A Listed Company To Guarantee The Risk And Legal Control

The act of external assuring of quoted companies is ubiquitous in the securities business of China. In market economy conditions, assurance originally is a system for reducing dealing risk and advancing capital market. However, a great lot of assuring acts are outside the law, that increase securities business's risk instead, and bring many companies damages simultaneity, stockholders and loaners. By studying the task of law controlling quoted company's assuring act, this text aims to probe into how to build a relatively perfect and safe jurisprudence from benefit parts such as loaner, warrantor, warrantee and so on.What about the harm would nonstandard external assuring acts cause? What means should we take to dominate the risk availability? This text will touch upon these matters:Firstly, this text analyses what and why the act of assuring of quoted companies brings at present in China, and indicates that capital market is faulty, unbalance of stock right work that great stockholder practically control the quoted companies, faulty company father urges moral hazard, which all are the reasons.Secondly, the article assays the law attitude toward this problem, to form more understanding. It mostly analyses related regulations in former company law and other messages China Securities Regulatory Commission issued, to separate out if former codex endowed quoted companies with external assuring ability and law limitations. Then gets the conclusion: legislation disfigurements at present secure difficulties to control in deed the risks quoted companies assuring acts bring. And, on the other hand, it assays attitudinal change and significance of new company law, indicate the act of external assuring of quoted companies belongs to self-government category. What law should pay attention to is designing interior acting mechanism and exterior system.For the third, the article recommends legislations of other countries and areas. It educes they mostly don't negate quoted company's external assuring ability but limit it formally or materially, by comparing representative countries and areas such as America, England, France, Japan and Taiwan, so grasps theinternational codex current toward quoted company to use for reference.Fourthly, the text sets forth personal advice on perfecting configuration of stock right, company father, ground rules and throw daylight on information, by summing up lawmaking experience inside and outside our country and our country's actualities.