導航:首頁 > 基金投資 > 金融投資者保護

金融投資者保護

發布時間:2020-12-30 02:37:42

❶ 證券法的保護投資者合法權益基本原則。

法律總是傾斜保護弱者的利益,在證券市場中,投資者,由其是專中小投資者,由於信息不對屬稱、持股比例相對較小,相比於控股股東和公司管理層,其一般處於弱勢地位。為此,投資者的合法權益需要重點保護。

投資者的合法權益受到全方位的保護,意味著證券市場交易是安全穩定的。從而,其他投資者對市場就用信心,入市的資金和人數也會相應地增加。由此觀之,保護投資者的權益主要目的在於讓投資者樹立信心。因為,投資者保護不僅關繫到證券市場制度的規范和發展,而且也關繫到整個經濟的穩定增長。

至於投資者保護對證券法、金融法以及金融市場的運行的意義,主要體現在兩個方面:其一,保護投資者合法權益能防止損害中小投資者利益的行為,維護市場的安全,保持一個相對穩定的交易環境;其二,保護投資者合法權益能夠促進市場的成熟化,加快市場監管體系的構建和發展,並及時發現監管中出現的問題,影響未來相關領域立法的趨勢。

希望有所幫助!

❷ 出於保護投資者,尤其是大型投資者的利益,大多數國家和地區的政府監管機構,行業自律組織以及金融企業不

應該是保護中小投資者的利益。這是我國《證券法》里的內容。

❸ 2013年4月19日,下調證券公司繳納證券投資者保護基金比例,券商股整體板塊連漲幾天

2013年4月19號券商股整體板塊下跌了很長一段時

❹ 求(金融危機,如何保護證券投資者利)論文資料

Financial crisis
From Wikipedia, the free encyclopedia
Jump to: navigation, search
For the 2008– crisis, see Global financial crisis of 2008–2009.
The term financial crisis is applied broadly to a variety of situations in which some financial institutions or assets suddenly lose a large part of their value. In the 19th and early 20th centuries, many financial crises were associated with banking panics, and many recessions coincided with these panics. Other situations that are often called financial crises include stock market crashes and the bursting of other financial bubbles, currency crises, and sovereign defaults.[1][2]

Many economists have offered theories about how financial crises develop and how they could be prevented. There is little consensus, however, and financial crises are still a regular occurrence around the world.

Contents [hide]
1 Types of financial crises
1.1 Banking crises
1.2 Speculative bubbles and crashes
1.3 International financial crises
1.4 Wider economic crises
2 Causes and consequences of financial crises
2.1 Strategic complementarities in financial markets
2.2 Leverage
2.3 Asset-liability mismatch
2.4 Uncertainty and herd behavior
2.5 Regulatory failures
2.6 Fraud
2.7 Contagion
2.8 Recessionary effects
3 Theories of financial crises
3.1 World systems theory
3.2 Minsky's theory
3.3 Coordination games
3.4 Herding models and learning models
4 History
5 See also
6 Literature
7 References
8 External links

[edit] Types of financial crises

[edit] Banking crises
Main article: Bank run
When a bank suffers a sudden rush of withdrawals by depositors, this is called a bank run. Since banks lend out most of the cash they receive in deposits (see fractional-reserve banking), it is difficult for them to quickly pay back all deposits if these are suddenly demanded, so a run may leave the bank in bankruptcy, causing many depositors to lose their savings unless they are covered by deposit insurance. A situation in which bank runs are widespread is called a systemic banking crisis or just a banking panic. A situation without widespread bank runs, but in which banks are reluctant to lend, because they worry that they have insufficient funds available, is often called a credit crunch. In this way, the banks become an accelerator of a financial crisis.[3]

Examples of bank funds include the run on the Bank of the United States in 1931 and the run on Northern Rock in 2007. The collapse of Bear Stearns in 2008 has also sometimes been called a bank run, even though Bear Stearns was an investment bank rather than a commercial bank. The U.S. savings and loan crisis of the 1980s led to a credit crunch which is seen as a major factor in the U.S. recession of 1990-91.

