Financial Holding Company Supervising Legal System

After 1980s, the minute operational monetary system limited competition already is the deficient system, weakening competition between the different types financial organs at the same time , also causing each financial organ to lose to put forward the financial innovation to strive for the survival, to participate in the whole world money market competition. Along with various countries' finance control relaxing around the world money market integration development. How to change the traditional finance industry minute operational pattern in the safeguard finance industry security and the order premise, enhancing the financial enterprise competition abilities ? It becomes difficult problem which the minute operational pattern country inevitably faces. The financial holding company pattern has exactly satisfied the above request. On the one hand, financial holding company is group mixing industry, thus is helpful to category economy achieving, promoting finance enterprise competitive ability comprehensive promotion;On the other hand, the financial holding company interior still follows "a minute operational", each subsidiary company independent operation, this caused the original minute supervising and managing system still to be possible effectively to operate, It is advantageous to the guard finance risk, maintained the financial security. At the same time, in the reality the financial organ in the legal crevice from the strict minute operation to mixing management all sorts of attempts indicated strengthened the financial organs to the money market compatibility;The multiplex management founded the huge development space for the financial enterprise's financial product;"Supermarket" the management way enhanced the service efficiency, reduced the service costs.These all satisfied financial organ and so on the bank has sought the new profits to grow a need. Thereupon , English , American , Japanese and the district of Taiwan and so on, revise the law in abundance, nearly at the same time takes the financial holding company the realization mixing industry operation the organization form.According to the present laws and regulations, our finance industry is "a minute management, dividing industry supervising and managing" pattern, but in 1999 take US through "Financial Service Modern Reduction" as the symbol world finance industry by under the minute management trend mixing industry management big background , each kind of financial holding company which in our country economy development gradually forms also unceasingly is breaking a minute industry barrieronce more, the trend mixing industry spring. We knew the financial holding company often has the profession risk, the capital risk, the management risk, the management risk ,as well as the risk transmission in the operation ,and so on. Based on this, our country can take advantage of the experiences from various countries' fmance holding company supervising and managing the legislation . The formulation and the consummation "Financial Holding company Law", by the time, it can be the standard financial holding company's operation , maintaining the financial security and order and protecting investor's legitimate rights and interests.This article is through legal comparation with various countries' finance holding company laws and the international organizations document introductions supervising and managing , analysed of fmance holding company's concept and its the supervising and managing law system and the main content and conditions which develops. Finally, according to our country's finance holding company policies, I construct our country's finance holding company supervising and managing law and put forward the proposal.