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On the controlling shareholders of listed companies regulated related party transactions

Author: LiuChunMei
Tutor: LuoPeiXin
School: East China University of Political Science
Course: Economic Law
Keywords: The rule of law Listed Companies Controlling Shareholders Related Party Transactions
CLC: F272
Type: Master's thesis
Year: 2011
Downloads: 161
Quote: 1
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Abstract


Theoretically, the related transaction is a neutral word, is a listed company and its related parties a more complex economic phenomena. Related party transactions are not pure market behavior, nor are insider trading areas, which produces a certain inevitability and rationality. China's current \This article focuses on controlling shareholders of listed companies related transaction, because in the listed company related transactions occurring at most, is relatively complex, but mainly also based on the current specification of related party transactions involving the company, in addition to the existing \China Securities Regulatory Commission (hereinafter referred to as \A controlling shareholder of listed companies related transactions are divided into two areas, namely, the controlling shareholder of listed companies general related party transactions and non-controlling shareholders of listed companies trade fair related aspects, this paper mainly from non-controlling shareholders of listed companies trade fair related aspects are discussed . American institutional economists Coase in \developments have resulted in a group of companies an alternative to a single enterprise and discarded. 2 Objectively speaking, the listed companies related party transactions with its related parties are indeed able to bring some of the general market transactions can not be obtained on favorable terms, to reduce transaction risk, help reduce transaction costs and improve operational efficiency and profitability, optimize the capital structure and internal allocation of resources. More importantly, through the appropriate enterprise trading arrangements within the group to improve its overall competitiveness in the market, is conducive to enterprise groups to maximize profits, thus contributing to the Group's overall corporate strategic goals. Through a large number of open channels can also inquire about related party transactions of listed companies notice, such as Ningxia Orient Tantalum Industry Co. subsidiary on the company related to the controlling shareholder loan transaction announcement, Ningxia Orient Tantalum Industry Corporation on the purchase of the controlling shareholder assets cum related transaction announcement, Sichuan Guodong Construction Co., Ltd. About Guodong Group and the controlling shareholder to offset debts connected transaction announcement and more. Of course, the aforementioned advantages of related party transactions based on good faith, honesty, fairness, justice foundation. Any two sides of a coin is. Parties to the transaction are two separate individual interests, driven by profit, there are \After all related party transactions Transactions between related parties, conflict of interest is inevitable, there is the risk of damage to the interests of the company. Securities market, the related party is a whitewash results, transfer of profits or avoid legal purposes, the use of its control over the company's business decisions of non-equity related transactions phenomenon of repeated and increasingly serious. China's economy is in a transition process, establish and improve the socialist market economic system is the ultimate goal of China's economic development. Competition is the essential characteristic of a market economy and fair competition is a necessary requirement for competition law. Related party transactions of listed companies, the controlling shareholders of listed companies by the dominating role, its practical benefits and long-term interests will be adversely affected. Over time, from a macro perspective, the related transaction is not beneficial to the entire community healthy development of the competitive environment. Therefore, how to regulate related party transactions as corporate and securities law focus. For the purposes of this article, this paper will focus on controlling shareholders of listed companies related party transactions between non-arm's regulation for discussion. The first part of the controlling shareholder overview of related party transactions, respectively, from related parties, the controlling shareholder and related party transactions identified were discussed. This second part of the non-equity related transactions root causes, from a subjective and objective reasons because the two aspects of the root causes of non-fair trade to analyze. This third part of our current law controlling shareholders of listed companies regulated status of related party transactions, related party transactions from relevant Chinese legislation, the Act \In the fourth part from two success stories to see how to prevent \This fifth part of the latest measures from the China Securities Regulatory Commission and the Shanghai Stock Exchange, the latest rules to further explore the controlling shareholders of listed companies on improving the related transactions effective new methods to try and improve the regulation proposed related party transactions the general idea of ??the legal system, namely from abroad to non-equity related transactions legislative reference and related party transactions of regulated legal construction suggest that the two aspects are discussed.

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