| Investment fund isgrouped into corporate type fund and contractual type fund in accordance with organization. The corporate type fund derives from America, and now it is popular in America. The contractual type fund derives from England, now it is popular in Germany,Japan and China.In the 1990s of China, the investment fund appeared. Now it has become stronger and stronger. But there are a lot of scandals in investment fund industry. And these things harm the interest of unitholders. The reason why these scandals happen is that there are problems in the governance structure of investment fund. Therefore, we must intensify the governance of investment fund, and create a kind of governance structure that can protect the unitholders'interest.This article is divided into five chapters.The first chapter is a summary on investment fund, and introduces the concept and characteristics of contractual type fund. In the second chapter the author use method of law and economics to analyze the governance structure of the investment fund. And the author shows several modes of the governance structure of contractual type fund in other counties. At the same time the author analyze the governance structure in China.In the third chapter the author explores the regulation on several specified conflicts of interest transactions which usually takes place in investment fund industry. The forth chapter mainly studies the mechanism of investment fund custodian. The author analyzes the problems existing in the investment fund custodian, and provides some methods to resolve these problems. The fifth chapter centers on the unitholders and the meeting of unitholders. The action of unitholders is explored in details. At last, the author inquiries the issues relating to the unitholders meeting and proposes legislative perfection on the powers, quorum and convening and motive of unitholders meeting. |
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