| As a financial holding company under the traditional mode of regulation of product innovation, under the existing laws and regulations within the scope permitted by the breakthrough in the past, financial institutions, the organizational structure of model, thus has realized the financial multiplication service request, enhanced the competitiveness of financial institutions. However, any thing has the dual character. The finance Holding company while brings the benefit, has also hidden the huge risk, has caused some new questions. Arising from these issues is the greatest incentive for the financial holding company under the unfair trade practices associated. Therefore, it is necessary to carry out the financial holding company effective legal regulations, of which the most critical aspect of the transaction is related to its internal legal regulations. Based on this I intended to be financial holding company law related party transactions for the system of writing, the main structure of this article is divided into three chapters, are as follows:Chapter I briefly discusses the financial holding company within the relevant agency. First of all, clear that the financial holding company's internal institutions have some relevance, in essence, is a kind of associated enterprises. Secondly, the relevance of its internal institutions brought about by the special advantages and risks arising from the analysis of special note. On the one hand, because its internal institutions interrelated characteristics make engaged diversified financial business financial holding company showing single structure financial institutions not available special advantages. On the other hand, precisely because of this organizational structure is also the specificity of the financial holding company in the operation had to face some special risks.Chapter II from a legal point of view of the financial holding company of the related party transactions. Have been identified since the company's internal financial holding inter-agency has some relevance, in essence, is a related enterprise, it is within its associated transaction is unavoidable, so in the second chapter of the introduction of the author and then related party transactions of its legal analysis of the problem. First of all, cited the Joint Forum, the European Union and China's existing legal documents, as well as related party transactions on the financial holding company as defined in the related party transactions. Secondly, on the financial holding company of the legal characteristics of related party transactions. Because of the financial holding company, related party transactions must be based on the study of their cognitive basis of a correct understanding of their concepts and their characteristics is the right to do the basic elements of cognition. Finally, the financial holding company of the legal risks related party transactions carried out a more detailed analysis and discussion. A comprehensive analysis of the financial holding company of the legal risks related party transactions of great significance because it is their legal system to solve the problem, or it can be said that the financial holding company, related party transactions the subject of legal regulation.Chapter III discusses the comprehensive financial holding company law related party transactions system. This is the focus of the full text of the chapter. Since the financial holding company have seen the risks associated with the Stock Exchange Association, then the next step is how to effectively regulate the system to guard against the potential risk of these problems. First of all, must be sure that the need for legal regulation of the scope of related party transactions, that is, the scope of improper related party transactions. Secondly, through the outside (Joint Forum, the European Union, United States of America) financial holding company regulations related trade practice laws were introduced and research, summed up the experience of art for our country's relevant laws and regulations in order to learn from practice for the purpose. Finally, the perspective will look back to our country, and the author of the current status of related laws and regulations to carry out analysis on the basis of the proposed establishment of a sound financial holding company in China related trade regulation legal system to offer a few ideas.In short, the related party transactions as an economic phenomenon, has its deep root causes of economic theory. Similarly, in the financial holding companies to prevent the conduct of all related party transactions is unwise and contrary to economic laws. Therefore, the financial holding company for the related party transactions, we can not completely, all to be negative, but should focus on building an effective system of legal regulation of its appropriate regulatory system, in order to achieve efficiency and safety of a win-win situation. |
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