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Fiduciary Duties of the Institutional Investors in A Listed Company

Author: YangZi
Tutor: YangZhongXiao
School: East China University of Political Science
Course: Economic Law
Keywords: Institutional investors Major shareholders Fiduciary duties
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 47
Quote: 0
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Abstract


The phenomenon of illegal operations of listed companies in China despite repeated prohibitions, obligations and hold the real power of the controlling shareholder or shareholders but it has not been given sufficient attention. And management of the Company, as the center of the board of directors of which he is the central role of the essence of the company, such as excessive overburden, the efficiency of the company will be bankrupt. Through the observation of reality, we find that just as the United States, China's listed companies are more and more the emergence of a variety of stake larger institutional investors figure. These institutional investors Sino-foreign Individually, and its own governance structure and purpose of holding is not one and the same, the existing partnership, Limited AG, there are a variety of risk investment funds, investment banks, insurance companies and so on. There is no lack of them and promising the own customers increasing the value of long-term holders, there are also short-term speculators seeking cash earnings, financial predators even exist specifically suppress the stock price. Although institutional investors in a listed company wholly owned control of the case is not much, but the experience of foreign, even if it is a potential energy must not be in the Legislative ignored. The fiduciary duties of the company's actual controller is the core concept of the American Corporate Law, and it is also perfect fiduciary duties normative system to the listed companies in the United States and vitality. Therefore, the introduction of a fiduciary duty system to standardize the Chinese institutional investors so as to achieve the purpose of improving corporate governance structure, has a double meaning correct the situation and take preventive measures. This article is divided into five parts: Part I Introduction is a brief discussion of the background of the significance of the topic and the research methods, according to the proposition is the lack of existing research, combined with the fiduciary duties of the legislative level to institutional investors Research Status give a brief analysis. The first chapter, \After that, this chapter references the Western capital markets and institutional investors in listed companies As a comparison, a more in-depth analysis of China's current institutional investors governance of listed companies has been or is about to produce the new changes. Then, continue the status quo of Comparative Corporate Governance normal mode of governance of listed companies to arrive at our mode of governance of listed companies has been unable to meet the capital market development status of this chapter conclusions. The second chapter, \Analysis of the current China's legislative shortcomings and the reality of imperfection in the distal thrust of this article point of view - the introduction of the fiduciary duties of institutional investors to regulate the governance of listed companies, so as to achieve the purpose of the protection of small investors. \In view of this system is to learn from the United States primarily related laws, so for the United States and legislative issues related to analysis is particularly important. At the same time, after an analysis of the advantages and disadvantages of the implementation of this system in the United States, China introduced in other countries yet fully developed Exotic system has strengths and hidden discussed in this chapter. The Chapter \This chapter is fully grasp the background of the introduction of institutional investors in China fiduciary duty system, legislative status quo, on the basis of core strengths and weaknesses, to discuss how to better integrate this system into our company into the legal system, which can maximum extent possible to avoid weaknesses, to solve the practical problems of our country. This section also provides institutions large shareholders to fulfill their fiduciary duties discussed in order to be able to make this system to better adapt to the reform and development of China's political, economic and legal.

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