Organizations, Deals and Regulations of Private Equity Fund ─ Concurrently discussing Public-to-Private Transaction

Since the buyout of ASE Global announced by the Carlyle Group in November, 2006, the private equity transaction have drawn the public attention and caused a heated debate on regulations in Taiwan for a long time. From the perspective of globalization and highly-flow of international capital, we should stimulate investments from foreign capital to further enhance the global market shares and competitiveness of companies in Taiwan.his thesis aims to provide related analyses and recommendations, based on research through comparative laws and cases and the private equity industry worldwide, to establish an integrated supervision and review system regarding leveraged buyouts and public-to-private transaction conducted by foreign private equity funds. t starts with the basic conception of “private equity” and “private equity fund” with its definition, types, organization, contracts and investment strategies, and then describes the probable issues of risks and regulations derived from investments conducted by private equity funds. By referring to the comparative laws, it focuses on the issues of “disclosure” and “public-to-private transaction.” Furthermore, based on the three recent cases of Delaware Courts in U.S., it analyzes the practical and material issues to which courts would pay more attention. Finally, as to the framework of financial regulation concerning private equity transaction in Taiwan, it provides certain recommendations on the basis of the previous studies in this thesis.