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On the Legal Regulation of related party transactions

Author: BaiDongZuo
Tutor: WangYuMei
School: China University of Political Science
Course: Legal
Keywords: Related Party Transactions Judicial rules Affiliated companies Affiliates The interests of creditors Minority interests Law Scale operation Taiwan Germany
CLC: D922.291.91
Type: Master's thesis
Year: 2005
Downloads: 207
Quote: 0
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Abstract


As China's Enterprise Group , the capital market booming , related party transactions of this particular economic phenomenon has received extensive attention. Formation related transactions economic motivation is the scale of operations , the price has to determine and adjust the convenience of financing and other needs, which determines the affiliated companies on the one hand a legally independent, but on the other hand, the economic another association , the association for the associated control and influence the company offers the possibility of control between affiliated companies and affiliation , triggering a series of questions is to study the value of related party transactions . In this paper, a typical case , proposed associated protective affiliated companies arising from transactions and protect the interests of creditors subordinate the interests of the Company and its minority shareholders two issues on problem solving approach to Germany, Taiwan , the United States and other countries or regions of advanced legislative experience comparative analysis , review of China's \Legal Regulation of related party transactions economically developed countries and regions in the transplanted legal system must adapt to the requirements of China's economic development , respect for our traditions and habits. China is currently the one hand, an increase in the period of the socialist market economy , is the need to encourage investment in infrastructure development ; On the other hand arising from transactions with associated companies to protect the interests of creditors and protect the subordinate subordinate the interests of the Company and its minority shareholders two issues are very prominent . Recommendations from Germany and Taiwan spirit of the legislation through legislative means , the Act established affiliates in a special chapter on the concept of affiliated companies , controlled and affiliated companies , controlled corporate responsibility , make provisions for such information disclosure system , the associated legal Regulation of the transaction , in the limited liability and maintenance of transaction security and strike a balance between the interests of creditors , improve corporate system .

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