The Legal Regulation Of The Un-fair Related Transaction Of Listed Company

Abstract:Listed Companies fairness of related party transactions are transaction controlling shareholders of listed companies, the actual controller and other related parties with between listed companies in order to achieve the transfer of assets of listed companies conduct or obligations. Behavior of non-listed companies would trade fair association legitimate interests of listed companies, small shareholders receive damage and affect the normal order of the capital market.Based on the fairness of the dangers of non-related party transactions, China has formulated relevant laws and regulations, departmental rules, normative documents to regulate listed companies related transactions, related party transactions have to avoid damage to the legitimate rights and interests of non-related parties. Compared to related party transactions for foreign legislation, the existence of legislative inadequacies, such as fiduciary duty "Company Law" provisions not covered by the shareholders,"Securities Act" only provides information disclosure obligations, and so on.In this paper, case studies, historical analysis and empirical analysis of the way. From the definition of non-listed companies in the fairness of related party transactions related concepts start with, and then by analyzing the case of non-listed companies in the fairness of related party transactions, in-depth study of the causes and consequences of non-hazardous fairness related party transactions; through our existing listed companies combing the legal system of non-fair trade association, leads to defects in the legal system, and finally to make some improvements.