论文部分内容阅读
对赌协议是私募股权基金在股权投资中常用的估值调整手段,其本质为射幸合同。其虽能有效解决投融资中关于公司估值的争论,但由于具有高风险性,加之我国对此缺乏具体规范,在具体适用时容易引发法律风险。针对对赌协议存在的不同运作模式及风险,本文通过提出相应的风险控制策略,以期为企业发展及金融业务创新提供风险防范对策。
Agreement on betting is a commonly used means of valuation adjustment of private equity funds in equity investment, the essence of which is Shukong contract. Although it can effectively solve the controversy about the company’s valuation in the investment and financing, due to its high risk and the lack of specific norms in China, it is easy to cause legal risks when applicable. In view of the different operation modes and risks existing in the agreement of gambling, this article puts forward the corresponding risk control strategies in order to provide risk prevention countermeasures for the development of enterprises and the innovation of financial services.