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On the Legal Regulation of related party transactions of commercial banks

Author: ZhouYanLing
Tutor: WangSuJuan
School: North China University of
Course: Economic Law
Keywords: Commercial bank Related Party Transactions Legal Regulation
CLC: D922.281
Type: Master's thesis
Year: 2006
Downloads: 124
Quote: 1
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Abstract


Related party transactions is the inevitable result of the development of modern enterprise system, due to the existence of reasonable positive side, usually national laws related transactions not prohibited. With the establishment of more enterprise groups in China, the intra-group related party transactions will further increase. In recent years, China's commercial banks in the field of related party transactions showed an increasing trend, it is like a double-edged sword, on the one hand, help to reduce the bank's transaction costs and improve the overall competitiveness of the bank; But on the other hand, commercial unfair related party transactions in the bank has led to many problems and provide a variety of opportunities, the controlling shareholder of the bank to manipulate bank funds, shift the investment risk, which regulate operations and stable development of the financial industry have brought a great security risk Therefore, the related party transactions of commercial banks research and normative has a very important practical significance. Related party transactions, it is necessary to carry out the appropriate legal regulation, to curb its negative and harmful side, not unworthy its reject, the most effective way should be to establish a reasonable balance between an active role in the negative effects of related party transactions The mechanism will be introduced into the right track. Therefore, it should be in accordance with the provisions of the Act, the internal organs of commercial banks governance, mainly through the controlling shareholder of the right to limit and to actively protect the legitimate interests of the minority shareholders, to achieve the purpose of effective prevention and treatment fundamentally unfair related party transactions. In this paper, on the basis of full investigation Commercial Banks in China related transactions status quo and impact of, discussed the general theory of associated transactions of legal regulation, and learn from Western countries related legislative experience, system design, propose appropriate legal advice, expectations can the establishment of information about our business practice of banking related transactions legal system benefit. The paper consists of four parts to start on. Chapter I: general theory of related party transactions of commercial banks. Mainly through the provisions of the regulations at home and abroad as well as experts and scholars exposition of the views in this regard. Set forth the standard of the definition of related party transactions, the identification of related parties and related party transactions of commercial banks. Chapter II: An Empirical Investigation of related transactions of commercial banks. The part-depth analysis of China's commercial banks manifestations of the related party transactions, negative impact on motivation analysis and legal regulation of deep-seated sense of the rule of law on related party transactions of commercial banks: analysis of the status of legislation on foreign commercial banks related party transactions. By analyzing the access regulation related party transactions abroad some of the basic principles and specific system, summed up these principles and system of reference, combined with the specific circumstances of the related party transactions of commercial banks in China to work out the way of effective regulation. Chapter 4: the status of legislation of the commercial banks in China related transactions analysis, from perfecting the system of the Act, to strengthen the bank's internal governance, clear controlling shareholder responsibility, to strengthen information disclosure and other aspects of the legal countermeasures.

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Banking Law
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