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私募基金,是指不采用公开方式,而通过私下与特定的投资人或债务人商谈,以招标等方式筹集资金,其实质是一种私募融资。其形式多样,取决于当事人之间的约定,如向银行贷款,获得风险投资等。私募融资分为私募股权融资和私募债务融资。私募股权融资是指融资人通过协商、招标等非社会公开方式,向特定投资人出售股权进行的融资,包括股票发行以外的各种组建企业时股权筹资和随后的增资扩股。私募债务融资是指融资人通过协商、招标等非社会公开方式,向特定投资人出售债权进行的融资,包括债券发行以外的各种借款。由于私募基金都是由私人创办,自有资本少,且人数不多,投资者委托理财后,收益完全是靠私募基金经理的个人表现甚至道德水准,面临的市场、操作、法律和信誉等方面风险都很大。其法律风险主要有以下几点。1、投资有可能被骗。2007年宁夏“私募基金”诈骗案
Private equity refers to the private financing instead of the public way, but through private negotiation with a specific investor or debtor and by way of bidding. Its various forms, depending on the agreement between the parties, such as loans to banks, access to venture capital and so on. Private equity financing is divided into private equity financing and private debt financing. Private equity financing refers to the financier financing the sale of the equity to a specific investor through non-social public consultation such as negotiation and bidding, including the equity fund raising and the subsequent capital increase and share enlargement during the formation of various enterprises other than the stock issuance. Private equity financing refers to the financier’s financing of selling creditor’s rights to certain investors through non-social public consultation, bidding and other non-public ways, including various loans except bond issuance. As private equity funds are founded by private individuals with few private capital and a small number of investors, after entrusting financial management, the returns are entirely based on the personal performance and moral standard of private equity fund managers, the markets, operations, laws and credits they face The risks are great. The legal risks are mainly the following points. 1, investment may be cheated. 2007 Ningxia “Private Equity ” fraud