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On The Financial Holding Company To Increase The Liability System

Posted on:2007-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:D HeFull Text:PDF
GTID:2206360182997854Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The thesis holds that the tendency of Chinese financial industry is inevitably moving from the division mode to the synthetical mode. It is only a matter of when and how we make use of this opportunity. In view of the Chinese present financial industry pattern, establishing and improving financial holding company system is absolutely a wise choice. Under the mode of financial holding company (FHC), there would happen: the holding company abuses its controlling power over its subsidiary companies, ignores their autonomy and damages the interests of creditors and the public. Considering the crucial role the financial industry plays in the economic system of modern society and unavoidable deficiencies in FHC itself, enhancing the obligations of FHC becomes more and more necessary. In this thesis, drawing on the experience of enhancing the obligations of FHC in U.S., Taiwan and other places in the world, the author will discuss detailedly the establishment of the system of enhancing obligations of FHC according to the Chinese present situation and will come to a conclusion.This thesis falls into four parts:Ⅰ. The first part will make a comparative analysis of various definitions of FHC and puts forward that FHC, set up according to the law, is a corporation, such as bank, Securities Company, trust company or other financial companies. FHC can possess its own business as well as only manage its subsidiary company. Then analysis will focus on the discrimination between FHC and other similar terms and the present development of FHC in China.Ⅱ. This part will propose the conception of the system of enhancing obligations of FHC and reasons to implement the system. The reasons mainly are: first, the significant role plays the financial industry in modern...
Keywords/Search Tags:Financial holding company, Enhanced Obligations, disregarding, corporate entity
PDF Full Text Request
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