Financial Holding Company Regulated By The Laws Of The Related Party Transactions

The financial holding company was born and developed in the situation that financial system innovated and mixed. The financial holding company, as special financial enterprise groups, involves wide-ranging fields in finance, at least including two fields of banking, security, and insurance. Furthermore it holds the subsidiary corporations, which influence the subsidiaries easily and sometimes it has right to control the subsidiaries. When we are attracted by the max of the profits according to synergistic effect and scale effect of the financial holding company, we also have to watch out for all kinds of its risks, especially the risk caused by the affiliated transaction of the financial holding company. So we must research the regulation in the affiliated transaction of the financial holding company in order to keep watch the financial risks.This dissertation applies research methods of combining analysis of exercise and theory, comparison and induction and stresses on the legal regulation of affiliated transaction of the financial holding company. It includes three main parts:The first part is general theories of the legal regulation of affiliated transaction of the financial holding company. It involves the definition of the affiliated transaction of the financial holding company and the particularity of the legal regulation of affiliated transaction of the financial holding company. The aim of the legal regulation is also discussed. All of the basic theories are the fundamental precondition on research of the affiliated transaction of the financial holding company.The second part is comparative legal review of the affiliated transaction of the financial holding company. we emphasize the introduction of legal regulation on the affiliated transaction of the financial holding company in most foreign countries and international organizations. We compare and analyze the legal regulation experiences in this foreign countries and international organizations in order to help the reference of our country's holding financial holding companies.The third part is the legal regulation on the affiliated transaction of financial holding companies in China. First of all, we introduce the development of the financial holding companies at present in China. Carry on with sorting out the affiliated transactions of the financial holding companies. Then we introduce and evaluate the legal regulation on the affiliated transactions in financial holding companies in contemporary China. In the end, we put forward the suggestion on how to perfect the legal regulation on the affiliated transaction of the financial holding company in China. The suggestion consists of the system of regulation, legislation of the regulation and the mechanism of the regulation.