Analyses The Legal Issues In Special Asset Management Business

The revised Pilot Measures for Specific Customers Asset Management Business by Fund Management Company, effective as of November1,2012, has broadened the scope of specific customer asset management business with allowing subsidiaries set up by fund management company to engage in the specific asset management business engaged in by fund management company. Fund management companies have set up subsidiaries, issuing special asset management business plan. As of July2014, less than two years, the fund subsidiary special asset management plan has reached2.29trillion. However, special asset management business exits various problems currently. Therefore, the study of the special fund subsidiary asset management business legal issues is very important.The article is divided into five parts. The former two chapters focus on theoretical research, providing theoretical basic for the follow-up study and the overall context.In the first chapter of the article, the author briefly analyzes the specific asset management business and describes the background of the specific asset management business, then the author explains basic conception and the developmentof the specific asset management business. Next the article comparative analysis the special asset management business and other related business. For example, the similarities and differences between the specific asset management business and the securities company collection asset management business, trust business, public funds, sunshine private equity funds. The second chapter mainly introduces several theories about the specific asset management business law legal relationship, expounded the essence of the specific asset management business as the trust legal relationship, then the article analysis the obligations and the rights in the special asset management business. In the third chapter, based on the situation of special asset management business in China, the author introduces the main mode of special asset management business, and analysis of the existing legal relationship. The forth chapter analyzes the various that existed in the specific asset management business, such as asset management contract unequal rights and obligations, asset custodian improper supervision of asset managers, institutional investors apply appropriate and inappropriate practices occurring in each kinds of compliance.Aimed at various problems in the forth chapter, the fifth chapter puts forward the author’s suggestions.