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Securities Investment Fund Governance Structure Legal Issues
Author: YangFan
Tutor: LiDongFang
School: China University of Political Science
Course: Economic Law
Keywords: Securities Investment Fund Securities investment fund governance structure Reform and improve the
CLC: D922.287
Type: Master's thesis
Year: 2007
Downloads: 71
Quote: 0
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Abstract
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Fund industry in Europe and the United States and other countries has been a century of history, China's securities investment funds, despite a late start in recent years, the rapid development, and achieved good results, but the problems of governance structure of China's securities investment funds is a serious impediment to the further development of China's securities investment funds. Including: fund investors' interests on behalf of the absence; fund managers too much power, the lack of checks and balances; fund organization, including the more obvious limitations of the problem. I see some Chinese and foreign literature, comparative analysis and research combined with the status quo of China's securities investment fund management, establishment and improvement of the governance structure of China's securities investment fund put forward some ideas and recommendations on improving the legislative practice. The paper is divided into an introduction, three parts of the text and conclusions. The text is divided into three chapters. The first chapter provides an overview of the basic theory of the securities investment fund. Section of this chapter first securities investment fund concept, scope, form and comparison. Section II discusses the securities investment fund governance structure and theoretical sources at the same time, pointed out that the governance structure of the securities investment fund is different from the specificity of corporate governance on investor status, the characteristics of the associated Fangli Yi conflict, a conflict of interest different degree of control of the external environment impact specifically discussed. Second chapter three, the first two, mainly through the comparison and discusses the different foreign securities investment fund governance structure of the model, summed up can learn from success and advanced experience. Section III described, respectively, from the tripartite stakeholders in the different contractual fund governance model, the company the Fund's internal governance system point of view and compare the advantages and disadvantages of a national fund governance model, and reveal its governance structure reform of the securities investment fund enlightenment. The third chapter discusses ways to optimize the establishment of the governance structure of China's securities investment funds. The chapter is divided into three. Section 1 discusses the internal restraint mechanism to strengthen and refine the various systems of the General Assembly of the fund holders as well as to broaden the fund sponsor-wide approach to improve our contract of securities investment funds. Section II discusses how the introduction of corporate securities investment funds and supporting the independent director system to strengthen the governance of the Fund. Section III mainly explains how to strengthen the external constraints of China's securities investment funds.
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