A Study On Legal Issues Of M & A Loan Regulation In Commercial Banks

With the gradual weakening of the international financial crisis, the world economy isgradually recovering, is brewing a new round of global M&A wave. China market economyas an important part of the global economy,China’s economic and financial development isparticularly eye-catching, China’s M&A market will usher in more opportunities.The current status of China’s M&A market analysis, mergers and acquisitions are stillsubject mostly large enterprises, financial institutions,especially commercial banks’participation in the M&A transactions in the rapidly improving.Can clearly understand fromthe history of economic development in the Western countries, corporate enterprises throughmergers and acquisitions to be come the giant of modern economic history is a prominentphenomenon.Famous big companies in the world today, almost all of them through mergersand acquisitions to develop.From the perspective of the national macro-control, corporatemergers and acquisitions are an effective way to adjust the industrial structure of thecountry.Corporate mergers and acquisitions as an important strategic development andexpansion of the adjustment mode,enabling companies to change the position in the market,but also to re-integration of market resources, thus promoting national pattern in variousindustries, adjusting the industrial structure,promote industrial upgrading.In recent years,mergers and acquisitions of China’s strong growth momentum, with mergers and acquisitionscomes, must be a huge demand for funds to pay for the acquisition of a large number ofrequirements and acquisition financing services.And in the current development of China’scapital market is not perfect,other acquisition financing instruments equity financing, debtfinancing,and other financing instruments are not fully open in the background, businessacquisition loan will have avast market demand.M&A loan business of Chinese commercial banks started late,since opening in2008M&A loan policy, the state regulatory policy both support is also limited.M&A loan from thetheoretical analysis of the regulatory main content regulation is primarily for compliance andrisk control, management, regulatory body should be comprehensive,including not only therespective national regulatory authority departments should also include commercial banksthemselves and industry community supervision.Also,when specifying the regulatory regimeshould seek a balance between both safety and efficiency, can be neglected one.Our existing M&A loans regulatory aspects in the system,the main regulatory andsupervisory methods have yet to be further improved, therefore,for the existing regulatory issues,remedy,should the internal regulatory laws and regulations,regulatory authorities,commercial banks control of all aspects of society and industry regulation,etc.perfect.Especially in China’s financial markets and the current economic transition,thepattern of changes in capital markets and development of the commercial banks in the face ofcompetition from other financing capital necessary to maintain their competitive edge but alsocontrol business risks,both in the balance Based on the M&A to provide more financialsupport.Therefore, commercial banks in new capital market competition,changes in servicedelivery should first take the initiative to contact the acquisition earlier intervention andloan-related customers,play to their strengths,be related to mergers and acquisitions.In thispaper, China’s commercial banks M&A loans regulatory issues faced by such legalregulation specification system is not perfect, regulatory agencies over management, lack ofcommercial bank internal management, industry regulation and social lack of supervision andother issues, put forward the corresponding countermeasures and recommendations, hoping toto improve and promote the healthy development of the M&A loan lending regulatorysystem helpful.