Legal analysis: The transfer of a private equity fund company means that the fund company transfers all its business activities (including all its assets and liabilities) or its independent accounting branches to another enterprise without dissolution, in exchange for the equity (including shares or stocks) representing the acceptance of enterprise capital, including corporate shareholders of a joint-stock company buying shares from the joint-stock company with all its business activities or its independent accounting branches. In principle, the overall asset transfer of an enterprise should be divided into two economic businesses: fair value sale and investment for income tax treatment, and the gains or losses of asset transfer should be calculated and confirmed according to the regulations.
Legal basis: Article 14 of the Interim Measures for the Supervision and Administration of Private Equity Funds, private equity fund managers and private equity fund sales organizations shall not raise funds from units and individuals other than qualified investors, and shall not publicize and promote them to unspecified objects through public media such as newspapers, radio, television and the Internet, or lectures, reports, analysis meetings and notices, leaflets, short messages, WeChat, blogs and emails.