On Procedure And Physical Review Of The Fairness Of Related Transactions

This paper firstly analyzes the concept that related party transactions, transactions ofrelated party transactions between affiliated transactions, and the concept of the mostmainly depends on the related parties on how to define, academic circles is that control,has significant influence on the relationship between two or more parties can be classifiedas related parties, of course, related party determined will by the legislative environmentand other aspects. This article lists the representative legislation on related party provision,hope to better understand the relevant square to correlation range. The second part of thisarticle introduces the UK on related party transactions program entities review the relatedsystem development, and cites some typical cases, to illustrate the problem. The authorthinks, the United States of America associated transactions of procedural and substantivereview of combination of better, give full play to the procedural and substantive reviewtwo advantages. Although the British capitalist economic development history is long, butthe associated transaction review system is far less than the United States advanced andperfect, UK on related party transactions examine more focused on entity is reviewed, andthe associated transaction procedures review involves little. The third part analyzes therelated transaction in China are reviewed in terms of the defects and put forward feasiblesuggestions, at present our country is existing and state-owned shares alone big, equitystructure is unreasonable, relief measures is not perfect enough, this makes China relatedtransactions become adhered to the principle of Physical Review, depending on differentsituations review of different rules.