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Legal Supervision of Affiliated Transaction of the Financial Holding Company in China

Author: HuRongChun
Tutor: WuHong
School: East China University of Political Science
Course: Legal
Keywords: Financial holding company Related Party Transactions Legal and regulatory
CLC: D922.28
Type: Master's thesis
Year: 2009
Downloads: 113
Quote: 0
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Abstract


In today's world, the increasing prevalence of mixed operation of the wind, the original separate operation system gradually unable to meet the needs of the competition, some countries Diversified Management, to provide integrated services in the competition dominant position more obvious. The transition to mixed system an ideal choice as a separate operation system, the financial holding company in the tremendous advantages and benefits at the same time, there are also a lot of risks and problems. These risks and problems, related party transactions for the greatest incentive. To this end, it is necessary to regulate related party transactions. How to effectively regulate related party transactions, how to play a positive value, Prepared by the negative value has become the focus of supervision of national financial holding company. Introduction of the topic, the first part of this article first introduces the definition and characteristics of the financial holding company, a financial holding company is a main financial services, new business organizations of the parent holding company and its subsidiaries are connected through equity control or agreement , its most important feature is the \Followed by the introduction of the concept of related party transactions and related party transactions on the financial holding company on this basis to define, and then analyze the legal characteristics. The second part analyzes the necessity of Related Party Transactions for the financial holding company. First, from the root causes of the financial holding company related party transactions that there are related party transactions related transactions financial holding company can reduce the cost is expected to increase revenue expected, related party transactions is one of the financial holding company set up its mind, the existence of a financial holding company happen. Subsequently to clarify dual attributes of the related party transactions, the focus of the negative value of the related party transactions, the negative value of the related party transactions and that its implementation of the legal and regulatory basis. The third part of the introduction of foreign and Taiwan of China Financial Holding Company's connected transactions and regulatory legislative experience, legislative practice of the Basel Joint Forum, the European Commission, the United States and China's Taiwan region, and compare their legislative experience, summed up , and then analyze the domestic legislation and pointed out the problems. The fourth part is to learn from international experience in legislation and summed up China's lack of legislation on the basis of build focus on the legislative system of supervision of financial holding company in China related transactions. From the internal control system, information disclosure system and external regulatory system three aspects, the categories explained why, intends to build a set of line with the actual development of China's financial holding company, and practical regulatory system.

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