투자전문회사 업무집행사원의 권한남용 통제

• 영문명: Control of Authority Abuse by Managing Partners
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 양기진(Gi-Jin Yang)
• 간행물 정보: 『비교사법』比較私法 제14권 제3호(상), 369~397쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.09.29

영문 초록

  This paper is focused on the matter of controlling authority abuse by managing partners(‘Ummu-Giphaeng-Sawon’) of Korean private equity fund(‘Tu-Cha-Cheon-Mun-Hoe-Sa’).
  Korean private equity fund should be only Korean limited partnership(‘Hap-Ja-Hoe-Sa’) under ‘Act on Business of Operating Indirect Investment and Assets’(hereinafter as Indirect Investment Act).
  Managing partners of Korean private equity funds have a lot of discretion in operating funds. Therefore, we need to build various mechanism for controlling managing partners. In relation to this issue, two ways are possible.
  First, it should be clear that the duty of attention of managing partners may be allowed to be changed in articles of association and so on. Managing partners will have incentive to reveal the clashing problems to other partners in advance in order to get their approval and exemption. However, preliminary and comprehensive exemption must be allowed. In most cases, the managing partner is not a natural person but a company. Therefore, duty of attention of managing partner’s executives shall be dealt with together.
  Second, Korean private equity funds need more elaborate contract clauses which limit opportunistic behaviors of managing partners. As managing partners have much discretion on fund management, it is natural that the other partners who have invested bid fortune worry about and prepared against managing partners’ discretion abusing.

목차

Ⅰ. 서론
Ⅱ. 주의의무의 부과
Ⅲ. 계약적인 통제
Ⅳ. 결론
【참고문헌】
[Abstract]

키워드

투자전문회사 업무집행사원 기회주의 행위준칙 충실의무 파트너십 계약 정관 Private Equity Fund PEF Managing partner Opportunism Duty of Loyalty Partnership Agreement Articles of Association