Theory Of Assets Reorganization Of Listed Companies In The Related Transactions Of Legal Regulation Problem

With the rapid development of China’s securities market and the reorganization of assets, related party transactions in restructuring process is increasingly common and has become one of the most attention issues in recent years. Compared with developed foreign securities markets, China’s securities market started late and the relevant laws and regulations are not yet ripe and the listed companies are of poor quality, leading to the proliferation of related party transactions and greatly damage the interests of small shareholders and undermine our the operating rules of the securities market, therefore it is necessary to study the legal regulation to improve the operating rules of China’s securities market.This article will focus on the legal regulation on the reorganization of assets of listed companies in related party transactions. This article starts from the basic theory of related party transactions, analysis of the legal regulations and point out problems, tends of the capital markets and the new features of the related party transactions, this article will also propose the recommendations on how to improve the legislation by by drawing on the extra-territorial legal systems.The first chapter of the definition of related party transactions is simple to define and analyze the motives associated transactions. The large scale of related party transactions in listed companies can improve its profitability quickly, but it will damage the interests of small shareholders and undermine China’s securities market operating rules. Therefore it is necessary to research the legal regulation system to protect the operation rules of China’s securities market.The second chapter discuss on the related transactions status of the asset restructuring of listed companies in China and the necessity of legal regulation. Related party transactions are common in listed companies, mostly concentrated between listed companies and their parent company or subsidiaries. Related party transactions in the asset restructuring of listed companies occupies an important position in assets reorganization, how to regulate the related transactions and play positive role is one of the urgent problems in China.The third chapter analyzes the regulation on related transactions in foreign law. This chapter analyzes the regulation of related party transactions of foreign law, discuss the principle of legal regulation of foreign asset reorganization, the principle of piercing the corporate veil, Deep Rock principle, the controlling shareholder’s fiduciary duty, and through the analysis of foreign-related cases, this article point out how to improve and perfect the reguiation of the related party transactions in asset reorganization.The fourth chapter discusses the status and improvement of legal regulation of related party transactions in the reorganization of assets in China. This chapter lists out the new provisions and China’s legal regulation of related party transactions, and proposed a number of ideas on how to improve the legal system construction of regulation of related party transactions in China.