[edit] Speculative bubbles and crashes
Main articles: Stock market crash and Bubble (economics)
Economists say that a financial asset (stock, for example) exhibits a bubble when its price exceeds the present value of the future income (such as interest or dividends that would be received by owning it to maturity).[4] If most market participants buy the asset primarily in hopes of selling it later at a higher price, instead of buying it for the income it will generate, this could be evidence that a bubble is present. If there is a bubble, there is also a risk of a crash in asset prices: market participants will go on buying only as long as they expect others to buy, and when many decide to sell the price will fall. However, it is difficult to tell in practice whether an asset's price actually equals its fundamental value, so it is hard to detect bubbles reliably. Some economists insist that bubbles never or almost never occur.[5]

Well-known examples of bubbles (or purported bubbles) and crashes in stock prices and other asset prices include the Dutch tulip mania, the Wall Street Crash of 1929, the Japanese property bubble of the 1980s, the crash of the dot-com bubble in 2000-2001, and the now-deflating United States housing bubble.[6][7]

[edit] International financial crises
When a country that maintains a fixed exchange rate is suddenly forced to devalue its currency because of a speculative attack, this is called a currency crisis or balance of payments crisis. When a country fails to pay back its sovereign debt, this is called a sovereign default. While devaluation and default could both be voluntary decisions of the government, they are often perceived to be the involuntary results of a change in investor sentiment that leads to a sudden stop in capital inflows or a sudden increase in capital flight.

Several currencies that formed part of the European Exchange Rate Mechanism suffered crises in 1992-93 and were forced to devalue or withdraw from the mechanism. Another round of currency crises took place in Asia in 1997-98. Many Latin American countries defaulted on their debt in the early 1980s. The 1998 Russian financial crisis resulted in a devaluation of the ruble and default on Russian government bonds.

[edit] Wider economic crises
Main articles: Recession and Depression (economics)
Negative GDP growth lasting two or more quarters is called a recession. An especially prolonged recession may be called a depression, while a long period of slow but not necessarily negative growth is sometimes called economic stagnation.

Declining consumer spendings.Since these phenomena affect much more than the financial system, they are not usually considered financial crises per se. But some economists have argued that many recessions have been caused in large part by financial crises. One important example is the Great Depression, which was preceded in many countries by bank runs and stock market crashes. The subprime mortgage crisis and the bursting of other real estate bubbles around the world is widely expected to lead to recession in the U.S. and a number of other countries in 2008.

Nonetheless, some economists argue that financial crises are caused by recessions instead of the other way around. Also, even if a financial crisis is the initial shock that sets off a recession, other factors may be more important in prolonging the recession. In particular, Milton Friedman and Anna Schwartz argued that the initial economic decline associated with the crash of 1929 and the bank panics of the 1930s would not have turned into a prolonged depression if it had not been reinforced by monetary policy mistakes on the part of the Federal Reserve,[8] and Ben Bernanke has acknowledged that he agrees.[9]

[edit] Causes and consequences of financial crises

[edit] Strategic complementarities in financial markets
Main articles: Strategic complementarity and Self-fulfilling prophecy
It is often observed that successful investment requires each investor in a financial market to guess what other investors will do. George Soros has called this need to guess the intentions of others 'reflexivity'.[10] Similarly, John Maynard Keynes compared financial markets to a beauty contest game in which each participant tries to predict which model other participants will consider most beautiful.[11]

Furthermore, in many cases investors have incentives to coordinate their choices. For example, someone who thinks other investors want to buy lots of Japanese yen may expect the yen to rise in value, and therefore has an incentive to buy yen too. Likewise, a depositor in IndyMac Bank who expects other depositors to withdraw their funds may expect the bank to fail, and therefore has an incentive to withdraw too. Economists call an incentive to mimic the strategies of others strategic complementarity.[12]

It has been argued that if people or firms have a sufficiently strong incentive to do the same thing they expect others to do, then self-fulfilling prophecies may occur.[13] For example, if investors expect the value of the yen to rise, this may cause its value to rise; if depositors expect a bank to fail this may cause it to fail.[14] Therefore, financial crises are sometimes viewed as a vicious circle in which investors shun some institution or asset because they expect others to do so.[15]

[edit] Leverage
Main article: Leverage (finance)
Leverage, which means borrowing to finance investments, is frequently cited as a contributor to financial crises. When a financial institution (or an indivial) only invests its own money, it can, in the very worst case, lose its own money. But when it borrows in order to invest more, it can potentially earn more from its investment, but it can also lose more than all it has. Therefore leverage magnifies the potential returns from investment, but also creates a risk of bankruptcy. Since bankruptcy means that a firm fails to honor all its promised payments to other firms, it may spread financial troubles from one firm to another (see 'Contagion' below).

