News

Introduction: On the afternoon of July 13, 2019, the Launch Ceremony of New Product Line of Docvit Private Equity Fund Dispute Resolution & Seminar on Private Equity Fund Hot Dispute Resolution Under the Background of the Reconstruction of Financial Landscape were successfully held. LI Wei, Associate Dean and Associate Professor of Law School of Central University of Finance and Economics, XU Changlong, Ph.D. of Criminal Procedure Law of China University of Political Science and Law, lawyer LIU Guangchao, director of Beijing Docvit Law Firm, lawyer SHI Guanghu, senior partner of Beijing Docvit Law Firm and QIAO Zhaoshu, senior partner of Beijing Docvit Law Firm attended the news conference. More than 50 senior executives and in-house counsels from private equity firms and financial institutions, attended the news conference. 

At the news conference, director LIU Guangchao delivered a speech. He elaborated the original intention of research and development of the product line of private equity dispute resolution and the characteristics of professional legal services of Docvit. He said that with the overall trend of the national economic development, the economic downturn will have a certain impact on the private equity industry - the industry survival environment will become more complex. Although the outbreak period of private equity disputes may not have come completely, there are obvious signs. Therefore, Docvit developed a legal service product line for the field of private equity fund dispute resolution. 

Director LIU stressed that the unique advantage of Docvit lies in its professional services, which aims to make invisible legal services into tangible legal services and fragmented legal services into systematic legal services. So far, Docvit has developed 16 series legal service product lines. Last week, the central SOE compliance product line was released. This is the second launch of the new product line, and the third bond default dispute resolution product line will be released in August. We look forward to the presence of experts and scholars. 

Difficult Criminal Problems in Private Equity Fund 

Prof. LI Wei, Associate Dean and Associate Professor of Law School of Central University of Finance and Economics, delivered a keynote speech on the difficult criminal problems and the intersection of criminal law and civil law in private equity fund. Starting from the process of private equity fund, Prof. LI made a detailed interpretation and analysis of the criminal problems involved in various links of fund-raising, investment, management and withdrawal of private equity fund. As for the core issue of private equity fund and illegal fund-raising, attention should be paid to whether the means of fund-raising are open, whether the object of fund-raising is a specific qualified investor and whether the commitment to repaying the principal and interest or paying the return is made to the investor. 

Later, Prof. LI Wei, Dr. XU Changlong, director LIU Guangchao and lawyer SHI Guanghu jointly unveiled the new product line of Docvit private equity fund dispute resolution. 

Hot Issues about Private Equity Fund Disputes Under the Background of the Reconstruction of Financial Landscape 

Lawyer SHI Guanghu, senior partner of Beijing Docvit Law Firm, shared his opinions on hot issues about private equity fund disputes under the background of the reconstruction of financial landscape exclusively. Lawyer SHI has made in-depth interpretation of the five aspects of "rights game and dispute resolution between LP and GP, analysis of operability and key and difficult points of LP derivative litigation, study on legal effect of private equity fund VAM, interpretation of hot issues about struggle for private fund control, and enforcement recognition of combination of fake equity, real debt and warranty of alienation" in combination with relevant cases. 

Key Legal Issues in the Withdrawal Stage of Private Equity Fund 

Lawyer QIAO zhaoshu, senior partner of Beijing Docvit Law Firm, explained the five core issues of "delisting, withdrawal from M&A, withdrawal through agreement, withdrawal of stated-owned fund and withdrawal through liquidation" detail by detail from the non-litigation field, and interpreted and analyzed the key legal issues in the withdrawal stage of private equity fund in an all-round way combined with the development status quo of current industry, relevant laws and regulations and typical cases. 

Eight Criminal Procedure Problems of Illegal Fund-raising 

XU Changlong, Ph.D. of Criminal Procedure Law of China University of Political Science and Law, delivered a keynote speech titled Eight Criminal Procedure Problems of Illegal Fund-raising. Dr. XU made an in-depth analysis of the eight criminal procedure problems of identification of "illegality" and administrative law enforcement and judicial procedure connection, unit crime and subjective intent identification, evidence collection and amount of crime identification, cross-regional jurisdiction and case-handling mechanism, disposal of property involved in case, criminal policy combining punishment with leniency and protection of rights of fund-raising participants and legal responsibilities of state functionaries from a professional academic point of view and combined with relevant cases. 

Free Exchange 

At the meeting, the participants had a heated discussion on the hot issues in the field of private equity fund, such as "the intersection of criminal law and civil law and the identification of duty-related crimes in private equity fund disputes, the way to resolve the conflicts in cross-border private equity fund disputes, investor run risk and crisis handling, how LP can help itself in private equity fund disputes, and how GP and LP can resolve the control game disputes".