Financial Conglomerate Law Of Insider Trading Regulation

The finance is the core of the contemporary economy, it moves forward in the unceasing innovation, the financial enterprise group is one kind of innovation of the financial enterprise organization form; this organization form complied with the world economics development and the globalization financial service integration current. Joining with WTO, our country is also been involved in this tidal current. Therefore, the financial enterprise group had taken root in our country and grown in the existing system of our country. According to incomplete statistics, at present in China there were at least two or three hundred companies worked in the name of financial holding company or the financial group but had not been acknowledged or not been directly registered. Because lacked of the corresponding legal rules and regulations, it inevitably would have much weak point; very important aspect is the supervising and managing question of the financial enterprise group's internal transaction. Just like Wu-Han University ProfessoT Li Renzhen said that: "In the true difficulty of financial enterprise group supervising and managing, is related to the internal transaction." This article is writing for the hope of carrying on the standard through the legislation to the financial enterprise group's internal transaction behavior. The full text was divides into three parts, its main content as follows:The first part elaborated the basic legal matter of financial enterprise group's internal transaction, including financial enterprise group and its internal transaction conceptual analysis. Mainly included the financial enterprise group and its internal transaction's definition, the characteristic as well as the agent analysis, finally unified the case to elaborate the hazardous of the wrongful internal transaction, and proposed the necessity to rule and regulation financial enterprise group internal transaction.The second part introduced the international experience of the developed country and area carry on the legislation to the financial enterprise group internal transaction, including American, European Union and our country's Taiwan area. The content mainly involved US "Federation Reserve Law" and "Financial Holding company Law", European Union "To Financial Enterprise Group's Credit Organs, Insurance Industry and Securities Company's Supplement Supervising and Revises Other Correlation Instruction Draft Resolutions" and "Large quantity Risk Exposition Instruction" as well as our country's Taiwan area "Financial Holding company Law", and then summarized the experience of these country and area of supervising and managing the enterprise group internal transaction.The third part is the core of this article, also it is the practical significance of this article, namely put forward the legislation proposal for our country's financial enterprise group internal transaction legal rules and regulations. Including to the financial enterprise group supervising and managing pattern construction; Carrying on the principle to the group internal transaction which the legal rules and regulations should be followed; The establishment of the financial enterprise group's internal control and exterior supervising and managing system, then the exterior supervising and managing included the financial firewall, the responsibility of information disclosed and the enhanced obligations of financial holding companies; Finally is to consummate the correlation law with specially to legislate carried on the coordination. To this, the entire article constituted had carried on the rules and regulations to the financial enterprise group's internal transaction question of the legal framework.