Dissertation > Excellent graduate degree dissertation topics show

Legal Issues of securities investment fund managers misconduct

Author: SuLaiZuo
Tutor: ZhangJianWei
School: Fudan University
Course: Legal
Keywords: Security investment fund Fiduciary duty The independent director Imformation disclosure
CLC: F832.51
Type: Master's thesis
Year: 2011
Downloads: 44
Quote: 0
Read: Download Dissertation


As an emerging market, the capital market in China has been developing for a great deal in recent years, and the same of the market of security investment fund. In the meanwhile, however, the problems have come up in the fund market with this trend as well, among which betray of fiduciary duty, misfeasance, violation to the regulations and offence to the rights of the fund holders are the most harmful. Therefore, it has been a topic of research, which has been faced to not only the academic circle but also the practical people, on how to regulate and supervise on the fund managers effectively in order they could comply with the fiduciary duty they hold and the interest of those fund holder could be protected fully.This article is divided into five chapters.The first chapter illuminates some concepts and judicial relations relevant to securities investment funds. And enumerates various illegal acts concerning how fund mangers make a profit by damaging the investors’interests, including insider trading, self-dealing, related party transaction, joint transaction, unlawful agency trade, "weaker dollar" act and unfair treatment. All these acts have their own implementing subjects, behavior modes, social harmfulness, motives and conditions.In the second chapter,Through analyzing how the moral hazards of fund managers yield and it’s forms, combining the theories with experiences of foreign countries, the second article aims to give the suggestions and recommendations on the administration and governess of Moral Hazards of Chinese fund managers. In general, Moral Hazard comes from two respects:(1) Interests and benefits of fund managers are different from that of investors-this the subjective reason, (2) The incompletion of the fund contract and the unmatched between residual domination and residual claimant of the two parties as well as the information asymmetry resulting:from principal-agent system contribute to the objective factor of the yield of the Moral Hazard.The third chapter introduces the legislation of United States, Japan, Hongkong and Taiwan which relate to fund manager’s illeagal acts. The author research the fiduciary duty of fund manager which include principle transaction of fund manager and the supervision system of independent director. In the way of the fund supervision, this paper puts forward the investment fund should be perfected, to strengthen the construction of legal system, strengthen internal fund information disclosure supervision and social supervision by public opinion, vigorously develop the open-end fund, etc.In the forth chapter, compared with other developed countries. our investment fund industry is still young, neither our security market is mature enough nor the law on investment fund is perfect enough. As a result. there are a lot of problems existing in the fund’s operation, such as the low-level morality of fund’s manager, The conflict of interest transaction’s frequent occurrence and so on. The main reason is disadvantages in the governance structure of investment fund.At last, the author bring forward the solutions:to definitize the fund manager’s care duty and loyalty duty; to make sure the independence of the fund custodian, to itermize its supervision and intensify its obligation.

Related Dissertations

  1. On the Independent Director System of Listed Companies in China,D922.291.91
  2. The Theoretical and Empirical Research into the Resignation Behavior of Independent Directors of Chinese Listed Companies,F224
  3. Research on Behavior of Chinese Security Investment Fund,F832.51
  4. The Research on Performance Evaluation of Security Investment Funds,F224
  5. Research on the Influence on Chinese Financial System by the Development of Security Investment Fund,F832.51
  6. Corporate deadlock and Relief Legal Issues,D922.291.91
  7. The Rethinking of Perfecting the Independent Director’s System in China,D922.291.92
  8. The Research on Stock-picking Ability of Funds from the Perspective of Earning Announcements Alpha,F832.51
  9. Empirical Research on the Influence of the Independent Director’s Supervision to Accounting Information Disclosured Illegally,F275;F224
  10. Independent Director System in Listed Companies in China,F832.51
  11. The Study on Internal Auditors Developing Management Audit,F239.4
  12. Research on Practice of the Independent Director System in China,F271
  13. Improving Fund Holder Rights for China’s Securities Investment Funds--Improving Corporate Governance of China’s Securities Investment Funds,D922.287
  14. Chinese fund management company's competitive strategy research,F832.39
  15. Securities Investment Fund Legal Studies,D922.28
  16. Legal System of Supervisors,D922.29
  17. An Empirical Study on the Relationship between Independent Director System and the Illegal Accounting Information Disclosure of Listed Companies,F276.6
  18. The Duty of Good Faith of Insurer,D922.284
  19. An Empirical Study on the Performance of Chinese Security Investment Funds,F832.51
  20. On the Subject Internal Supervision of Our Country’s Limited Liability Corporate,D922.291.91

CLC: > Economic > Fiscal, monetary > Finance, banking > China's financial,banking > Financial market
© 2012 www.DissertationTopic.Net  Mobile