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Research On Supervision System Of Related Transactions In New Three Board Listed Company

Posted on:2019-12-26Degree:MasterType:Thesis
Country:ChinaCandidate:X H ZhuangFull Text:PDF
GTID:2416330596462759Subject:Law
Abstract/Summary:PDF Full Text Request
The trading behavior between related parties of listed companies on the "new third board" is neutral behavior,which essentially belongs to enterprise autonomy.Associated business behavior is beneficial to integrate resources of enterprise,reduce business costs,improve operational efficiency and realize the power-and-power union,effective to enhance the overall competitiveness of the group members.At the same time,the unfair related transactions may underestimate and overestimate operating revenue or operating cost,evade tax,transfer profits,damage to the creditor,minority shareholders and other stakeholders.Especially when the company continue to grow stronger into a public company,it regulatory becomes more and more important.The paper is divided into six parts,respectively for the introduction,the typical features and typologies of related transaction,the status quo and problems of the related transaction supervision system,the comparative law of related transaction supervision system,the improvement of related transaction supervision system and the conclusion.The introduction mainly discusses the significance of the research in this paper to determine the supervision mode,supervision mode and supervision scope of related transactions.It summarizes the domestic and foreign research achievements on the rationality of related transactions,the definition of related parties,the definition of related transactions and the supervision of related transactions as the theoretical basis of this paper.The first chapter studies the related transactions three characteristics,such as subject relevance,trading is priceless,conflicts of interest,and four kinds of similar,such as persistent connection transaction and accidental related party transactions,related party transactions operator and the controlling shareholder's related party transactions,unfair related party transactions and the unfair related transactions,and interests input output type of related party transactions and related transactions,to provide typed on related transactions regulatory guidelines.The second chapter analyzes the existing problems of related transaction supervision system.This chapter describes the specification status through legislation present situation of related transaction regulation,regulatory model,industry self-discipline norm,and expounds the implementation present situation of related transaction regulation through self-discipline and administrative regulation.It points out five problems in the supervision system of related transactions,such as the lack of macroscopic guidance in the basic principles of supervision,the lack of operability of specific supervision rules,the lack of effective supervision by intermediary agencies,the lack of enforcement intensity of administrative supervision,and the serious absence of internal supervision.The third chapter compares the related transaction supervision system in the continental law system,the common law system and the new third board,and analyzes the differences among the related parties,the related transaction supervision system and the related transaction supervision model.The forth chapter discusses the three basic principles of the related transaction supervision system,such as the principle of neutrality,balance and diversification,and the specific measures to improve the related transaction supervision system,such as elaborating the identification rules for regulating related transaction,clarifying the obligations of controlling shareholders or actual controllers,and elaborating related transaction supervision measures.The conclusion summarizes the research content of the whole paper,and makes an effective evaluation on the application of the improved supervision system of affiliated transactions of listed companies.In the future,the non-fair related transaction will emerge in endless forms.How to identify the non-fair related transaction is a key research direction in the future.
Keywords/Search Tags:Related Party Transaction, Regulatory Regime, Non-listed public company
PDF Full Text Request
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