Study About The Legal Issue Of Cross-Border Bank Mergers And Acquisitions

With the enlargement and deepening of international commodity production and trading, international goods trade continuously increasing requirement of quantity and diversity financial services, and also require this services should be serve in different countries or areas conveniently. So the financial service as one kind of services begins its international development, especially banking services.The Liberalization and globalization of international trade in financial services is an inevitable trend of economic developments in world. The globalization of the finance symbolizes the ages of economic globalization already arrival. From the eighties of the twentieth century, the outputting means change from output by the product to output by the capital. The direct investment of multinational financial service as one of means of internationalization service is getting more attention from people around the world.China became World Trade Organization (WTO) member in December 11th, 2001. For adapting financial liberalization requirement to its members by WTO, Chinese government begins his reform of internal finance industry along with legal of finance. February 22nd, 2006, Standard & poor's presented his new analysis report, China Top 50 banks, as conclusion of this report, Standard & poor's believe as deepen of Chinese banking two divides, it's a right opportune moment for bank mergers and acquisitions(M&A)., particularly for joint-stock commercial bank and city commercial banks.November 16th, 2006, after two years negotiation, the reorganization of Guangdong Development Bank had a happy ending. The group of Citibank finally acquire 85% of shares of Guangdong Development Bank with 24.1billion RMB. This case becomes no only one of the most biggest bank acquire case in Chinese history, but also the focus concern of financial and law field, on matter internal or international.This dissertation will try to provide reasonable propositions for China to properly comply with multilateral laws and to make effectively use of legal systems to safeguard China's infantile financial service industry and promote the development of trade in financial services of China by analyzing systematically the trend and content of the multilateralization of laws on international trade in financial services and supervision of multinational bank activity.Chapter 1, Raise the conclusion that the trend of cross-border bank mergers and acquisitions under economic globalization, by analyzing the definition, background and motive of cross-border bank mergers and acquisitions. Then suggest that under this trend China should perfect its own regulatory framework in two means. First, the leading mind of Chinese regulatory framework should be under either liberalization of international trade in financial services and supervisory cross-border bank; Second, analyzing and learning the regulatory framework of developed country.Chapter 2, Under the rules of international, introduce the agreement of financial service of WTO and rules of supervisory cross-border bank presented by Basle Committee. Under the rules of internal, introduce the rules of England and USA, analyze two countries how to deal with the relationship between liberalization of international trade in financial services and supervisory cross-border bank.Chapter 3, Analyze the differences of regulatory framework between China and this two developed countries.Chapter 4, Summarize the problems and defects of Chinese regulatory framework. Then giving the suggestions on how to perfect the cross-border bank mergers and acquisitions on Chinese regulatory framework.