Font Size: a A A

The Affiliated Transaction Regulated By The Company Law

Posted on:2004-01-24Degree:MasterType:Thesis
Country:ChinaCandidate:Z WuFull Text:PDF
GTID:2156360122970119Subject:Law
Abstract/Summary:PDF Full Text Request
The existence of the affiliated transaction both have its advantage and disadvantage in market economy. The purpose to regulate the affiliated transaction in the company law doesn't forbid the emergence of the affiliated transaction, lies in to regulate the trading activity of the subject in it, takes precautions against the unfair affiliated transaction, finds an equalization point among the interest of each side of the affiliated enterprises, of minority shareholders and the social public interests.Observing the current situation of the affiliated transaction in our country realistic economic life, we can find that the insider abuses the policy-making power for trying to gain private interests, have encroached on the interests of the listed companies, of the medium and small investor and of the listed companies creditor seriously. Observing the phenomenon of the unfair affiliated transaction in the listed company there are the following several reason under of our country realistic background: 1. for a long time planned economic system influence; 2.traditionally the managerial systems constraint; 3.quite a few listed companies for "joint-stock company not fictitious"; 4.interests conflict of the shareholders of the state enterprise and of the public shareholders; 5.the irrational legislation.The affiliated transaction may be divided into two broad types: 1.the transactions between a company and one or more of its directors; 2. the transactions between a company and its controlling shareholders. On the basis of the analysis thereinbefore, the article sums up and analyses the present situation and problems of the company system andlegislation thereof in Chinese trans-orbit economic system, and puts forward some suggestions. The article holds that the present situation of company system in China, is decided by the situation of government, economic and legal systems, inter alias, the irrational legislation about company. Therefore, the legislation about company in China, the impotent means for government to advance reform and set up modern enterprises system, should be reformed to fit in with the needs of developing the system of Socialism market economic system. We must set up the structure of the company law needed by our trans-orbit economy.
Keywords/Search Tags:the affiliated transaction, the company law, regulate, reform
PDF Full Text Request
Related items