Private law and public regulation for investor protection in the asset management industry: Aims and practices in transposing the UK model to China

40 Pages Posted: 14 Apr 2020 Last revised: 14 Aug 2020

See all articles by Joseph Lee

Joseph Lee

School of Law, University of Manchester

Yonghui BAO

University of Exeter - School of Law

Date Written: March 19, 2020

Abstract

The paper discusses how asset managers are regulated in the UK in order to provide investor protection and market confidence. Fiduciary duties and the duty of care in the English common law, statutory laws, the rules of the Financial Conduct Authority (FCA), and other industry codes are examined to provide an explanation of the UK regulatory approach to the asset management industry. The paper then discusses the extent to which a legal transplant of the UK model to China may be feasible as the asset management industry is currently being reformed in China. Recommendations are made for China to develop an independent asset management industry, to provide more investment outlets for investors, and to have effective enforcement mechanisms of laws and rules to deliver market confidence and investor protection.

Keywords: Asset Management, Fiduciary Duty, Investor Protection, Shadow-Banking, US-China Trade War, China

Suggested Citation

Lee, Joseph and BAO, Yonghui, Private law and public regulation for investor protection in the asset management industry: Aims and practices in transposing the UK model to China (March 19, 2020). Available at SSRN: https://ssrn.com/abstract=3557163 or http://dx.doi.org/10.2139/ssrn.3557163

Joseph Lee (Contact Author)

School of Law, University of Manchester ( email )

Oxford Road
Manchester M13 9PL, M139PL
United Kingdom

Yonghui BAO

University of Exeter - School of Law ( email )

Exeter, EX4 4QJ
United Kingdom

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