지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
Fixed trust is most commonly used when considering for the management of a investor’s money. That is a type of legal financial arrangement in which a financial company can only buy assets listed in the trust contract for the benefit of the trust’s beneficiaries. As such, fixed trusts is non-discretionary, which means the trust is limited to purchasing certain type of assets the investor assigned. In a fixed trust, the creator sets or fixes beneficiaries of the trust as well as the types of investments. The trustee has no discretion in the types of investments.
However, in practice, the trust settler is commonly setting a very broad types of investments. For example, the settler just sets the stock as the investment types, and then the trustee could select which to hold(or not hold) in the investor’s portfolio. In this case, the trustee of a trust has very similar power to investment as the trustee of discretionary trust has. This is a big problem. This practice is not consistent to the nature of fixed trust. Another legal issue arises when the investment manager did subordinate the investor’s financial interest to other objectives(for example, for the interest of corporate of group). This is also a big problem of individual trust.
In the recent days, the financial supervisory organizations announced measures to protect the trust investors several times. However, they failed to enact those measures to now. Just best practice of trust business in promoting good behaviour in the trust business are made public by the Korea Financial Investment Association and expected to comply by the trust business industry by selves. It is only recommended to comply and it has not effective measures to discourage the unsound behaviours sufficently.
However, in practice, the trust settler is commonly setting a very broad types of investments. For example, the settler just sets the stock as the investment types, and then the trustee could select which to hold(or not hold) in the investor’s portfolio. In this case, the trustee of a trust has very similar power to investment as the trustee of discretionary trust has. This is a big problem. This practice is not consistent to the nature of fixed trust. Another legal issue arises when the investment manager did subordinate the investor’s financial interest to other objectives(for example, for the interest of corporate of group). This is also a big problem of individual trust.
In the recent days, the financial supervisory organizations announced measures to protect the trust investors several times. However, they failed to enact those measures to now. Just best practice of trust business in promoting good behaviour in the trust business are made public by the Korea Financial Investment Association and expected to comply by the trust business industry by selves. It is only recommended to comply and it has not effective measures to discourage the unsound behaviours sufficently.
목차
【초록】
Ⅰ. 서론
Ⅱ. 신탁의 금융투자상품화 현황
Ⅲ. 자본시장법상 투자자보호장치의 내용과 검토
Ⅳ. 최근 특정금전신탁관련 감독기관의 감독강화방안 검토
Ⅴ. 결론
참고문헌
ABSTRACT
참고문헌 (1)
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UCI(KEPA) : I410-ECN-0101-2015-320-002562825