Research On The Market Withdrawal Legal System Of Weak Foreign Banks

In 2008, the United States broke out the subprime mortgage crisis of the global financial industry, the global number of leading multinational banks and investment companies bankruptcy and face delisting by the financial crisis. July 21, 2010, the president signed the financial regulatory reform bill, "Dodd—Frank Wall Street Reform and Consumer Protection Act", the United States Even the global financial regulatory system is bound to have a significant impact by the bill.With China's financial industry having the further integration of international financial markets after joining WTO, we committed to grant national treatment to foreign from 2006, China's banking sector open to foreign investment. Currently, several international banks have entered China's financial markets, their branches all over Shanghai, Beijing, Guangzhou, Shenzhen, Xiamen, Tianjin and other coastal areas. Foreign banks have become an important part in China's financial system. In 2008 the U.S. subprime mortgage crisis triggered by the global financial crisis, the impact of foreign banks in China can not be ignored, banking institutions dissolved, revoked off, bankruptcy and so on will become more popular, which will surely lead to more financial risk serious. However, the delisting system construction of weak foreign banks in China is at an early stage, the current lack of legislation, the courts can not provide a complete, operational institutional framework, once the existence of operating risks faced by foreign banks withdraw from the market, China must have the legal system to be matched, reasonable arrangements for troubled foreign banks delisting is imperative.Paper is divided into five parts. Firstly, study the weak foreign banks delisting system principle and necessity; Secondly, as the theoretical basis to study the weak foreign banks withdrawal from market, by the advanced experience of the legal system in Western countries and the Basel II international banking regulatory requirements, summary of practice experiences and lessons learned; Again, analysis of the current issue of the lack of foreign banks withdraw from the market system, give some of we own views on how to improve the system of the relevant proposed delisting, for example, solve the problem of extraterritorial effect of bankruptcy law, reasonably determine the home country and host country governments and withdraw from the market regulators in the role of foreign banks. Finally, make systematic arrangements supporting system of foreign banks in the delisting based on the previous studies established, give some constructive views, which are suitable for China in establishing a deposit insurance system, can improve the differential treatment of lender of last resort and other aspects of the system. Trying to put forward to a possible proposal to sound the legal system of weak foreign banks delisting, establish the market withdrawal legal system of weak foreign banks to comply with WTO rules.