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Research on the Legal System of Convertible Bonds Trust
Author: YinHongQiang
Tutor: WangRui
School: North China University of
Course: Economic Law
Keywords: Convertible Bond Trust Trust Property the Trustee
CLC: D922.282
Type: Master's thesis
Year: 2009
Downloads: 78
Quote: 0
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Abstract
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Convertible bond has been a kind of considerably mature and prevalent financing tool in international capital market.But it developed slowly in our country.The lack of legal system of convertible bond trust is one of the main reasons.This paper makes a research on the establishment of law system for convertible bond trust,looking forward to do well for instituting relevant laws.This paper consists of five parts:PartⅠthe author explains the basic theory of convertible bond,gives the definition of the international bond and trust system,while lays special stress on analyzing the general characteristic,then provides the basic composition of it.I make a brief analysis on its’ independence,validity and differentiation.PartⅡthe author demonstrates the need of convertible bond trust,and comment that form three aspects:the dilemma of bondholder safeguard their rights in the legislative status quo,the limitation of bondholder community meetings and the necessity of playing convertible bond trust functions effectively,then,makes a research on our country’s law of trust system,concluded that the existing law lack of adjustment to convertible bond trust.PartⅢthe author makes a research on the law related to the property of convertible bond trust,and also makes a research on the trust property open system, and suggests that our country need to establish a consistent the trust property open system.PartⅣthe author gives definition of the main body of convertible bond trust, make the definition to the Assignee、the trustees and the beneficiary,and particularly stress on the law of administrator.PartⅤthe author discuss the rights and duties to each subjects in the law of convertible bond trust.
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CLC: > Political, legal > Legal > Chinese law > Financial Law > Trust, Credit Act
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