The average degree of leverage in the economy often rises prior to a financial crisis. For example, borrowing to finance investment in the stock market ("margin buying") became increasingly common prior to the Wall Street Crash of 1929.

[edit] Asset-liability mismatch
Main article: Asset-liability mismatch
Another factor believed to contribute to financial crises is asset-liability mismatch, a situation in which the risks associated with an institution's debts and assets are not appropriately aligned. For example, commercial banks offer deposit accounts which can be withdrawn at any time and they use the proceeds to make long-term loans to businesses and homeowners. The mismatch between the banks' short-term liabilities (its deposits) and its long-term assets (its loans) is seen as one of the reasons bank runs occur (when depositors panic and decide to withdraw their funds more quickly than the bank can get back the proceeds of its loans).[14] Likewise, Bear Stearns failed in 2007-08 because it was unable to renew the short-term debt it used to finance long-term investments in mortgage securities.

In an international context, many emerging market governments are unable to sell bonds denominated in their own currencies, and therefore sell bonds denominated in US dollars instead. This generates a mismatch between the currency denomination of their liabilities (their bonds) and their assets (their local tax revenues), so that they run a risk of sovereign default e to fluctuations in exchange rates.[16]

[edit] Uncertainty and herd behavior
Main articles: Economic psychology and Herd behavior
Many analyses of financial crises emphasize the role of investment mistakes caused by lack of knowledge or the imperfections of human reasoning. Behavioral finance studies errors in economic and quantitative reasoning. Psychologist Torbjorn K A Eliazonhas also analyzed failures of economic reasoning in his concept of 'œcopathy'.[17]

Historians, notably Charles P. Kindleberger, have pointed out that crises often follow soon after major financial or technical innovations that present investors with new types of financial opportunities, which he called "displacements" of investors' expectations.[18][19] Early examples include the South Sea Bubble and Mississippi Bubble of 1720, which occurred when the notion of investment in shares of company stock was itself new and unfamiliar,[20] and the Crash of 1929, which followed the introction of new electrical and transportation technologies.[21] More recently, many financial crises followed changes in the investment environment brought about by financial deregulation, and the crash of the dot com bubble in 2001 arguably began with "irrational exuberance" about Internet technology.[22]

Unfamiliarity with recent technical and financial innovations may help explain how investors sometimes grossly overestimate asset values. Also, if the first investors in a new class of assets (for example, stock in "dot com" companies) profit from rising asset values as other investors learn about the innovation (in our example, as others learn about the potential of the Internet), then still more others may follow their example, driving the price even higher as they rush to buy in hopes of similar profits. If such "herd behavior" causes prices to spiral up far above the true value of the assets, a crash may become inevitable. If for any reason the price briefly falls, so that investors realize that further gains are not assured, then the spiral may go into reverse, with price decreases causing a rush of sales, reinforcing the decrease in prices.

[edit] Regulatory failures
Main articles: Financial regulation and Bank regulation
Governments have attempted to eliminate or mitigate financial crises by regulating the financial sector. One major goal of regulation is transparency: making institutions' financial situations publicly known by requiring regular reporting under standardized accounting proceres. Another goal of regulation is making sure institutions have sufficient assets to meet their contractual obligations, through reserve requirements, capital requirements, and other limits on leverage.

Some financial crises have been blamed on insufficient regulation, and have led to changes in regulation in order to avoid a repeat. For example, the Managing Director of the IMF, Dominique Strauss-Kahn, has blamed the financial crisis of 2008 on 'regulatory failure to guard against excessive risk-taking in the financial system, especially in the US'.[23] Likewise, the New York Times singled out the deregulation of credit default swaps as a cause of the crisis.[24]

However, excessive regulation has also been cited as a possible cause of financial crises. In particular, the Basel II Accord has been criticized for requiring banks to increase their capital when risks rise, which might cause them to decrease lending precisely when capital is scarce, potentially aggravating a financial crisis.[25]

[edit] Fraud
Main articles: Ponzi scheme and Securities fraud
Fraud has played a role in the collapse of some financial institutions, when companies have attracted depositors with misleading claims about their investment strategies, or have embezzled the resulting income. Examples include Charles Ponzi's scam in early 20th century Boston, the collapse of the MMM investment fund in Russia in 1994, the scams that led to the Albanian Lottery Uprising of 1997, and the collapse of Madoff Investment Securities in 2008.

