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Be Conscientious In Our Sponsors Due Diligence Investigation Of Shallow Judgment Standard

Posted on:2013-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhouFull Text:PDF
GTID:2246330362464942Subject:Law
Abstract/Summary:PDF Full Text Request
Our current research on the obligation of diligence is focusing on the area ofdirectors and executives whose the obligation of diligence in the Companies Act.There are not specifically diligence obligations of sponsors and sponsorrepresentatives, study theory, while the standard for judgment is a research gap. Dueto lack of previous research results, I must extract the core elements of sponsor duediligence from the existing legislative provisions and the SFC enforcement cases,combined with first-hand information, analysis the legislation and law enforcementproblems.For these reasons, I use comparative analysis ideas to research. Firstly, the sponsordue diligence standard definition of connotation and denotation. Secondly, by contrastChina and extraterritorial legislation on this issue, I analyze the problems of oursponsor due diligence standards in legislation, and raise some points of the reformproposals; Finally, I analyze the due diligence problems of Linhui who is the peacesponsor representative, then analyze the problems of our sponsor due diligencestandards in penalties, combined with the punishment measures and raise somepoints of the reform proposals.This article consists of the following four parts:Firstly, I clarify the meaning of the problem in the introduction, discusses itsResearch and research significance, describe the research ideas of this article.Secondly, in the part of the sponsor due diligence connotation and the coreelements of the criteria, I discussed the connotation of the directors’ obligation ofdiligence and its criteria, analyze the connotation of the sponsor due diligenceobligation in the investigation, refine the core elements of the standard about sponsordue diligence.Thirdly, in the part of the legislative provisions of the scope and process about thesponsor due diligence, I analyzed our sponsor due diligence scope and process oflegislative and summarized its problems, and then analyzed the U.S. legislativeprovisions and the provisions of the Hong Kong Legislative.Then I raised the need forreform and specific recommendations.Finally, in the part of enforcement standards that China’s Securities RegulatoryCommission determine the sponsor due diligence, combined with three case studies, Ianalyzed and summarized the related party due diligence and related partytransactions, due diligence in the case of Scenic mountains and rivers Ltd., I analyzedand summarized the profit forecast due diligence and raise investment project duediligence in the cases of ST Tianrun case and ST Demian, and I analyzed theproblems of China’s Securities Regulatory Commission in determining the sponsordiligence enforcement standards. Then I raised the need for reform and specificrecommendations.
Keywords/Search Tags:sponsor, sponsor representative, due diligence, diligence
PDF Full Text Request
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