The Research On Company Law Regulation Of Listed Company's Connected Guarantee

As an efficient method for listed company to gathering capital, connected guarantee of listed company can maintain its good momentum and bring the benefit to stockholder and company itself. At the same time it maybe bring risk for its obvious drawback Such as animus usage of the corporate veil, the guarantee system function's alienation. It can be said to bring challenge to traditional Corporate Law, Guaranty Law and other law's system. It is essential to regulate connected guarantee of listed company to maintain the balance of all interest dealer.The thesis developed the theory and proof research to connected guarantee of listed company from Corporate Law's point and discussed the reality of connected guarantee of listed company in China from different areas including listed history drawback, finance system, market credit. Moreover the main system to Corporate Guarantee's pre-regulation and post-relief was researched from comparative law including the basic self -dealing transactions between a corporate and one or more of its directors, the fiduciary duty of directors, independent director system, shareholder's derivative suit system and piercing the corporate Veil.In order to efficiently regulate the connected guarantee of listed company, improve stock market's development and avoid the neglect influence caused by animus guarantee in China, The author thought that it is necessary to introduce and satisfy these system into Corporate Law gradually, These systems are as follows: the basic self -dealing transactions between a corporate and one or more of its directors, the Fiduciary Duty of Directors, independent director system, shareholder's derivative Suit System and Piercing the Corporate Veil. Furthermore the strict procedure regulation of listed company's connected guarantee is necessary.