جستجوی مقالات مرتبط با کلیدواژه « limited partnership » در نشریات گروه « علوم انسانی »

Venture capital is a type of financing and one of the financial institutions of the capital market that deals with financing combined along with the technical management of knowledge-based companies. The context of this method of financing focuses on investing in property based on innovative ideas aimed at commercializing them. It is important to examine the structure of this financial institution, which is formed in the form of a ‘venture capital fund’. Because it is the structure of the fund that determines the overall framework of its activities and draws the rights, duties and responsibilities of its pillars and which, among other things, clarifies the answers to these questions, firstly, what is the overall framework of the fund and its components; Secondly, the financing is provided by which group of partners, and on the other hand, by whom is the fund managed And thirdly, what is their level of responsibility; The results of this study indicate that in that in American and British law, the venture capital fund has a kind of non-corporate structure_ versus the organization of the commercial company_ knows as limited partnership. In domestic law, the mentioned structure is also the basis of adaptation. The structure is formed from two components of limited partners and general partners; Limited partners are responsible for financing and have limited liability and general partners manage fund operations and have unlimited responsibility.

The general, proportional, and limited partnerships are deemed as revocable and death or incapacity of their shareholders each would hamper their persistence. So presumption of revocability of these partnerships as a contract emerges, but many reasons suppress this presumption. That contract is principally deemed as binding; so the shareholders’ withdrawal or expulsion from the partnership would not be possible. However, possibility of revoking the partnership’s contract as well situation of the partnership contract at the exposure of dissolution with the death or incapacity of the shareholders each brings about various questions and ambiguities on consequences of these happenings particularly on the creditors’ rights. This analytical research shows that despite analyzed special regulations, these partnerships are still deemed as binding. Revocability does not make them non-binding. Besides, death or incapacity of one of the shareholders (general partners at the limited partnerships) although puts them at the exposure of dissolution but does not inevitably lead to their dissolution. However, in some situations, on decision to dissolve the partnership or to keep it persisting, creditors lose the demised shareholder’s responsibility in respect to what the partnership owes them in case of its dissolution and its insolvency for payment of its debts to creditors.

One of the bank contracts which is significant in both allocation and equipping of sources is limited partnership contract. The agent in this contract is considered as trustee and his claim on termination of stock without being excess or negligent is accepted. He would be agent‘s associate in both benefits and losses. Therefore this contract won’t have an economic justification in banking operations، so in order to keep limited partnership contract in banking contracts and also put the liability of stock on the agent، the Islamic researchers have suggested some solutions like condition of liability to be brought as an implicit alternative contract. However، two aspects are to be considered for validity of condition of liability; first، it should not be against the exigency of the contract of liability and second it should not be opposing with Quran and narrations. Although some are arguing about the nullity of condition of liability if it is against the exigency of contract، we will try to review and discuss about that theory based on narrations and approaches of lawyers and Islamic scholars and finally we would suggest a new theory which is called “disaccord of condition of liability with Quran in limited partnership contract”.