Dissertation > Excellent graduate degree dissertation topics show

Securities false statements Liability of directors

Author: ZhuZuo
Tutor: HanZuo
School: Central University for Nationalities
Course: Economic Law
Keywords: Information Disclosure False statements Director Liability
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 62
Quote: 0
Read: Download Dissertation

Abstract


China since 1990 has been re-established securities market in the \In practice, the first director of the securities regulatory authorities investigated for false statements in the case of the administrative responsibility for the beginning, and then start pursue criminal or civil liability of the program director. In this mode, the Directors in the case of multiple false statements bear administrative responsibility and criminal liability, civil liability less the victims to seek redress when faced with litigation for a long time, the compensation can not be guaranteed, and many other negative factors. Learn from foreign experience and on the basis of the facts of their own countries, our legislators from the following several aspects supplement and amend the relevant laws and regulations, to ensure that the company disclose the information accurate, timely, etc., regulation Directors misuse of information superiority against the interests of others behavior. First, a clear disclosure of information in the Directors' legal obligations. Legislators should explicitly Director diligence and fiduciary duties, in order to better constrain the duties of director behavior. Second, a clear identification of director liability standards. In the case of false statements, the directors employed by a company to its other principal jointly and severally liable. Legislators should explicitly directors diligence defense rules and criteria jointly and severally liable to accurately identify the liability of directors. Third, improve the director of criminal misrepresentation. Legislators should expand the securities misrepresentation objective aspect of crime provisions, moderately increased penalties for disciplinary violations director. Fourth, improve the compensation court hearing misrepresentation way. Since pre-procedural requirements and securities litigation has group misrepresentation, complexity characteristics, can learn from foreign judicial personnel demonstration mode lawsuit trial misrepresentation cases to improve efficiency. Fifth, a clear internal control activities director's responsibility. Information disclosure and internal control activities are closely linked, legislators should be clearly disclosed in the information director of the legal responsibility to ensure that the company disclosed information is true, complete and timely. As securities misrepresentation case is more complex, which will involve the issuing company and its directors, accounting firms, sponsors and other parties subject, description and discussion of this paper in the issuer's securities misrepresentation liability of directors. By comparing the false statement of the securities and foreign legal director liability provisions in conjunction with specific cases, analysis of the securities in the directors liable for false statements deficiencies and the need to solve the problem as soon as possible, and make some suggestions for improvement. This paper is divided into four parts: the first part of the securities misrepresentation director of liability in question. Introduces information disclosure and misrepresentation, director of information disclosure obligations, securities misrepresentation Elements in director's responsibility. The second part of the securities misrepresentation director liability in comparison. Respectively introduced the United States, Hong Kong SAR, Japan, the securities laws of misrepresentation in director liability provisions. The third part of our law for false statements in securities director liability provisions. Analyze and describe the current stage of China's securities misrepresentation liability of directors, as well as deficiencies exist in practice. The fourth part of the Perfection of false statements in securities director liability recommendations. Legislators should further improve the security director of a false statement in criminal, civil liability in the specific content, coordinating director of securities misrepresentation of accountability mechanisms.

Related Dissertations

  1. On the Consummation of Corporation Personality Denial Legal Regime in Our Country,D922.291.91
  2. Study on the Legal System of Compulsory Liability Insurance in Pollution from Ship,D922.294
  3. The Research on the Government Information Publicity in Chinese Public Crisis Management,D630
  4. Environmental Responsibility in coal zone,D922.68
  5. Discuss on Infringing Contracting Interest by Third Party,D913
  6. Altitude parabolic causing damage tort liability,D923
  7. The Legal Prevention of Gem Risk in China,F832.51
  8. On the Independent Director System of Listed Companies in China,D922.291.91
  9. The Research on Information Disclosure of Derivatives,F832.51
  10. The Study on the Civil Liability of the Shareholders Defective Capital,D922.291.91
  11. The reality of investigation and legal thinking of the type of partnership enterprises in China,D922.291.91
  12. The Key Account Service Management Mode Research of Tao Cheng Power Supply Limited Liability Company,F426.61
  13. Research on Legal Protection for Right to Know in Food Consumption,D923.8
  14. Study on Vicarious Liability of the Commercial Franchising Franchisor,D922.29
  15. On the Implementation of Shareholders’ Prioritized Purchase Right in the Limited Liability Company,D922.291.91
  16. Discussion on the Protection of Minority Shareholders’ Rights in Limited Liability Companies,D922.291.91
  17. Impasse under the limited liability company 's shareholders to exit the system,D922.291.91
  18. Restrictions on Share Transfer of Limited Liability Company,D922.291.91
  19. On Civil Liability of Online Transaction Platform Providers,F724.6
  20. The Analysis and Improvement in the Judicial Practice of "Liquidation Obligors",D922.291.91
  21. Diligence obligations of directors,D922.291.91

CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
© 2012 www.DissertationTopic.Net  Mobile