A Research On Perfection Of Legal Institutions Of Back Receivership

Receivership is a means of disposal of problem banks, it is similar to some extent with other related institutions, but there are many differences between them. Receivership does not negate the proper exit mechanism for banks, it is adopted when the deterioration or bank insolvencies will have serious impact on the interests of depositors and financial stability.This paper is composed of three parts including the introduction, the body and the conclusion.In the Introduction the author briefly state the background of the topic and the theoretical and practical importance of this thesis, and then point out some probable innovations of this study. Research tool is also introduced in this part.The first chapter is the analysis of the basic concept of receivership. Firstly, the author introduces three doctrines of the concept of receivership, and points out their defects respectively. Then, the author defines the concept of receivership by compare it with normal supervisory measures. Lastly, the author expounds three legal characters of receivership.In the second chapter the author argues that China's current legal institutions on receivership is far from perfect, main problems are as follows:vague on conditions of receivership; absence of procedures on decision-making and appointing receivers; absence of regulations on the receivers'rights and obligations; absence of the measures the receivers can take.In the third chapter, the author advances that in order to overcome these shortcomings, the following aspects should be improved. Firstly, we should clear and definite the conditions of receivership, which need to include credit factors and unlawful factors. To perfect procedures on decision-making, shareholders and other individuals can be allowed to propose application on receivership. Before making decision on receivership, investigation and hearing procedures are essential. Place stringent requirements on the qualifications of receiver, so that the regulatory authorities can choice proper receivers. The content of the decision on receivership must take the form of published notice, which should clearly state the receiver's rights, duties and responsibilities. Receivers can take following measures:taking over the property and business; improving bank governance structure, strengthening capability on risk control; a addition on capital on facilitating mergers. In addition, the receivers can also require the regulatory authorities to provide relevant regulatory support.The conclusion highlights the standpoint of this paper and sums up the demonstration structures.