| Commercial Bank M&A is a take-over of property in some extent resulting in the transfer of the assets ownership from the target commercial bank to the acquiring one which increases its economic power and speeds up to realize its economic aim. It includes three kinds legal form, such as merger, consolidation and acquisition etc .With the sharp complete of market place. That commercial banks merger and acquire at random effects the stable of financial system in all kinds of countries. As market-directed economy is a kind of rule of law economy, commercial bank M&A must adhere to the rule of market that M&A is a market-directed conduct. Governments of countries work out law system about Bank M&A, so bank M&A can go on orderly and efficiently and stabilize the banking.Compared with the law system of Bank M&A of relatively developed foreign countries, China hasn't adopted any specific law to regulate the bank M&A, so that some questions about Bank M&A can not be regulated by law. With our finance trade being opened to traffic, commercial bank M&A competes more severely. Therefore, on the basis of using the legislation of the western countries as a reference, and take into account Chinese situation, our government should perfected the law system about Bank M&A in macroscopic level and microcosmic level. Macroscopically, our government should set up right guide ideology, and perfect the thought of the legal regulations, so that indicates the road for our country's commercial Bank M&A, and draws up some favourable policies and advances ability of superintendent, so that structure a good outside environment for Bank M&A. Microcosmically, China should reconstruct its bank industry and set forward some laws to regulate the commercial Bank M&A. adopt a law to regulate the Cross-border bank M&A according to the WTO system. Next, the legislative branch should engage itself in the improvement of some relevant laws, such as antitrust law, the law of evaluation on state-owned assets.
|
PDF Full Text Request