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The Research of Regulating Related-party Transactions

Author: ShiXuQin
Tutor: ZhangLinHong
School: Guizhou University
Course: Legal
Keywords: Associated person Relationship Related party transactions Information Disclosure Liability
CLC: D922.291.91
Type: Master's thesis
Year: 2009
Downloads: 63
Quote: 0
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Abstract


Related party transactions associated with the development of the corporate enterprises and corporate governance structure evolution . Related transaction has the function of promoting enterprise scale operations , reduce costs and improve the competitiveness of enterprises , has been widely used in practice , is also recognized by the national laws , however , due to the presence of the specific interests of the relationship between related parties , related party transactions inevitably produce unfair on the transaction , which cause damage to other stakeholders ( such as small and medium-sized investors , creditors ) , and thus subject to strict legal restrictions . Departments single-line method of related party transactions regulatory system for clues , the legal regime of regulation related transactions carried out analysis and discussion , combined with the newly revised \these single-line sector the specific provisions of the law on the regulation of related party transactions to identify inadequacies and reasonable provisions referring to foreign and suggestions for improvement of the regulation of related party transactions . This paper is divided into four parts. The first part is a simple overview of the related party transactions , defined and related party transactions associated introduces the concept and characteristics ; the second part , the introduction of laws and regulations on the specific provisions of the regulation of related party transactions , respectively, from the company law, securities law, tax law and the four aspects of the accounting Standards for Business Enterprises introduce specific regulation of related party transactions ; part III , the main analysis of China 's laws and regulations on the lack of regulation of related party transactions , from the identification of related party transactions , information disclosure requirements , the lack of liability China 's laws and regulations on the inadequacies of the regulation of related party transactions ; fourth sector , the most important part of this article introduced suggestions for improvement of the regulation of the related party transactions from the legislative level , three aspects of internal governance and external oversight proceed to improve on related party transactions regulation of perfect .

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