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Analysis and Suggestions on the Effectiveness of Inter-Company Loan

Author: DuanXiaoRong
Tutor: LiuShaoJun
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Corporate lending Legalization Sources of funding
CLC: F832.4
Type: Master's thesis
Year: 2011
Downloads: 63
Quote: 0
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Abstract

Lending of funds between enterprises in our current system, has been in a very awkward position, on the one hand, the relevant judicial interpretations and departmental rules finds its offense and should be banned, but in economic activity, there are a lot of companies borrowing behavior of SME loans, bank lending is insufficient to meet the needs of the capital market for funds, bank loan procedures are complex higher threshold many causes corporate lending was prohibited but never stopped. Corporate lending is close to the needs of the economy, reasonable but not legal, a phenomenon we have to reflect on the rationality still in the current socio-economic conditions across the board to prohibit corporate lending, corporate lending you want to continue the \what choice to meet the needs of economic development and thus promote economic development. View of the advantages and disadvantages of corporate lending, on the one hand for the huge demand for funds in the economic development of effective supply and promote economic development, but at the same time corporate lending has loose, blind, guided improperly from the point of view of the micro-economic business operations may increase risks from the macroeconomic also may affect the economic structural adjustment, the impact of the national implementation of the monetary and credit policy, \behind adaptability to the capital requirements of both lenders and borrowers demand for capital, and corporate lending, this demand reasonable legal and should be recognized, but at the same time respond to corporate lending some grooming and regulatory, to guard against the possible negative corporate lending effect enterprise idle funds to divert to the state encourages the development of the field of corporate lending and bank borrowings complementary to reduce excessive dependence on bank borrowing funds, promote financial reform and industrial restructuring. The current situation to explore this article from corporate lending simply an across-the-board ban corporate lending is reasonable, and be necessary regulatory legislation gradually recognize the legal status of corporate lending and to offer a few suggestions to have practical significance. This paper is divided into four parts: The first part introduces the concept of corporate lending, characteristics, usually of the legislative and judicial practice identified on the effectiveness of corporate lending, and one of the reasons the analysis. The author hopes to discuss the current system of reasonable legislative and judicial status quo and its reasons. The second part discussed the prevailing situation and reason on corporate lending. Legislative and judicial deny the effectiveness of corporate lending, but corporate lending has never stopped showing the trend of expanding, so we have to reflect the existence of corporate lending should be reasonable and should not be across the board, simply deny the effectiveness of corporate lending, and should gradually recognize the legal status of corporate lending but at the same time be a certain degree of regulation and supervision of corporate lending. The third section explains the significance of the gradual recognition of corporate lending legal status. The legitimacy of moderate corporate lending to be recognized not only in line with the basic concept of private law, but also of great significance to promote the economic development of our financing structure, a multi-level solutions to SME loans. The fourth part of our progressive and moderate liberalization of the legislative and regulatory corporate lending system perfect suggestions. To sort out at the legislative level, to deal with the current laws and regulations, appropriate recognition of the legal status of corporate lending and corporate lending are certain norms; from the point of view of the government and judicial oversight, attention should be paid to monitoring and guiding role of the corporate lending guide corporate lending in line with the principles and policies of the national industrial restructuring; addition, the release of corporate borrowings may arise problems such as large shareholders or withdrawal of funds of listed companies, tax avoidance or evasion debt with borrowing should be of particular concern.

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CLC: > Economic > Fiscal, monetary > Finance, banking > China's financial,banking > Credit
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