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Study on the legal responsibility of the directors of the Bank

Author: YaoWeiYong
Tutor: ZhangZuoTai
School: Fudan University
Course: Legal
Keywords: Bank CEO legal responsibility fiduciary duty controlled responsibility
CLC: D922.28
Type: Master's thesis
Year: 2009
Downloads: 35
Quote: 0
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Abstract


This article points out the key issues of managing a bank company, which is mainly focus on the legal obligations of a bank CEO. The question how to set up a bank CEO obligation system is discussed by two aspects, private duties and public responsibilities. The introduction part explains the background and signification of this article. Also, it indicates the current situation as well as some important opinions from the domestic and foreign researches.Chapter One Explain the basic theory about the legal obligations of a bank CEO. Since the particularity of managing a bank company, this chapter points out some specific legal obligations of a bank CEO by combining the regular legal obligations in the company’ s management, includes the objects, contents and types.Chapter Two Give details to the private duties of a bank CEO. Refer to the commercial judgement rules from U.K., U.S., and France, which is a bank determines the edge of a bank CEO’ s legal obligations through the disclaimers, China put forward the subjective and objective regulations for commercial judgement.Chapter Three Give details to the public responsibilities of a bank CEO. This chapter indicates that being a bank CEO should take the duties of risk management, information disclosure and reasonable daily management. Also, it combines the existing rules and regulations of our country and discusses the direction of consummating the bank CEO obligation control system.Chapter Four Analyse the importance of the private fiduciary duties and public controlled responsibilities of a bank CEO in managing the bank company. Additionally, it recognizes the limits of these two kinds of obligations and makes the suggestion that the private fiduciary duties and public controlled responsibilities should makeup each other in order to play an active role in the bank management.

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