The Operation and Exit of Private-equity Investment in China

">developing of the growing SMEs and private
According to the report of TRI.TOenterprises; to offer Pre-IPO support for Chinese
TRI.N,the global news and informationenterprises before they becoming a listed enterprise;
provider,on July 7th , Chinese enterprisesto join the reorganization of corporations and banks.
have attracted 2.6 billion dollars Privately OfferedIn the wave of the reform and privatization of
Fund Investment in the first half of this year, whichstate-owned enterprise, the restriction on PE
accounts for 36 per cent of the total Privatelyinvestment is loosening. There are possibilities that PE
Offered Fund Investment in Asian and Pacific regioninvestment may develop into obtaining control from
and China has got the maximum benefit fromminority stake investment. Furthermore, it is a good
Privately Offered Fund in Asian and Pacific regionchoice for PE investing in the bad loans and real
ex-Japan. Private-equity Investment carries a greatestates.
financial support for Chinese Small and MediumThere are three main organizational forms of PE
Enterprises’ financing. Many policies, laws andinvestment in China: trust system, limited partnership
directives have been set in place by Chineseand the company style among which the trust plan is
government to encourage Private-equity Investment.the typical style of YANGGUAN PE . The
Private Equity, (hereinafter as“PRC Partnership Enterprise Law”
“PE”), means to make an equityhas become the legal guidance for the establishment
investment in private enterprises (namely unlistedand operation of PE. The strategy is more flexible for
enterprises) by private form, and during thecorporate-style PE and the operation must be more
transaction process, exit strategies are took intoformal and standard under the framework of
consideration, that is, to sale shares to get profitscorporation.
through listing, merger and acquisition, buy-back formLaws in China Encouraged foreign merchants to
by strata of management, and so on. In China, PEinvest venture enterprises. A lot of preferential tax
mainly refers to the Private-equity Investment of thelaws applied to foreign capital have been enacted.
mature enterprises that have formed a certain scaleVenture Investment Enterprises may take the
and had a steady cash flow.organizational form of a non-legal person entity or a
After accession to WTO, China’s retailcompany. Moreover, more and more PEs set up
trade, financial industry and telecom industry etc.offshore company to evade tax or register a hi-tech
have been open to foreign and private capital. Ascompany to enjoy the preferential tax policy at tax
one member of the BRICs, the sustained and rapidhavens.
growth of Chinese economy contains a hugeCapital Market in China is improving day by day, and
opportunity for investment. With the development ofPE withdrawal mechanism is being improved too. The
the economy, China’s infrastructureestablishment of SME Board in May 2004 was
construction is strengthening gradually, theregarded as a prelude to the Growth Enterprise
information level is increasing greatly and the hardMarket(GEM). October 23rd, 2009, GEM opening
environment for investment is perfecting. With theceremony was held in Shenzhen Stock Exchange,
revising of Company Law of the People’swhich provided a normal withdrawal mechanism for
Republic of China and Securities Law of thePE. China encourages small and medium sized SOE
People’s Republic of China, the legal systemcarry out MBO(management buy-outs). Also, that is a
is improving gradually. That the rapid development ofgood way for withdraw of PE.
China’ economy and the improving of theIn conclusion, the fast development of China provides
investment environment have been a huge drivingforeigners an extensive stage, and laws were
force to attract PE.encouraging PE to finance SMEs. These are the most
China is improving the investment environmentimportant factors to attract huge PE investment on
gradually while spurring its economy to developChina enterprises. At present, China laws on operation
rapidly during the period of industrial transition. That isand exiting mechanism for PE are being perfected.
a favorable opportunity for PE. Nowadays,We believe that the economic and market
PE’s major business areas in China include: toenvironments will continuously get improved. PE shall
provide financial support for the merging andhave a brilliant prospect in China.