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Spread-betting agreement overturned alarming VC/PE should return to the value investment

AG亚游官网appAlthough the claim of suzhou rich in support of the second instance, but ShengGaoYuan judgment basis in gansu province in gansu province is not the violation of the agreement constant spread behavior, but the sea to suzhou rich "called investment actually lending" qualitative and "QianZhaiHaiQian" the basic principle agreement both at home and abroad-spread-betting VC/PE industry often benefit protection measures, in YiErShen process are not conforms to our country to the company law, contract law, and other laws and regulations by the judge as invalid, suzhou sea rich cannot spread in accordance with the agreement, the higher compensation.

This results in the very great degree that, at present domestic VC/PE in investment signed with enterprise performance spread-betting agreement, when in case of disputes may not get the recognition and protection of Chinese law. If so, everybody to seriously think about it, why would cause such spread-betting agreement impact? Whether it could ensure investment package earn not to compensate? If no matter use the spread, investment and what to do when?

The scientific name is spread agreement Valuation Adjustment Mechanism (valuations Adjustment Mechanism), this has a variety of subject matter and methods of operation. The agreement signed by both parties of the investment intention, on the one hand, the enterprise to create better incentives business performance, on the other hand, in the information asymmetry in order to control risk, the enterprise according to the actual situation to adjust the valuations. Mongolian cow, countless visitors, TaiZiNai, chinahr.com...... We can give a lot of investors for obtaining high return, spread agreement entrepreneurs who lost their company's real cases, thus can say, with its popular spread-betting agreement Chinese translation, was painted with a strong emotional color, also because it is in China, its application gradually the sample taking.

AG亚游官网appVC/PE hand money to provide most of LP, and responsible for larger exit return pressure; And not yet on the market the enterprise growth process and face industry, policy, team and uncertainty factors, make investment the possibility of losing money is great. In the past few years, the PE to chase after hold in both hands let many enterprise by hot heads, trying to investors for and high performance commitment, melts to more money; Many lack professional experience for investment to project as soon as possible, and give up the thorough due diligence, choose through the high shares and spread the equity of the terms have enterprise, and for the enterprise spread-betting failure compensation, as the stop loss even profit the last straw.

AG亚游官网appIf the enterprise can meet the schedule its earnings to grow rapidly and listed, you can be happy to cash money to nature, but if industry and capital market environment appears changes, the subsequent trouble there-enterprise lose money, business will face greater difficulties and make investors lose their returns opportunity; Enterprise compensate equity, investors will be forced into big shareholders, and its and may not be able to take out of turn the better method. And further, by cannot achieve the objectives defrauded investors funds, the future not only won't cash performance commitment, also actively leave a mess as compensation, even if spread-betting agreement to write how assured, investors also impotent.

Therefore, VC/PE still should return to the origin of the value investment, in the pre-project due diligence on do more investment, don't blindly follow enterprise the optimistic forecasts, causing capital bedding bag. Spread again, compensation, complete agreement terms and attractive, is the means of incentive and compensating measures can't ensure enterprise smooth growth, investors make a lot of money. The real good investors, should not be lost in the paper spread out the riches and honour agreement, or focus on how high do more rational industry research, judgment, help enterprise to solve some practical difficulties, please.

Hits:  UpdateTime:2012-06-13 11:30:51  【Printing】  【Close
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