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On The Securities Asset Management Products To Locate The Legal Relationship Of Trust

Posted on:2015-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2296330467954432Subject:Law
Abstract/Summary:PDF Full Text Request
In our current asset management market or wealth management market underthe premise of princes rivalry, the channel-type quick to trust business to otherfinancial transfers. Bank shadow cooperation, private securities, wealthmanagement and other forms of innovation, making the current domestic regulationof financial markets facing tremendous pressure." Trust class " products increasinglyreceive more investors. With the " trust products " continues the transformation of theindustry can not meet the current regulatory model, the paper in accordance with thebasic legal framework of trust, combined with the analysis of financial marketsamong current financial model, the corresponding problems are analyzed and resultscorresponding sound advice.An asset management model and construct qualitative necessity andreasonableness of the legal framework: the mode of operation from the start offinancial products, financial products currently require proof of legal relations asnecessity: to cover regulatory vacuum, nature and other issues not clearly realize theinterests of investors protection and fair and orderly financial market environment.Second, the performance of financial products that are terminal assetmanagement, positioning vague cause great problems. Financial products currently on the market there are many problems, such as the banking industry " funding pool", high interest phenomenon," True False debt stocks," the trust financing, insurance" certificate of deposit policy change phenomenon" and so on, to discuss our assetsmanagement should be a trust relationship between the nature of the relationship,and ultimately by the trust relationship should be regulated, and to strengthen thepowers of the regulatory authorities and coordination.Third, the main value of the construction of a legal framework and objectives:to determine the basis of the relationship of trust asset management business on thebasis of the legal relationship of the trustee, and do analysis to determine thebeneficial ownership vested in nature. Be clear on the basic properties of the Trust.Fourth, the proposed construction of the prototype of the asset management ofthe legal framework, the specific design value of policy recommendations. Ofprivate securities markets," Trust Law" the relevant amendments to the domesticcredit markets and commercial banks were analyzed and the correspondingimprovement advice.In research methods, this article will study the interaction of normative,empirical studies, comparative studies, historical research, expert evaluation andother methods of argumentation topic from various theoretical and empirical analysis,and focus on the difficulties encountered in the research process for this paper, forincluding financial institutions, authorities, supervision and managementdepartments, government departments, financial companies, the official, legalexperts and financial intermediation sector personnel and other financial products,consulting demonstration.
Keywords/Search Tags:Trust, Separate supervision, Asset management, Foundation legal relationship
PDF Full Text Request
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