Investigating the Function and the legal Structures of Mutual Funds

Mutual funds as a financial institution in Iran capital market, is one of the newest forms of collaborative legal structures which despite having some similarities compared to other conventional legal frameworks, has important distinctions too. Legal study of this institution with investigating its foundation and legal relationships and structure, not only helps us explain the legal nature, impacts and consequences of this financial institution but also will help analyze the rights and obligations of its factors and components, particularly its investors. In exploring the legal relations governing mutual fund with regard to legal entity of this financial institution, we came to the theory that each component is an element integrated into a whole legal entity. Trading securities as one of the main activities of mutual funds is considered as dealing real estate property which in the Commercial Law of Iran is known as a commercial operation and accordingly in determining the appropriate legal framework for this operation, we came across the commercial companies in form of stock companies. After surveying similarities and differences, we then reached a special pattern of stock companies with variable capital which can be foreseen by legislator in the new bill of the Commercial Law.