bachelorThesis
La gestión colectiva: Una estrategia para las holdings. Estudio comparativo entre derecho francés y derecho colombiano
Fecha
2016Autor
Saray Niño, Maria Andrea
Institución
Resumen
Originally presented in French as the final research for Masters Degree in Banking Law and
Finances at the Strasbourg University, this research has the purpose of analyzing the “Gestion Collective” as a strategy for the Holdings. Knowing in English as Collective Portfolio
Management, la “Gestion Collective” it’s a french term to appointed a financial intermediary who converts thrifts or savings in collective portfolios. In Colombia, it is called Carteras Colectivas or Fondos de Inversión Colectiva. This financial vehicle can be referred as a democratization of finances since it channels savings from the population to the main industries, allowing enterprises to take individual thrift and transform it in source of new funds for Holdings, and keeping easy population access to finances. That is why, frequently it is used to approach this subject from the vision of the investor and his protection without taking into account the vision of the enterprises interested by implemented this kind of services. Nevertheless, this study analyses the “Gestion Collective” as a possible strategy for the Holdings, studying from their standpoint, the implementation of “Gestion Collective” as a strategy for raising new funds for the Holdings. In that sense, comparative law help us to better understand if this strategy it’s overall viable or if, as in banking law, some countries are more beneficial than others. This is a multidisciplinary study in which we take into account legal, economic and political variables, implementing also economic theories applied to Law studies as Law & Economics. At first, we will focus on a comparative law study between two legislations from countries with a different level of development, namely France and Colombia. Plus the second part will analyze the role of the “Gestion Collective” within the Holdings and its pros and cons according to applying legislation.