This case involves disputes such as the validity of deficit coverage commitments issued by other third parties designated by private equity fund managers, and whether investors’ losses are premised on fund liquidation. Adhering to the penetrating trial thinking, the second-instance court correctly determined the validity of the relevant acts, protected the rights and interests of investors in accordance with the law, and maintained the order of the private equity fund product market. This case was selected as one of the Top Ten Financial Trial Cases of Jiangsu Courts (2021-2023).<\/p>\n
In the first instance, the court held that the fund involved had not been liquidated, the amount available to investors was undetermined, and the deficit coverage amount could not be confirmed either, thus dismissing all claims of the investors. In the second instance, the agent team further argued that it should not be mechanically determined that investors’ losses are uncertain solely because the fund has not been liquidated. The court adopted this appeal opinion, and then insisted on the penetrating trial thinking. In accordance with the spirit of the Financial Trial Meeting Minutes, it determined that the deficit coverage commitment made by the deficit coverage party designated by the manager was also invalid. However, considering the degree of fault of the deficit coverage party, it ultimately ruled that the party should bear all the principal and interest losses of the investors.<\/p>\n
Despite losing the first instance and even facing effective unfavorable similar cases, the handling lawyers persisted unremittingly, reversed the defeat, and fully safeguarded the interests of the listed company.<\/p>\n","protected":false},"author":1,"featured_media":0,"template":"","meta":{"_acf_changed":false},"case-category":[315,304],"case_tag":[428,429],"class_list":["post-2404","case","type-case","status-publish","hentry","case-category-first-national-case","case-category-304","case_tag-validity-of-deficit-coverage-by-entities-designated-by-fund-managers","case_tag-determination-of-investors-losses"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.zhenghan.com\/en\/wp-json\/wp\/v2\/case\/2404","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.zhenghan.com\/en\/wp-json\/wp\/v2\/case"}],"about":[{"href":"https:\/\/www.zhenghan.com\/en\/wp-json\/wp\/v2\/types\/case"}],"author":[{"embeddable":true,"href":"https:\/\/www.zhenghan.com\/en\/wp-json\/wp\/v2\/users\/1"}],"wp:attachment":[{"href":"https:\/\/www.zhenghan.com\/en\/wp-json\/wp\/v2\/media?parent=2404"}],"wp:term":[{"taxonomy":"case-category","embeddable":true,"href":"https:\/\/www.zhenghan.com\/en\/wp-json\/wp\/v2\/case-category?post=2404"},{"taxonomy":"case_tag","embeddable":true,"href":"https:\/\/www.zhenghan.com\/en\/wp-json\/wp\/v2\/case_tag?post=2404"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}