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On the investment fund governance structure on the protection of the interests of fund holders

Author: DingHui
Tutor: LiKang
School: East China University of Politics and Law
Course: Economic Law
Keywords: Corporate Governance of Investment Fund Protection of Rights and Interest for the Investment Fund Holder
CLC: D922.29
Type: Master's thesis
Year: 2007
Downloads: 142
Quote: 2
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Abstract


From 90s’ of 20 Century, the shining star in the global capital market is the investment fund( here after in referred as "IF") and it develops rapidly in USA than the other countries in the world. The important reason of the successful for IF in USA is that there is a good governance structure for IF. The protection of investors is the key task for the development of the capital markets for all countries and it is the foundation of the survival and development for IF.Our IF started in 90"s of 20 Century when it prompt quickly in the world and did not grew smoothly in China. The magazine, ’Finance & Economies’, made a report of ’The Black Story of The Investment Funds ’on October 2000 which disclosed the illegal deeds of the fund management companies that were harmful to the IF holders/investors. It discovered that there were a lot problems of the governance structure for our contact securities IF and fund management companies. Our IF expanded very fast and the market was flourishing in these years. But only basing on the protection of the IF holder / investor radically, the securities market would keep developing healthy.The thesis would like to discuss the protection of the IF holder from the IF governance structure, and expects that would bestead to the research and practice of the protection for the IF holder.The thesis hasForward and six chapters as below:The Forward introduces the background and research status of the topic.The first chapter summarize the IF’s source, conception, type, characters and the reasons of the risk for the IF holders.The second chapter analyses the legal relationship of IF and its subject and object.The third chapter introduces the IF governance structure and its models as well as the independent director system.The fourth chapter discusses the rights of the IF holder and the obligation of the IF trustees. The fifth chapter studies the legal liabilities for disobeying and damage of the rights and interests of the IF holder and the justice protection for the IF holder.The sixth chapter is the suggestion of the protection for IF holder. It discuss to perfect the IF holders conference system and the independent director system for the contact IF and suggest to strengthen the obligation of the trustees to avoid the moral risks, the better justice protection for the IF holder and the compensation fund, insurance system for the trustee. At the same time, it points out that the company IF is worth to be researched.

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CLC: > Political, legal > Legal > Chinese law > Economic Law
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