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The Research Of Securities Registration Law System

Posted on:2010-12-07Degree:MasterType:Thesis
Country:ChinaCandidate:M WuFull Text:PDF
GTID:2189360275981849Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As the backstage of the securities market, securities registration is actually the core aspect of the whole market. It plays an important role in the efficiency, risk prevention and services in all aspects of the securities market. As China's securities market starts late but develops rapidly, securities registration in the relevant laws and regulations in our country appears infrequently, so it makes lots of problems, thus, the secuirities registration law system need to be improved. The meaning of securities registration is a kind of legal action, which is in accordance with the law, then the parties submit an application to the registration institutions, then the registration institutions confirm and record the ownership of property rights and the changes of all the securities. The register should be legally defined as a special public corporation. There are some different registration modes in recent securities market. For example, the United States takes direct and indirect parellelly registration mode, but Australia adopts direct registration mode. Our country mainly uses direct registration mode, but indirect registration mode will to be further expanded in scope to adapt to the market development, and it should be an important supplement to our country's securities market. The procedure of securities registration including three steps: the application submited by the parties, the review of securities registration institutions, and the electron records. At this stage, the reviewation of securities registration in our country adopts formal mode, which impedes the safety of transactions, so the changes of securities should take actual mode. Objective registration and corrected registration are efficient legal means which can prevent and eliminate the errors of securities registration. They should be included in future securities registration law. Registration is an important effective element to the changes of securities rights. The affirmance of securities rights should be decided by securities registration. The specific legal effects reflects in four aspects: the state of shareholders be created; the securities holders'rights be trusted publicly; the content of registration be trusted publicly and the status of shareholders be finally confirmed. The registration institutions who make errors in securities registration that lead to investors'damages is required by law to assume responsibilities for the break of contract.
Keywords/Search Tags:Securites Registration, Registration Mode, Registration Procedure, Legal Effect, Legal Remedy
PDF Full Text Request
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