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China 's securities investment fund managers ' Duty of Loyalty

Author: WuGuangZuo
Tutor: ZhouZuo
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Securities Investment Fund Trust Securities Investment Fund Managers Duty of loyalty
CLC: F832.51
Type: Master's thesis
Year: 2011
Downloads: 199
Quote: 1
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Abstract

China's securities investment funds built on trust principle, is a trustee of a trust status of the securities investment fund managers in dealing with the affairs of the Fund should strictly fulfill their duty of loyalty, as the fund holders best interests of the highest standards of behavior, shall not be set conflict with the status of their own and related parties and the interests of fund holders, which was pursued by the trust value of the target and the legislative purpose. China's securities investment funds legislation, however, does not give the Securities Investment Fund Manager's fiduciary duty to give full attention to the lack of legislation on the establishment of the Securities Investment Fund Manager's duty of loyalty to the principled position of the core obligations, securities investment are scattered throughout the statute fund managers breach of the duty of loyalty to the behavior of individual regulation can not cover the entire contents of the duty of loyalty, so much so that in the actual operation of securities investment funds in the face of ever-changing, and different forms of violation of the duty of loyalty behavior due to lack of a clear system of legal basis not effective regulation, resulting in the interests of fund holders being infringed can not get effective relief this judicial reality seriously affect the realization of China's securities investment funds legislative purpose, became its reform and improve the healthy development of China's securities investment funds The problems to be solved. In this paper, the nature of the legal relationship of the Securities Investment Fund Trust as an entry point to the duty of loyalty of the securities investment fund managers as the research object, content, legal basis and regulatory reasons for the in-depth analysis of the concept of securities investment fund manager of the duty of loyalty and discussed, and the status quo of China's Securities Investment Fund Manager's duty of loyalty to the regulation of reflection and view, the last still from the fiduciary duty of trust ideal model to explore the Securities Investment Fund Manager's duty of loyalty to the build path of China's securities investment fund management the improvement of people's duty of loyalty to the legal regulation of the recommendations in order to have value and meaning in the specification of the judicial practice of China's securities investment fund manager of the duty of loyalty. This paper, the whole chapter is divided into four parts, namely, the nature of the first part of China's Securities Investment Fund Trust, the second part, the third part of the Securities Investment Fund Manager's duty of loyalty to the legal basis of the securities investment fund managers breach of fiduciary duty tort liability, Part IV Securities Investment Fund Manager's duty of loyalty to view and sound thinking. The first part of China's securities investment funds Trust nature of China's Securities Investment Fund Trust nature of the legal relationship between the three aspects from the general principles of the basic theory of the securities investment fund, trust, demonstrated the nature of China's Securities Investment Fund Trust, an attempt to base point from the trust in pursuit of the origin and basis of the securities investment fund manager of the duty of loyalty. Trust as entrusted by the people, on behalf of financial property management system at its core relationship is a relationship of trust, and the duty of loyalty to the core elements of the relationship of trust. Securities investment fund managers as a trustee of a trust in the operation of the Fund must fulfill the duty of loyalty to the Securities Investment Fund Trust nature of the course requirements, this article discusses the starting point of the Securities Investment Fund Manager's duty of loyalty. This section also self-benefit trust and commercial law of the trust on the trust of the beneficiary of the trust right nature and characteristics of in-depth demonstration and instructions to the nature of the business trust securities investment funds and securities investment fund managers breach of the duty of loyalty infringement responsibility to lay a theoretical foundation. The second part of the securities investment fund managers the legal basis of the duty of loyalty from the three aspects of the meaning of the Securities Investment Fund Manager's duty of loyalty Securities Investment Fund Manager's duty of loyalty to the trust based on the securities investment fund managers the main content of the duty of loyalty elaborated Securities Investment Fund Manager's duty of loyalty system. The aim of the demonstration Securities Investment Fund Manager's duty of loyalty to the direct source discussed the status of its trustee of a trust, securities investment fund managers engaged in the affairs of the Fund within the duty of loyalty behavior and bounds. The nature of the third part of the securities investment fund managers tort liability for breach of the duty of loyalty, breach of the duty of loyalty from the securities investment fund managers are responsible for the infringement, breach of the duty of loyalty to the constituent elements of the tort liability of securities investment fund managers, securities investment fund managers violation The three aspects of the duty of loyalty to the damages clear property rights of the the Trust property rights enjoyed by the fund holders for the property of the Fund, the purpose is to ascertain the nature and remedies of the securities investment fund managers tort liability, because of the beneficial interest of the property rights positioning more conducive to the protection of their interests, is also its weak legal status equitable. Normal relief and punitive damages and securities investment fund managers dismissal of the state relief fund holders legal relief mechanism designed to recover monetary compensation and property and two relief path full protection. Part IV Securities Investment Fund Manager's duty of loyalty to view and Thoughts on Improving the legislative status quo of China's securities investment fund managers duty of loyalty, trust ideal fiduciary duty construction elements for the Legal Regulation of Securities Investment Fund Manager's duty of loyalty perfect aspects discussed the practical problems of legal regulation of China's Securities Investment Fund Manager's duty of loyalty, and in the legislative status of the fiduciary duty of fund managers, the scope of related party transactions, fund management fees charged mechanism, damages in civil liability and civil relief mechanism The relative system solutions in order to better protect the interests of fund holders, to promote China's securities investment funds to healthy development.

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