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私募股权创投基金设置股权回购条款时应科学合理,退出目标综合多元 中基协发文引导耐心资本化解股权回购困局
Zheng Quan Ri Bao· 2025-12-03 16:17
Core Viewpoint - The China Securities Investment Fund Industry Association has issued a notice urging private equity and venture capital funds to set reasonable equity buyback terms, emphasizing the need for long-term planning and resolution of conflicts of interest to support the growth of real enterprises [1][2]. Group 1: Industry Development - The private equity and venture capital industry in China has been steadily developing, acting as a representative of patient capital and contributing positively to high-quality economic development through its roles as incubators, accelerators, and promoters of technological innovation [2]. - The application rate of equity buyback clauses in domestic primary market investment activities has exceeded 90%, serving as a risk buffer for private equity funds while incentivizing founders to focus on long-term value creation [2][3]. Group 2: Challenges and Issues - The issue of equity buybacks has become a focal point in the market, with some startup technology companies facing financial and developmental pressures due to triggered buybacks, leading to difficulties in exit strategies for private equity funds [3]. - The notice highlights that the buyback issue is a significant challenge for private equity funds, as enforcing buyback rights can lead to insolvency or bankruptcy for companies unable to meet these obligations [3][4]. Group 3: Guidelines and Recommendations - The notice requires private equity funds to set equity buyback terms that are scientifically reasonable and to avoid using buyback arrangements for non-private fund investment activities [3][4]. - It encourages fund managers to communicate effectively with investors and stakeholders when buyback conditions are triggered, and to assess external factors such as macroeconomic conditions and industry policies [4]. - Fund managers are advised to negotiate amicably with buyback obligors, potentially adjusting buyback targets, extending buyback periods, or lowering buyback rates to resolve conflicts and support the growth of real enterprises [4][5]. Group 4: Balancing Responsibilities - Fund managers must balance diligence and flexibility, ensuring that any measures taken to provide relief to companies are communicated transparently to investors to avoid potential legal or regulatory repercussions [5]. - Companies and their controlling shareholders should focus on improving core business operations and maintaining transparency to rebuild trust and restore buyback capabilities [6].
中基协发布提示 鼓励私募股权创投基金设置多元退出目标 严禁明股实债
Core Insights - The China Securities Investment Fund Industry Association has issued a guideline encouraging private equity and venture capital funds to set reasonable equity buyback terms, emphasizing long-term investment and value creation [1][2][3] Group 1: Guidelines for Private Equity and Venture Capital Funds - The guideline encourages fund managers to adopt a long-term investment philosophy and enhance their capabilities in value discovery, active management, and valuation [1][2] - Funds are advised to ensure that buyback arrangements are scientifically reasonable and do not engage in non-private fund investment activities such as disguised debt [1][2] - The guideline emphasizes the importance of communication among fund managers, investors, and buyback obligors, especially in assessing external factors like macroeconomic conditions [2][3] Group 2: Impact on Investment Relationships - A healthy development of the private equity and venture capital industry relies on positive investment and financing relationships, avoiding zero-sum strategies that could damage trust between entrepreneurs and investors [3][4] - The guideline encourages funds to negotiate amicably with buyback obligors, considering adjustments to buyback targets and terms to support struggling enterprises [3][4] - The focus is on guiding capital to play the role of "investor" and "partner," sharing the risks and rewards of enterprise growth [4]
中国证监会机构司司长赵山忠:持续完善适配科创企业发展的监管制度和市场生态
Zheng Quan Ri Bao· 2025-09-19 15:45
Group 1 - The core viewpoint emphasizes the continuous deepening of capital market reforms by the China Securities Regulatory Commission (CSRC) to support the development of technology innovation enterprises [1] - The CSRC has implemented various policies, including the "National Nine Articles," to promote long-term capital inflow into the market and enhance the regulatory framework for technology innovation [1][2] - The focus is on creating a favorable capital market ecosystem that encourages long-term investments, particularly from insurance funds and pension funds, to support technology innovation [2] Group 2 - The financing side has seen reforms in issuance and listing processes, making it easier for technology innovation enterprises to go public without the requirement of sustained profitability [3] - The number of significant asset restructurings among technology innovation enterprises has increased since the introduction of the "Six Merger Articles," indicating a more active merger and acquisition environment [3] - The capital market's investment and financing reforms are gradually enhancing the support system for technology innovation, fostering a virtuous cycle among technology, industry, and finance [3] Group 3 - Public funds are recognized as a crucial force in supporting technology innovation, with the CSRC promoting the development of equity funds and guiding the industry towards a return-oriented approach [4] - As of August this year, the scale of public fund management and equity funds has significantly increased compared to the beginning of the year, contributing to a stable capital market and the growth of residents' wealth [4] - The positive cycle of capital market stability and technology innovation development is accelerating [4] Group 4 - Private equity and venture capital funds are identified as key drivers of technology innovation, providing essential funding and facilitating resource integration through mergers and acquisitions [5] - The CSRC has been actively reforming the private equity and venture capital sector to optimize the ecosystem and enhance the support for technology innovation [5] - Over 90% of companies listed on the Sci-Tech Innovation Board and more than half on the Growth Enterprise Market have received capital support from private equity and venture capital funds, indicating a strong investment trend in early-stage and hard technology [5]