthen the post-investment management of the invested projects, and fix and retain relevant evidence through various forms.Lawyer Hu Youbin shared the topic of "Private Investment Fund Dispute Litigation and Case Analysis. Through cases such as direct investment funds, fund entrusted loan disputes and limited partner representative litigation, Mr. Hu Youbin made an in-depth analysis of the application of the law in private investment fund disputes, the difficulty of proof, and the attribution of relevant rights and interests and the payment of fees after winning the case.Lawyer Deng Pu shared the theme lecture of "Analysis of Judicial Disputes on Special Investment Provisions of Private Investment Funds". Lawyer Deng Pu analyzed in detail the controversial issues such as "gambling and repurchase clauses", "guaranteed commitment" and "criminal risk clauses", emphasizing that fund institutions should pay special attention to the design of clauses and protect their own rights in the actual business development.