자본시장법상 집합투자업자 정리․파산절차에 대한 실무 연구

“Collective investment business entity(Asset Management Company)” on “Financial Investment Services And Capital Markets Act” is a corporation who sets and manages public offering funds and private equity funds like hedge funds. If a Collective investment business entity falls into insolvency, it will be extincted through the bankruptcy procedure in the court after the Financial Services Commission(FSC) makes investment traders or brokers(sales agencies) to establish a “Bridge-fiancial company”, transfers funds to it and makes investment traders or brokers to compensate investors for damages. This paper deals with procedures of resolution of the FSC and bankruptcy of the court. In the procedures of resolution and bankruptcy for the Collective investment business entity, there are three features which are ① adopting legal principles for investment trust, ② not being “insured financial institutions” on “Depositor protection act”, ③ the presence of multiparties like investment traders or brokers, trust business entities(trustees) in these procedures. These features make several differences between the resolution and bankruptcy procedures for the Collective investment business entity and them for the other fiancial companies. In this paper, I will focus on how these features affect procedures of the resolution and bankrupcy. In detail I will deal with how to transfer funds, establish the Bridge-fiancial company, compensate for investors, judge about causes of bankruptcy, assign and control receivers under the court, inspect claims and judge in Claim Allowance Proceedings for FSC and Bankruptcy-Court.