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On the Legal Regulation of Related-party Transactions of Commercial Banks in Our Country

Author: LiMengJun
Tutor: WenJie
School: Central China Normal University
Course: Legal
Keywords: Commercial bank Related Party Transactions Legal Regulation
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 79
Quote: 0
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Abstract


Associated with the transaction itself is neutral, but the unequal status between related parties and commercial banks, in the interests Seduced related parties most likely to manipulate the terms of trade, to seek an unfair advantage. With the commercial banks diversified equity and operating an integrated development, more and more number of related party transactions between commercial banks, increasing the amount of transactions, trading more and more complex forms. Therefore, the potential hazards of the related party transactions is even more obvious: not only affect the sound operation of commercial banks, against the interests of the Bank of minority shareholders and creditors, or even disrupt the financial order, and destruction of financial security. Although many laws and regulations of China's adjustment of related party transactions, but there are a lot of problems, it is difficult to effective regulation of related party transactions of commercial banks. To better protect the interests of the stakeholders, to maintain financial order and to protect the financial security, there is an urgent need to improve the legal system. However, Chinese scholars on related party transactions focused on the generality of listed companies, specializing in commercial banks related party transactions are not many scholars, the formation of very few theoretical results, and improve the legal system, and can not be separated from theory for their support. Therefore, the moment the related party transactions of commercial banks systematic study of great practical significance. Through the analysis of the nature of related party transactions of commercial banks, and the potential hazards related party transactions of commercial banks to explore the inevitability of the law of its regulation. Then analyzed the legal system of approval of related party transactions, disclosure of related party transactions and related party transactions relief, combined with the actual situation of the related party transactions of commercial banks and found that the lack of related transactions validity of the contract rules, commercial banks on the management of related party transactions prominent problem in a serious shortage of protection of the interests of creditors and other legal issues. On the legal regulation of commercial banks in China related transactions perfect, the article does not answer in general terms, but another way. Make clear whether the legal regulation of commercial banks related party transactions must follow the principles of the lack of respect of the legal, put forward suggestions for improvement. The constructive theory by drawing undue influence in the UK, to build contract related party transactions may revoke rules, and to allocate the burden of proof of the related party and the victim in the proceedings. Strengthen associated transaction risk awareness, the establishment of information management system, and restore to the Board of Supervisors approval management of related party transactions, in order to strengthen the self-management of commercial banks. Disregard of Corporate Personality have to be perfect, but also to learn from the United States \

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