Legal Study On Futures Companies Withdrawal Mechanism

China’s futures market coincided with the emerging and important periodof transition. The importance of the regulation of futures companies’withdrawal mechanism of legal issues has become more apparent. This paperaims to express of the study of the futures exit mechanism from thefollowing chapters:The first chapter discusses the basic theory of the "futures companiesexit mechanism". We want to clear the meaning of futures companies out,by the way, the legal personality of the company disappears from the market.And the article explains the importance of the futures company by urgingthe company’s the legitimated operations, protecting the interests ofall employees, promoting corporate social responsibility and maintenanceof the futures market and stable operation. It has certain theory tosupport the system to run down. This chapter not only from the twoperspectives of economics and law analyses exit system in theoreticalbasis, also analyzes the present existing enterprises in our country exitroutes. From the enterprise whether voluntary standards and to exit forenterprise exit, the reasons for standard to differentiate.The second chapter describes the "our futures companies out of the presentsituation and existing problems of". Describes the futures brokerage company exit system lack harmfulness, for example, including the pointsof futures companies operating condition and development dilemma, thefutures company market exit field history and influence futures traderinterest and market stability and trigger financial credit crisis andweakening the majesty of the law, etc. From the three aspects of futurescompanies out mechanism, the paper analysis the present situation of thedevelopment. Understand the present situation and it can research theproblems better. Therefore the paper found out the specific proceduresin existing in various questions, including lack of clear and reasonablearrangement of the program, single channel of the futures companies exit,lack of relevant supporting system and government position is notaccurate.The third chapter basically is the company law field, bankruptcy law field,securities, futures, and other relevant fields within the territory ofthe laws and regulations about exit mechanism for a comb and analysis.Key combed the futures of the existing system of the exit the relatedprovisions. At the same time for the existing legal system in the otherrelevant company of the relevant clauses of the exit the paper aresummarized. Among them, the securities company exit the market law offutures companies out of the construction of the system is extremelyimportant to the reference.The fourth chapter is for reference to the international developedcountries, especially the futures market mature the United States,Singapore and other relevant state futures brokerage company exit themarket system related law. Researching other country’s futures companyexit mechanism of regulation can provide to standard for our futuresbrokerage company exit system construction. Not only includes the basicsystem of the foreign futures code provisions relating to foreigncompanies still out the regulations system. The fifth chapter is on the base of four chapters of the present situation,our country the existing rules and foreign mature legislative experienceof the analysis and reference the paper analysis and suggests to make ourcountry’s futures company quitting mechanism more perfect. Including,(1)define the company withdraw from the legal mechanism basic principle,adhere to the market, and adhere to the principle of prudence principleaccording to law, stick to moderate, and adhere to the principle of timelyrisk minimization principle and adhere to the principle of investorprotection;(2) to establish and perfect the laws and regulations of theexit futures companies, define the company’s exit criteria, thinning outprocess, establish the relevant responsible persons in the responsibilitysystem and reference for the safe harbor rules, etc;3) perfect futurescompanies in the process of exit supporting facilities, including theperfect futures companies of various crisis transformation mechanism,widening the channels of futures companies exit, establish futuresinvestors in accordance with the independent operation company,compensation mechanism to protect small investors interests, perfect therisk early warning mechanism, strengthen the supervision for the futures.