نوع مقاله : مقاله پژوهشی
1 دانشجوی دکتری حقوق خصوصی، دانشگاه آزاد اسلامی، واحد تهران شمال.
2 استادیار دانشکده حقوق الهیات و علوم سیاسی، دانشگاه آزاد اسلامی، واحد علوم تحقیقات تهران، (نویسنده مسئول)
3 استادیار گروه حقوق خصوصی دانشگاه آزاد اسلامی، واحد علوم تحقیقات تهران، ایران
4 استادیار دانشگاه آزاد اسلامی واحد الکترونیک
عنوان مقاله [English]
Private Banks are established in Iran with the legal nature of public joint-stock companies and public joint stock cooperatives. Therefore, the realization of conflict of interests is inevitable in its nature. This problem must be treated otherwise, it will not be long before the business falls into a state of stagnation and eventual liquidation. This paper seeks to identify the types of conflict of interest that may arise between major shareholders, managers and other stakeholders. The special legal relationship that exists between managers and shareholders is one of the most important causes of conflict of interest, known as the agency crisis. But a good solution must be able to resolve these conflicts and achieve the specific goals of the banks in this way. Corporate governance has been suggested as the most appropriate solution for this purpose. Examining the corporate governance, it was found that this governing body can cover the supervision more confidently with tools such as self-supervisory or other supervisory, by creating audit committees from inside or outside the bank and also by adding non-executive managers from outside the company. In this way, it will help to resolve these conflicts in private banks.