회사법 개정안상 사채관리회사의 자격에 관한 연구 (Eligibility and Disqualification of Indenture Trustee under Revised Bill of Commercial Code on Corprate Law)

서지정보

· 발행기관 : 한국상사판례학회
· 수록지 정보 : 상사판례연구 / 21권 / 4호 / 137 ~ 167페이지
· 저자명 : 윤영신

초록

This paper analyzed the contents and rationale of the Presidential Decree on indenture trustee for corporate bond under the Rivised Bill of Commercial Code. The idea proposed by this paper for the eligibility of indenture trustee is that persons other than bank, trust company and financial investment firms under the Financial Investment Services and Capital Market Act(FISCMA) are not qualified to become an indenture trustee. The special interest of indenture trusee with the issuer which prevents him to become one should be designed using the "major shareholder" or "large shareholder" concept under Revised Bill of Commercial Code, Banking Act and FISCMA and 'business group' under Monopoly Regulation and Fair Trade Act.

영어초록

This paper analyzed the contents and rationale of the Presidential Decree on indenture trustee for corporate bond under the Rivised Bill of Commercial Code. The idea proposed by this paper for the eligibility of indenture trustee is that persons other than bank, trust company and financial investment firms under the Financial Investment Services and Capital Market Act(FISCMA) are not qualified to become an indenture trustee. The special interest of indenture trusee with the issuer which prevents him to become one should be designed using the "major shareholder" or "large shareholder" concept under Revised Bill of Commercial Code, Banking Act and FISCMA and 'business group' under Monopoly Regulation and Fair Trade Act.

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