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A Study on the Corporate Governance of AMC

Author: JiaJingTao
Tutor: WangJiJun
School: Shanxi University
Course: Civil and Commercial Law
Keywords: AMC law position corporate governance law supervision on AMC
CLC: D922.29
Type: Master's thesis
Year: 2006
Downloads: 134
Quote: 2
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Abstract


Asset management companies (hereafter referred to as AMC) is a state-owned finance institution which purchase the non-performing loans (hereinafter referred to as the NPLs)of state-run bank, manage and handle NPLs of state-run bank.The establishment and operation of AMC is drawn lessons from international experience. It is an important measure taken in the reformation of our country’s financial system. It aims to handle the NPLs of state-run commercial banks, also to take precautions against domestic financial risk and resist international financial disturbance.The AMCs of our country shoulder the important history mission and can not carry on without law.Pass by seven years of operation, four AMCs obtained some effect and accumulated some experiences, but alsoexposed many problems.Especially at present ,AMCs face with key time of business change,these problems are huge shackles. Among them, the most important problems are single PropertyRights structure and abnormal company management structure.Along with AMC’s work of handling NPLs pushing forward continuously , reforming PropertyRights system and perfecting company management structure become the problems that need to be resolved urgently.Therefore, researching of AMC’s about corporation management structure from the law angle is very important.This text try to discuss AMCs corporation management structure from the law angle,its main contents include: Chapter 1 discuss AMC’s law position through the analysis of AMCs creation、 value target and future development direction. Exactly understanding the AMCs law position is the premise of the research. Chapter 2 put forward the suggestion to AMC’smanagementstructure based on experience of overseas AMC and modification about company manage structure in new"company law" . Chapter 3 analyzed the lack of exterior monitor and management of our country’s AMC,that is to say it lack valid law support and effective monitor and management, elaborate AMC’s law problem about exterior monitor and management. IN the text following several research methods are used: first is analytical research method in theories: in order to analysis abuse of AMC in our country accurately, we must carry on the research to the foundational theories of domestic and international company manage structure, then combine the concrete circumstance of AMC to carry on the analysis, thus get a conclusion, secondly is an analytical research method of substantial evidence: this text try hard to combine theories and substantial evidence together, in the process to analyze the abuse of AMC,combine actual circumstance to support analysis of theories . Finally is comparatively analytical research method: this text carry on the research in the manage structure of AMC in some overseas country^ the development trend^ law environment and otherwise belongings, compare and sum up the apocalypse for reference , in order to establish a frame of reference ,so that AMC in our country can run effectively.

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