Legislative Regulation Of Intra-Group Transactions Of Financial Conglomerates In Our Country

With financial liberalization and the innovation of the financial instruments, the finance industry becomes the pillar industry gradually, so that the financial conglomerates are more and more important to the country, the society and the individual. By virtue of the complicated share rights inside the financial conglomerate, the entities within the conglomerate may engage in different kinds of intra-group transactions. Intra-group transactions refer to any kind of transaction between the affiliates entities in the financial conglomerate no matter if it needs to pay. Improper intra-group transactions bring enormous harm, which will destroy the financial order seriously. In view of this, a lot of countries, regions and international organizations have made the special regulations on intra-group transactions. This text has analyzed the realistic situations and the legislative situations of the financial conglomerate and intra-group transactions in our country. At the same time, it advocates making out "the finance holding company law" of our country on the basis of using the advanced legislative experiences for reference. In order to guarantee the proper development of intra-group transactions, we must regulate intra-group transactions in " the finance holding company law ". First of all, we should privilege the principle of safety in the control over intra-group transactions. Secondly, it is important to define every relevant concept clearly, including the definition and the types of intra-group transactions, the scope of the affiliates entities and etc. Moreover, we must proceed with the corporate governance of the financial conglomerate and strengthen the control over intra-group transactions. It work effectively if we set up a special committee of...