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Protection For Investors In Case Of Withdraw Of Securities Company In China

Posted on:2008-07-20Degree:MasterType:Thesis
Country:ChinaCandidate:H M GeFull Text:PDF
GTID:2166360242959215Subject:Law
Abstract/Summary:PDF Full Text Request
During the market withdraw of high risk Securities Company, the issues concerning protection for small and medium sized investors are vital. Investors' risks defined in this dissertation means the risk of not having back all or part of the securities or funds entrusted by investors to Securities Company in case of the withdraw of Securities Company. This dissertation is viewing from the investors' angel to analyze the involved important legal issues.There are four chapters.Chapter one discusses detailed models of withdraw of Securities Company and dispositions. It analyzes the directions for asset disposition on Securities Company under different models; the issues regarding ownership on asset of Securities Company under merger; the property processing under administrative winding up; directions for asset disposition under insolvency liquidation.Chapter two discusses the liquidation on Securities Company in China after withdraw from market by enforcement. Different obligations and rights for Securities Company and investors under different securities holding and entrust system.. In China, we have the systems as direct holding and first grade entrust for securities, compared to client's securities asset, there is much higher risk for client's settlement funds. Analysis will be given on the ownership of client's settlement funds and further detail the disposition as client's asset during liquidation.Chapter three discusses the property allocation after enforced market withdraw of Securities Company in China. The emphasis is on how investors should exercise right of recourse for their securities and funds during the insolvency or liquidation of Securities Company and the compensation systems during the insolvency or liquidation as reimbursement on creditor's right and investor's protection fund as remedy.Chapter four is about the improvement on investor protection system. It discusses the entrust systems in our country for transactional settlement funds and their shortcomings and how to avoid risks on transactional funds from the system. It sums up the defects and flaws on administrative winding up, the regulations on investors protection from insolvency of Securities Company after new law effective on Enterprise Bankruptcy, how to further regulate, the improvement on investor's protection funds system and civil liabilities system on securities.
Keywords/Search Tags:Securities Company, Market withdraw, Insolvency, Investor's protection
PDF Full Text Request
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