Study Of Legal Issues On Establishment Of Sme Internet-only Bank

On August 3, 2009, Hangzhou Municipal Government,China Construction Bank Corporation, Alibaba (China) Co., Ltd. signed a tripartite cooperation "network banking cooperation agreement",to jointly promote the formation of the SME Internet-only Bank.According to the tripartite agreement, three parties would jointly build two risk pools, and invested 20 million yuan respectively. Risk pool of funds will be under Internet banking credit risk compensation, which proceeds at a reasonable balance of risks based on the release online banking credit risk.Zhejiang Provincial Committee and vice governor Miner Chen said: "the co-founder of Internet-only banking is a very meaningful thing, Given it is a new style, we need all attention and support."The formation of SME compared to traditional banks, Internet banking, will take no counter, the operating mode of the whole network, from Xi Chu, loan approval, the lending process are taking some out of the operation of the network, therefore, access to credit for SMEs will be greatly simplified the process, the mortgage rate will be accelerated, the introduction of Internet banking network can effectively solve loans no collateral business financing channels narrow and difficult.Bank of the formation of SME networks will become China's first web-based system all set up the bank, the bank system and the operation of the system will be many significant breakthroughs in the CBRC and the People's Bank of the existing legal framework, therefore, banks in the SME network system design, how to meet the China Banking Regulatory Commission and the regulatory requirements of the People's Bank is bound to become the focus of the parties to consider. This article stresses the above background, combined with CBRC, the PBC's relevant laws and regulations, domestic and practical background to the formation of the legal risks of online banking issues.Besides the introduction and conclusion, this chapter is divided into forty-five.The first chapter discusses the establishment of SMEs in Internet banking Internet banking background and small and medium business scope and legal status. B2B payment platform will be by the plight of the traditional business model and the transformation of the meaning of SME networks and business banking, SME banking network to open the legal characteristics of the three levels discussed. Among them, the article introduces the establishment of small and medium online banking background of the two main reasons: 1, solution precipitation funds third-party payment platform; (for this reason is to facilitate the establishment of SMEs to source for online banking, the paper will introduce a third party payment platform development process, and the regulations promulgated in the background and analysis of relevant legislation to the impact of third-party payment industry, as well as the establishment of Internet banking for SMEs to solve these problems.) 2, to support SME financing, and elaborated by the current Small business Internet banking, Internet banking on the characteristics of SMEs and the model described.The second chapter discusses the network of banks to set up SME legal issues will be through e-banking access, financial services outsourcing to discuss the legality of the two aspects. For access, to a certain limit of the CBRC, the article will analyze the data for SMEs to obtain online banking customers, a special operating mode, time limit to solve the access problem. For financial service outsourcing, online banking form the reasonableness of the contract discussed in three aspects. May be more frequent than the traditional commercial banks, so Internet banking will design a set of sound risk control system, to achieve the regulatory requirements of the CBRC.The third chapter discusses the network of bank deposits for SMEs legal issues involved will be through the legal effect of electronic contracts, the new customer identification methods discussed such issues as the legality of including the client identification and internal authorization. The bank's customers for network identification problem, the article compared with the model - functional analysis of the law - the legality of such a logical system were discussed. As a huge breakthrough in the field of business operations, the network system of the bank's customers a very unique identity, but whether the legal and regulatory requirements of the CBRC, the article more in-depth study will be conducted. For internal authority, as Bank of SME networks using UKey authentication system, compared to the traditional authority within the enterprise, the SME Bank UKey mode Network internal legitimacy of authority is also worth exploring.The fourth chapter discusses the SME bank loans and intermediary business legal issues, legal issues will be through credit investigation, credit approval legal issues, post-loan management and other aspects of legal issues discussed. Credit investigation, online banking for SMEs can not have the same as traditional paper-based commercial bank investigation files, the SME Bank survey mode network whether the requirements of the CBRC is also worth exploring.The fifth chapter will compare the analysis of the development process of U.S. online banking, and development issues involved in the process, in reality, these problems did hamper the pure online bank in the United States and the Asian Network of the banking system is more developed areas of the regulatory and practical experience development of small and medium enterprises as the first pure Internet banking Internet banking, should be fully learn a lesson, the article will focus on the interest rate pricing, two aspects of risk control for the formation of the Internet banking operation of small and medium enterprises provide recommendations.