Research On Case Of The Bankruptcy Of Minfa Securities

We are not unfamiliar with bankruptcy, but we are unfamiliar with the merge of bankruptcy.Especially the bankruptcy of security companies are generally very complex. It will relate to many problems such as determination of relationship between associate companies and securities companies, situation of legal person personality denial before the business process of bankruptcy, application of the principle of substantive consolidation, the protection of customer assets. The most important issue is application of the principle of substantive consolidation.This thesis will analyze several legal controversial issues existing in bankrupt security co mpany through the bankruptcy case of Minfa securities. Such legal controversial issues includ e identification of shareholder qualification, application condition of corporate personality, ap plication condition of substantive consolidation doctrine, connection of the disregard of corpo rate personality and substantive consolidation system, and etc. In addition, this thesis will also present personal opinion of the author and will further ponder over the substantive consolidat ion doctrine and other relevant issues. Apart from the Abstract and Summary, this thesis is div ided into four parts:The first part of the presentation Minfa securities bankruptcy case. The presentation includes confused situation between Minfa securities and four related companies and court decision. At last author put forward several focus of controversy in this case.The second part is mainly on the relationship between Minfa Securities and its four affili ated companies. Its mainly an analysis of whether Minfa Securities is the actual shareholder o f the four companies, to provide the premise and conditions for subsequent analysis.The third part is mainly about applicable conditions of the substantive consolidation prin ciples, to analyze the principles should be generally applicable or just apply to some exception s and the relevant conditions substantive consolidation should be met. And laying the ground work, the next step is for the convergence of substantive consolidation doctrine and legal pers onality denial.The fourth part goes to the assessment on the applicable terms of Denial System of corp orate personality, and next analyzes the similarities and differences between substantive conso lidation and disregard of corporate personality, which aims to argue the possibility of link between these two systems. After that, the author discusses the required conditions of the two sys tems to be linked and further states the link of the systems in this case.