A Comparative Study on Legal Issues Relating to Private Equity Fund

• Main Authors: Kung-Che Tai, 戴功哲
• Other Authors: none
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/42340911632504060195

碩士 === 東吳大學 === 法律學系 === 95 === Abstract The study focuses primarily on legal issues regarding “The Private Equity Fund”. Such study is first approached by describing the recent case of “The acquisition of Carlyle Group and ASE Semiconductor Group” and by employing comparative legal study method. Among other things, it analyzes how the foreign private equity fund might affect the Taiwan market and local legal system. And, it overhauls the government’s legal policies and the regulations about foreign investment. In particular, it makes an attempt to finish a viable proposition for further improvement to the current legal system by referencing certain foreign regulatory mechanisms. This thesis consists of the following seven chapters﹕ Chapter I illustrates the motives, methods, limitations, realm and expected conclusion of this study. Chapter II describes and analyzes the acquisition of the foreign private equity fund of Carlyle Group and the ASE Group. And also analyze the policy of government, and the potential affect about this investment. Chapter III mainly introduces the definition of “private equity fund”. And it compares the concept with “Hedge Fund” and “Venture Capital”, attempts to clarify those different notions and provides in-depth cognition of those nouns. Chapter IV interprets the risks about private equity fund and the affection to the market. This chapter includes two different parts— the risks caused by the private equity fund and those undertaken by the private equity fund. Chapter V presents an overview of foreign legal systems relate to the private equity fund. This chapter also depicts the situations of the private equity firms invest in other countries. Chapter VI puts forth certain arguments for improving the current legal scheme of governing the private equity fund by referencing foreign regulatory mechanisms. Chapter VII summarizes the said issues as well as propositions that reflect and support this study’s conclusion.