Study Of The Regulation On Commercial Banks Information Disclosure

Information disclosure of commercial banks is a dispute-invoking topic. Recent years scholars gradually come to the same point: information disclosure of commercial banks is necessary and feasible. The research of this topic in finance has received much development. But the research in law is just at the threshold. Starting from jurisprudence and combining the new Basel accord and the reality of China, this paper tries to discuss how to conceive the rule of commercial banks information disclosure in China with the method of comparison. This paper is divided into six parts:The first part discusses the foundation in law of commercial banks information disclosure from corporation law, financial law and contract law. First, commercial banks have the characteristics of"public corporation". Second, information disclosure is essential to investor protection. Third, the two parties of disposition contract is equal. These three points support commercial banks to disclose information in law.The second part talks about the new Basel accord. It starts from introducing the content of the new Basel accord, then focuses on the positive effect of the market discipline on solidity of commercial banks, stability of financial system and banking supervision to illustrate the economic function of commercial banks information disclosure.The next three parts investigate concrete rules of commercial banks information disclosure. The third part studies the subjects of commercial banks information disclosure and the relationship between them. The new Basel accord enlarges the scope of subjects. Besides, this paper fingers out the differences of information disclosure between commercial banks and listed corporations and discusses how to divide and harmonize the work of regulating and supervising listed commercial banks and non-listed ones on this basic.The fourth part discusses how to regulate the content of commercial banks information disclosure from the"quality"and"quantity"of the information. The"quality"of the information refers to the characteristics of the information while the"quantity"refers to the content limit of disclosed information and the boundary of public information and proprietary and confidential information. The fifth part analyzes the liability of commercial banks information disclosure, concentrating on the compensatory liability of the inner persons of commercial banks, administrative and penal liability of the subjects of commercial banks information disclosures.