Research On Legal Issues Of Affiliated Transactions Of Trust Companies

With the expansion of trust transactions,the increasingly complex transaction structure,the increasing risk events,the legal risks contained in it can not be ignored.The risk of the new dairy trust events and other events caused by the outbreak of the trust we pay attention to the crisis at the same time,but also led us to exist behind the risk of related party transactions,and because the trust trading model of flexible,Affiliated transactions hidden crisis Heavy,coupled with China's securities industry legislation does not define the relevant parties and related parties,the trust business in the conduct of the conduct of the transaction is too simple and principled.This paper aims to analyze the current transaction model and risk characteristics of the related party transactions from the current situation of the affiliated transactions of the trust companies,and learn from the relevant provisions of foreign countries,from the legislative principles,information disclosure system,decision-making mechanism and relief system,etc.,in order to further improve Legal supervision of related party transactions.This article is divided into three chapters to elaborate.The first part mainly elaborates the connotation of theaffiliated transactions of the trust company as the trustee,including the analysis of the status and nature of the trustee,clarifies the subject of the research,and also introduces the legal norms of the related transaction,which is the prerequisite and basis for its specification.From the trust company to the main body,through its disclosure of the annual report,to understand the current general situation of affiliated transactions.The second part analyzes the necessity of its regulation,and points out that the trust legislation has not got the proper legal regulation under the principle of faithfulness and prudence.It summarizes the characteristics of the related party transactions and the existing problems,and points out the necessity of legal regulation.It also points out that the current legal regulation of related party transactions does not pay attention to the beneficiary meeting system and relief system.The third part is the significance of this study is based on the first two parts of the in-depth exploration,the first objective analysis of the trust company as a trustee to regulate the status of related party transactions,and put forward a sound regulatory thinking,establish the basic Principles and concepts,from the perfect information disclosure system,the beneficiary meeting,as well as the relief system in three areas to promote.It is an important starting point to further preventing the risk of trust operation,strengthen the supervision of the trustee and safeguard the interests of the beneficiaries by studying the affiliated transactions of the trust company as the trustee and the concrete performance of the conflict of interest in the traditional sense.