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SOE Debt-to-equity Legal Analysis

Author: WuZheng
Tutor: MaZhaoRui
School: Tianjin University of Finance and Economics
Course: Economic Law
Keywords: Debt-equity swap Asset management companies The reform of state-owned enterprises
CLC: D922.291.91
Type: Master's thesis
Year: 2006
Downloads: 125
Quote: 1
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Abstract


As a state - owned enterprise reform and predicament of policy measures , the debt-equity swap discussion since 1999 have been going on . This article describes the history of the debt-equity swap and related theories , and state-owned enterprises to implement the historical background of the debt-equity swap , the nature of the debt-equity swap , classification and risk This article also made a more detailed analysis . Debt-equity swap is still a new thing in China , involves a lot of institutional innovation , as well as in conflict with the existing legal system in many ways , This paper analyzes the debt-equity swap with the existing laws conflict , including: debt-equity swap with state-owned commercial banks investment restrictions conflict ; debt - equity swap on the relationship between the banks and the financial impact ; conflict between the statutory means to invest in the debt-equity swap with the \In addition to the debt-equity swap with China 's existing laws conflict , the debt-equity swap in the practice of the presence of various limitations . By analyzing the debt-equity swap in the implementation of the various problems and limitations , this paper proposes to resolve non-performing assets and debt - to - equity enterprise reform combined to strengthen the debt-equity swap the construction of modern enterprise system , to strengthen the assets of the company Swap of Debt monitoring and the establishment of asset management company effective incentive and restraint mechanisms , clear reporting and information disclosure system of countermeasures and suggestions. In this paper, by analyzing the debt-equity swap with China 's existing laws conflict , legislative proposals to allow debt - financed .

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