Securities Companies in China Study on Protection of Investors’ Rights in Bankruptcy
|Course||Civil and Commercial Law|
|Keywords||Securities firm Bankruptcy process Investor protection|
China’s securities company investor rights protection system is not yet perfect in theinsolvency proceedings, in reality there are a large number of securities companies ininsolvency proceedings against interests of investors.2is the2007implementation of thebankruptcy law provided for securities company, but is the only provision in principle, and isessential for protection of investors ’ interests in the securities company of implementingmeasures and the enactment of the protection of investors ’ rights has not yet been introduced,making maintaining the interests of stock investors lack a legal basis. This article fromstrengthening the protection of investors ’ interests, building effective mechanism ofmaintaining the interests of, and analyzed the current predicament of Chinese securitiesinvestors protection, study and draw sophisticated securities investors protection mechanisms inEurope and on the perfection of China’s securities companies in insolvency proceedings on thebasis of relevant legal consideration to protect investor rights.This article is divided into four parts. The first part consists of the first two chapters, mainlyto explain the securities company’s related theory of the insolvency proceeding, analyzed theparticularities of the securities company insolvency proceedings, and analysis focused oninvestor interest, and part two, chapter III, mainly to the United States and the European Unionpermits in respect of investor protection systems covering, to achieve the effect of learning. Thethird part of the fourth chapter, main insolvency proceedings of China Securities companies inthe protection of investors ’ rights predicament analysis, including: legal predicament, unequaldistribution of the estate of securities companies, securities assets transfer process does notreasonably lead to impairment of assets and the role of investor protection Fund CorporationLimited. Part IV is the fifth chapter is mainly through the front of a three-part discussion,problems for China Securities Investor protection, and learn by comparison with foreignadvanced system, made several recommendations. From improving investor protection lawsystem in hand, on the stock recommendations of company insolvency proceedings, includingclear legal status of securities investors, maximise the estate.