Legislative Study Of Negative Affiliated Contraction Of Bank Holding Fund Company

Financial innovation is pursuit procedure as one of the main body in financial markets in the development process. The bank holding fund company has become the one of the important international mode to achieve mixed-industry in last centuery.This mode system appears in 2005 After our 20 years of financial system reform ,and it is a great significance of China's financial legal system.Bank holding fund company can carry out the operations of the fund authorized by financial regulatory authority through the reasonable organizational model designed on the basis of financial regulation laws and regulations for the financial regulatory authorities to to achieve economies of scale and synergy, and to diversify the financial business risk of a single individual financial institutions, and to enhance the financial stability and efficiency of banking groups.But due to its inherent bank holding company funds generated background, the special organization structure, operations and of a mixed, cross-cutting and stacking relationship between the parent bank, which could generate new, holistic special risks.These issues arise from the incentives of affiliated transactions in financial holding environments, and generate healthy or unhealthy affiliated transactions, healthy affiliated transactions can increase the financial efficiency and effectiveness of the bank holding groups, and is contrary to the negative affiliated transactions, and, a key issue is how to properly resolve negative affiliated transactions, including fund companies and affiliated transactions of banking groups, and the affiliated transactions within the bank group in launching fund companies.The main theme of this article is how the China's financial legal system regulate the new financial system.This article try to discuss from the perspective of negative affiliated transactions related legal issues with commercial banks holding Foundation and our society and to analysis the related institutions system of bad affiliated transactions, as well as existing problems, accompanied by the corresponding countermeasures and systems design.This article is divided into three chapters : The content of chapter one is to make a analysis of the issues of bank holding company and negative affiliated transaction and to make preparation for the legal system to control the affiliated transaction of bank holding company .This chapter is divided into six sections : section I stated the concept of bank holding fund company , background and the impact of China's financial legal system.Section II discuss the definition of affiliated transaction, content, outreach and fundermental element of negative affiliated transaction; Section III discuss how the commercial bank holding companies generate negative affiliated transactions, and make a analysis of the cause from the perspective of the financial markets; Section IV addresses the types of bad bank holding company negative affiliated transactions Fund type; Section V addresses the characteristics of bank holding company affiliated fund transactions ;The final section addresses the hazards of bank holding fund company negative affiliated transactions.Chapter II deals with the definition of bad links, content, outreach and bad affiliated transactions constitute a fundamental element of the definition and affiliated parties; Section III deals with the commercial bank holding companies is how to fund negative affiliated transactions, from the perspective of the financial markets of its main causes; Section IV addresses the bad bank holding company affiliated transactions Fund type; Section V addresses bad bank holding company affiliated transactions Fund characteristics; The final section addresses the negative bank holding company affiliated transactions.Chapter III, the focus of this article, I make a assessmnent of related deficiencies and shortcoming of banks holding fund company's legislative systems according to the chapter II, this chapter is divided into two sections : Section I analyzed the complementary principle of the legal system about bank holding fund company affiliated transactions.Section II is a key part .I make some design or creation of several key regulatory system to supplement our controlling negative affiliated contraction system of the bank holding fund company. I hope it can be the reference of legislation or regulatory to control the negative affiliated contraction.