| Recent years,with the development of listed banks business,foreign banks entering Chinese market in succession,the competition among the banks turn worse continuously. On the other hand,the bad assets of China's banks have significantly increased. When the banking sector which was in the"basically insolvent"situation,entered the bankruptcy reorganization became a kind of inevitable choice. The essay plans to be on the foundation of the theory of the legislation in the world,combined with the present situation of legislation in our country,to discuss the key problem in the bankruptcy reorganization.The first chapter describes the current situation of listed banks in our country.When the "basically insolvent" problems occur, the necessity of bank reorganization selection.The decline of capital adequacy ratio of banks brought shadow,in order to maintain the stability of the financial system, the administrative's attitude of the problem banks becomes from gradually close, liquidation to actively save. But in many relief measures, the reorganization system start flexible and can convert to other programs, when listed banks run into problems,choose reorganization process can save the business better.The second chapter describes which get hold of the main leadership right in the process of listed Banks reorganization. There are two different representative ways in the world,the banking supervision institution or the court occupy a position of dominance, this chapter analysis the dominant right of China's listed bank, based on the comparative discuss of two system.Chapter three from the supervision perspectives,to compare the administrative measures of "basically insolvent" banks.The regulatory measures include taken abroad, reforming financial, general public shareholders or creditors in reforming measures to save the bank. Our country general use m&a, take over control and so on to save the bank, to analysis the existing problem of the administrative measures.Chapter four discuss the judicial process to save the listed banks,based on the other countries legislation,from several aspect,such as the reorganization manager, meeting of affiliated persons,the regulator of the reorganization process and so on to analysis, try to build a system of reorganization of our problem listed banks.Chapter five discuss the information disclosure reorganization of listed bank information, to analysis the necessity of information disclosure and the problems. |
