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Legal Guarantee of the Small Loan Company’s Development

Author: PengZuo
Tutor: LiuDingHua
School: Hunan University
Course: Economic Law
Keywords: Legal status Supervise Loan Small loan company
CLC: D922.282
Type: Master's thesis
Year: 2009
Downloads: 1109
Quote: 18
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Abstract


The small loan company is " limited company or Limited Company engaged in small loan, invested in and set up by natural person, legal person of enterprises and other social organizations, do not absorb public deposits. " At present, various financial means that has already existed can’t contain the whole financial market .The emergence of the small loan company is the inevitable results of the current financial market.In the past four years,there are some problems exist in the pilot,including:legal status is not clear,narrow source of capital,structure of the company is irrational,risk prevent measures are not effective,supervision is missing,hardness in transition,ect.To let the small loan company get more considerable development,the most important problem should be solved is that the legal status of the small loan company.we should consider the small loan company as a special commercial subject which provide financial services.Only in this way can solve the problems that caused by uncertainty of legal status such as the problem of supervision,etc.The problem in the operating of the company such as narrow source of capital,structure of the company is irrational,risk prevent measures are not effective,those are aroused by the lack of the law or the law is too harsh.we should complete the clause of the operating. In capital source, in order to realize sustainable development, relevant departments should issue a series of support measures as soon as possible; And existing problem to the company’s administration structure, should take measures of optimizing the structure of shareholder, the rational design of company’s management , set up the rational encouragement mechanism, improve the outside management mechanism etc.; As to small loan company risk that exist in operate, should innovate the precautions against the risk. To the supervision,we should adopt non- prudential supervision from outside and inside., take the industry and commerce bureau as the supervisor. To the problem of transition, we can consider turning it into private bank.

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Trust, Credit Act
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