事关股权回购，监管最新提示！

Core Viewpoint - The article emphasizes the need for private equity and venture capital funds to adopt a long-term investment approach and to negotiate amicably with startups regarding buyback agreements, especially in light of recent challenges faced by both startups and funds due to buyback triggers [1][2]. Summary by Sections Regulatory Guidance - The China Securities Investment Fund Industry Association issued a notice urging venture capital institutions to engage in friendly negotiations with startups to resolve conflicts of interest and support their growth [1]. - The notice highlights the importance of setting reasonable buyback terms and avoiding practices that deviate from the nature of equity investment [2]. Buyback Agreement Trends - There has been a significant increase in the proportion of equity buybacks as a means for private equity funds to exit investments, reflecting a growing trend in the industry [2]. - In the first ten months of 2025, there were 1,745 buyback events, a 17.46% decrease from 2,114 events in the same period of 2024, with institutional sellers participating in 79.94% of these events, up from 58.61% in 2024 [3]. Flexible Buyback Terms - Some venture capital firms are exploring more flexible buyback terms, such as a "two-year assessment" mechanism, where failure to meet targets for two consecutive years may lead to valuation adjustments, and a buyback trigger after four years of non-compliance [3]. - New models have emerged, including the replacement of original buyback obligations through equity in newly established companies by founders, which has gained recognition from state-owned limited partners [3]. Legal and Industry Developments - Recent legal clarifications from the Supreme People's Court address frequent disputes over buyback agreements, specifying types of buybacks, litigation procedures, and new provisions for auctioning shares [3]. - The industry is encouraged to find a balance between risk control and innovation, which is seen as a critical challenge for future development [4].