On The Legal Issues Of The Pledge Of The Funds' Shares

Funds as one of the investment tools have been boomed in our country in recent years. Because it's at the beginning in our country and its characteristics from other securities, the proper regulation hasn't been enacted yet, especially in the pledge of the funds'shares. Property law sets the legal status of funds'shares for being a pledge, but the related regulations are still immature. This paper focuses on the feasibility of funds'shares being a pledge and also tries to discuss the development of related regulations.The first part of my paper is about the jurisprudential basic of investment funds. Finds out the conception and the contents of the pledge right of funds'shares, and also its legal nature and it's one of the right pledges.The second part is about the establishment and the validity of the funds'pledge. Analyze the way of establishment of the funds'share, the repledge and the principle of public Announcement and trust.The third part is the effectiveness on the both sides of the pledge of the funds'shares.The fourth part analyzes the risks and its control of the pledge of the funds'shares which can guarantee the smooth development of the pledge of the funds'shares.The fifth part is about the realization of the pledge.The last part is the closing address which emphasizes the topic and the shortage of this paper.