Many rogue traders that have caused large losses at financial institutions have been accused of acting fraulently in order to hide their trades. Fraud in mortgage financing has also been cited as one possible cause of the 2008 subprime mortgage crisis; government officials stated on Sept. 23, 2008 that the FBI was looking into possible fraud by mortgage financing companies Fannie Mae and Freddie Mac, Lehman Brothers, and insurer American International Group.[26]

[edit] Contagion
Main articles: Financial contagion and Systemic risk
Contagion refers to the idea that financial crises may spread from one institution to another, as when a bank run spreads from a few banks to many others, or from one country to another, as when currency crises, sovereign defaults, or stock market crashes spread across countries. When the failure of one particular financial institution threatens the stability of many other institutions, this is called systemic risk.[27]

One widely-cited example of contagion was the spread of the Thai crisis in 1997 to other countries like South Korea. However, economists often debate whether observing crises in many countries around the same time is truly caused by contagion from one market to another, or whether it is instead caused by similar underlying problems that would have affected each country indivially even in the absence of international linkages.

[edit] Recessionary effects
Some financial crises have little effect outside of the financial sector, like the Wall Street crash of 1987, but other crises are believed to have played a role in decreasing growth in the rest of the economy. There are many theories why a financial crisis could have a recessionary effect on the rest of the economy. These theoretical ideas include the 'financial accelerator', 'flight to quality' and 'flight to liquidity', and the Kiyotaki-Moore model. Some 'third generation' models of currency crises explore how currency crises and banking crises together can cause recessions.[28]

❺ 證券投資者保護基金是什麼

1、證券投資者保護基金全稱中國證券投資者保護基金有限責任公司,於2005年8月30日登專記屬成立,由國務院獨資設立,證監會、財政部、央行有關人士出任董事,與2005年9月29日正式開業,又被簡稱為中投保。證券投資者保護基金公司的經營范圍包括證券公司被撤銷、關閉和破產或被證監會採取行政接管、託管經營等強制性監管措施時,按照國家有關政策對債權人予以償付。
2、按照章程,證券投資者保護基金公司董事會負責公司的重大決策,負責籌集、管理和使用基金資金,並按照安全、穩健的原則履行對基金的管理職責,保證基金的安全。
3、保護基金公司是國務院批准設立的國有獨資金融機構,性質為非營利性企業法人,主要負責證券投資者保護基金的籌集、管理和使用。保護基金公司歸口中國證監會管理。
4、為建立證券公司退出機制,保護投資者合法權益,籌集、管理和運作,證券投資者保護基金建立防範和處置證券公司風險的長效機制,促進我國資本市場改革和穩定發展。

