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Study on the Perfection of Legal System of the Fund Trustee

Author: YuYue
Tutor: WeiZhongYu
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Securities Investment Fund Fund Trustee Fund Manager FundHolder Obligation of Fund Trustee
CLC: D922.287
Type: Master's thesis
Year: 2012
Downloads: 13
Quote: 0
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Abstract


With the market of Security Investment Fund of China is better and stable dayafter day, many problems turn out gradually. The Convertible Bond Fund Event leaksout major problems that legal interests of Fund Investors can not be protectedeffectively and the Fund Trustee don’t perform their duties in the market of SecurityInvestment Fund of China. That interests of fund investors can not be well protectedis insufficient in the operating mechanism of Security Investment Fund, which notonly influences the Fund Investors’ investment and financing, but also influencesregulation and perfection of the whole market of Security Investment Fund. If youanalyse the triangularity of the Security Investment Fund, you will find that the rightof the Fund Investors can not be effectively ensured is mainly because of thedereliction of duty of the Fund Trustee, which also hindered the development of themarket of Securities Investment Fund. The triangularity of the Security InvestmentFund is comprised of the Fund Holder, the Fund Manager and the Fund Trustee in thelegal relation of Security Investment Fund, on the one hand, fund holder rights andinterests and fund investment income are concerned with the Fund Manager and theFund Trustee performing their responsibilities seriously and carefully, on the otherhand, effective operating of Security Investment Fund depends on cooperation andhard work. However in reality, the Fund Trustee is difficult to play a real role forsome reasons as a important institutions for performing duties of supervisingtransaction of fund operation and information disclosure, which also influences thestability of the triangularity of the Security Investment Fund. How to make the FundTrustee fulfil its trust and perfect the law system of fund trust is the purpose of thisthesis.This thesis discusses perfection of legal system of the Fund Trustee in the way ofanalysing case. The first section of this thesis illustrates the focus question that legal interests and rights of Fund Holder can not be protected and the Fund Trustee can’tperform their duties by means of quoting the famous case “The Convertible BondFund Event”. The second section of thesis analyses triangularity of the SecurityInvestment Fund for illustrating the important role of the Fund Trustee and stresslypoints out that the lack of responsibility of Fund Trustee result in the rights violationsof the Fund Holder. The third section of thesis illustrates the reason of the problem oflack of responsibility of Fund Trustee through the legal status of the Fund Trustee,Security Investment Fund and relevant regulations, the relationship of the FundTrustee and the Fund Manager, competition mechanism of the Fund Trustee. Thefourth section of this thesis offers a proposal of perfection of legal system of the FundTrustee through the basic legal relation, sharing the legal responsibility, the innovationof selection of Trustee and the custodian fees in order to make the Fund Trustee betterperform duties that supervises Fund Manager and guarantees the rights of the FundHolder and promotes the development of the whole market of Security InvestmentFund.(Attention: This thesis discusses the securities investment fund is limited to thecontract fund)

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Securities and Management Act
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