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Legal Rule on the Connected Transaction

Author: DuZuoMing
Tutor: ZhangLiHong
School: East China University of Political Science
Course: Civil and Commercial Law
Keywords: Connected Transaction Director Controlling shareholder Regulation
CLC: D922.29
Type: Master's thesis
Year: 2009
Downloads: 67
Quote: 1
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Abstract

In this essay, Connected Transaction is considered as the main research subject. Author discusses its concept, constitute and legal features, and analyzes the causes of Connected Transaction on an economic view. Combined with the special status of Connected Transaction in China, Author analyzes the newly revised Company Law. Compared with foreign advanced legislation, Author gives some ideas and suggestions to improve regulation. The full essay is divided into five chapters.Chapter one is the summarization and the fundamental principles of the Connected Transaction. Author starts from the relationship of Connected Transaction, mainly introduces control and the party of Connected Transaction, which can be concluded to the concept of connected transaction and its main features. The author believes that defining control in our country should also follow the principle that substance over form, and it is necessary to provide an appropriate standard to follow with. In addition, it is better to add the concept of new type of connected transaction party into company law, which can larger the scope of regulations and better to prevent the occurrence of Connected Transaction. Chapter two is the analysis of economic cause of Connected Transaction. Author believes that the emergence of Connected Transaction meets the needs of the company’s development, but Connected Transaction should be strictly limited for its unfair incline.Chapter three is about the most representative two countries-America and Germany. Author analyzes the Connected Transaction legislation of the two countries, and pointed out the advantages that China’s Connected Transaction legislation can learn from.Chapter four analyzes the causes of Connected Transaction happened in China, and pointed out the special status of Connected Transaction in China. Author also gives a basic introduce of newly revised Company Law.Chapter five, on the base of Chapter Four, Author concludes three major aspects, the shareholder vote right, prudential insider’s fiduciary duty and reasonable internal oversight mechanisms to consummate corporate governance, and also emphasis on importance information disclosure for minority shareholders and creditors to make the right judgments. At last, Author tried to establish a legal personality negation and derivative litigation to improve the relief system to achieve fairness and justice.

Legal Rule on the Connected Transaction

Abstract

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