❻ 被金融詐騙集團詐騙的投資者有沒有受到法律保護

如果你知道你被詐騙了並且已經報案了,受法律保護,如果沒有報案而且案子破了那也與你無關

❼ 證券投資者保護基金管理辦法的基金籌集

基金的來源:
(一)上海、深圳證券交易所在風險基金分別達到規定的上限後,交易經手費的20%納入基金;
(二)所有在中國境內注冊的證券公司,按其營業收入的0.5—5%繳納基金;
經營管理、運作水平較差、風險較高的證券公司,應當按較高比例繳納基金。各證券公司的具體繳納比例由基金公司根據證券公司風險狀況確定後,報證監會批准,並按年進行調整。證券公司繳納的基金在其營業成本中列支;
(三)發行股票、可轉債等證券時,申購凍結資金的利息收入;
(四)依法向有關責任方追償所得和從證券公司破產清算中受償收入;
(五)國內外機構、組織及個人的捐贈;
(六)其他合法收入。 證券公司應當繳納的基金,按照證券公司傭金收入的一定比例預先提取,並由中國證券登記結算有限責任公司(以下簡稱結算公司)代扣代收。證券公司應在年度審計結束後,根據其審計後的收入和事先核定的比例確定需要繳納的基金金額,並及時向基金公司申報清繳。
不從事證券經紀業務的證券公司,應在每季後10個工作日內按該季營業收入和事先核定的比例預繳。每年度審計結束後,確定年度需要繳納的基金金額並及時向基金公司申報清繳。 基金的用途為:
(一)證券公司被撤銷、關閉和破產或被證監會實施行政接管、託管經營等強制性監管措施時,按照國家有關政策規定對債權人予以償付;
(二)國務院批準的其他用途。 基金公司應依法合規運作,按照安全、穩健的原則履行對基金的管理職責,保證基金的安全。
基金的資金運用限於銀行存款、購買國債、中央銀行債券(包括中央銀行票據)和中央級金融機構發行的金融債券以及國務院批準的其他資金運用形式。 證監會負責基金公司的業務監管,監督基金的籌集、管理與使用。
財政部負責基金公司的國有資產管理和財務監督。
中國人民銀行負責對基金公司向其借用再貸款資金的合規使用情況進行檢查監督。 基金公司應建立信息報告制度,編制基金籌集、管理、使用的月報、季報信息,報送證監會、財政部、中國人民銀行。
基金公司每年應向財政部專題報告財務收支及預、決算執行情況,接受財政部的監督檢查。
基金公司每年應向中國人民銀行專題報告再貸款資金的使用情況,接受中國人民銀行的監督檢查。 證券公司、託管清算機構應按規定用途使用基金,不得將基金挪作他用。
基金公司對使用基金的情況進行檢查,並可委託中介機構進行專項審計。接受檢查的證券公司或託管清算機構及有關單位、個人應予以配合。 本辦法由證監會會同財政部、中國人民銀行負責解釋。

❽ 證券投資者保護基金制度是什麼

證券投資者保護基金由證券公司繳納的資金及其他依法籌集的資金組成,其籌集、管理內和使用的具體辦法由國容務院規定。

證券投資者保護(或補償)制度類似於存款保險制度,是資本市場發達國家和地區普遍建立的一種保護證券投資者的基本制度,也是證券市場監管體制中不可缺少的重要環節。

❾ 證券投資者保護基金的用途是什麼

基金的監督管理及運作。證券投資者保護基金有限公司公司應依法合規運作,按照內安全、穩健的原容則運用基金資產,並接受證監會等相關部委的監督。基金的資金運用限於銀行存款、購買國債、中央銀行債券(包括中央銀行票據)和中央級金融機構發行的金融債券以及國務院批準的其他資金運用形式。

基金來源:

(1)上海、深圳證券交易所在風險基金分別達到規定的上限後,交易經手費的20%納入基金。

(2)所有在中國境內注冊的證券公司,按其營業收入的0.5--5%繳納基金,經營管理和運作水平較差、風險較高的證券公司,應當按較高比例繳納基金;各證券公司的具體繳納比例由基金公司根據證券公司風險狀況確定後,報中國證監會批准,並按年進行調整;證券公司繳納的基金在其營業成本中支出。

(3)發行股票、可轉債等證券時,申購凍結資金的利息收入。

(4)依法向有關責任方追償所得和從證券公司破產清算中受償收入。

(5)國內外機構、組織及個人的捐贈。

(6)其他合法收入。

頻道。

環球青藤友情提示:以上就是[ 證券投資者保護基金的用途是什麼? ]問題的解答,希望能夠幫助到大家!

閱讀全文

與金融投資者保護相關的資料

熱點內容
理財王冠 瀏覽:623
理財客戶細分 瀏覽:16
st興業股票 瀏覽:136
怎麼購買印度基金 瀏覽:876
證券投資基金運作費用 瀏覽:84
企業如何通過基金融資 瀏覽:570
項目融資的結構 瀏覽:379
融資33 瀏覽:370
拆借信託 瀏覽:484
信託查詢平台 瀏覽:80
要約價格低於提示性 瀏覽:202
今日中國銀行匯率港幣兌人民幣匯率今日 瀏覽:312
北京富勤理財 瀏覽:665
晨鳴股票 瀏覽:91
炒股票破產 瀏覽:884
園藝股票 瀏覽:988
安徽汽車融資租賃 瀏覽:54
基金託管平台 瀏覽:379
中國投資協會張永貴 瀏覽:33
信託協同股東什麼意思 瀏覽:69