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Company Rules And Regulations Of The Related Party Transactions Of Commercial Banks

Posted on:2007-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y L ZhouFull Text:PDF
GTID:2206360182990731Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the development of modern enterprise system, related transactions are the necessary result, its existence is unavoidable, which has many advantages ,usually the laws of nearly all countries in the world don't forbid the related transactions. With more and more group enterprises are founded in our country, there will be more related transactions within the group enterprises. The commercial bank's related transactions increased quickly year by year. It likes a double-edged sword, on the one side it can cut down the transaction cost and raise the whole competition ability of the bank, on the other side, the unjust related transactions have caused a good deal of troubles. To related transactions, we can't let it alone because of the positive function, we can't forbid it absolutely because of the negative function also. We should give related transactions suitable legal provision, to establish reasonable equilibrium machine-processed between its' positive function and negative ones. So, we should perfect Commercial bank 's internal r structure according to the provision of the Company Law to achieve the aim of preventing unfair related transactionsThis dissertation is made of 4 parts.In the chapter 1,I analyses the definition of related transactions, related part and the definition standard of commercial bank's related transactionsThe chapter 2 is a demonstration investigation about the commercial bank's related transactions, goes deeply into analyzing the present situation actions, harmfulness and the intention of the unjust commercial bank's related transactions.The chapter3 analyzes legislation status of foreign related transactions and suggests to research restrict measures by combine the foreign principle and system of related transaction and substance complexion of commercial bank's related transactions of our country.The chapter 4 is the analysis of countermeasures and bring up some concrete law measures on how to improve the company law, t he Commercial bank's governance structure, liability of controlled shareholders' information disclosure etc.
Keywords/Search Tags:Commercial bank, Relating transactions, Restriction by the Company Law
PDF Full Text Request
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