Research On The Capital Institution Of Rural Commercial Bank

Rural Commercial Bank is a new member of China commercial bank system procreated in 2000,when the experimental unit of the reformation of rural credit association was setting up.Since it came into existence,it makes prominent success on the sides of nailing property right down, heightening the capacity of management and risk resistance and improving the strength of supporting agriculture.Until the September of 2007,there are fourteen rural commercial banks practicing in China.Although the rank of it is continually expanding,there are a lot of problem under the condition of law deficiency,especially in the domain of bank capital institution.Bank capital is the stock capital which banks obtain from stock ownership financing.The main intent of it is to keep away of ventures of cash value losing and business loss,further to protect the legal rights and interests of depositors and creditors.Bank capital has more important meaning than company capital as following.Firstly,it tallies with the Scope Economic Theory and is the important resource of the interest of credit and loan.Secondly,bank capital can absorb risk.Thirdly,it is the basement of perfecting bank management system.To be brief,bank capital institution is the foundation and core of modern bank institution.Rural commercial bank,as a member of commercial bank family,it has more characters in capital institution than general commercial banks,including: (1) small capital scale;(2) extreme decentralization of stock ownership;(3) all the employees hold its stocks;(4) the capital must be collected from the place it sets up;(5) money is the only acceptable form of capital.All the above characters definitely decide the relevant particularities of the capital institution of rural commercial bank.This dissertation is written to supply theory support,operation instruction and legislation advice for settling the problems originating during the function of the capital institution of rural commercial bank. Rational capital institution is the base of nailing property right down, heightening the capacity of risk resistance and improving the management of juridical person,which is the essential viewpoint of this paper.The core of this dissertation is that the particularities of its capital institution decides the particularities of the limits of supervision department's functions and powers,operation keystone and relevant legislation of it while the characters of rural commercial bank decides the characters of its capital institution,so relative law and statute should be made according to the substantial condition of rural commercial bank.I select four most representative,important and essential capital matters to research,and bring forward my own legal suggestions for them under company law,commercial bank law,accounting law,tax law, contract law and so on.These aforesaid problems are legal matters in setting up,employee stock,increasing stock capital and initial public offering.The article is constructed by three parts.The first part generally introduces the capital institution of commercial bank and rural commercial bank,and amply analyzes the character,legal quality and law risk of rural commercial bank while makes a presentation and comment of the recent study of this subject.The second part is composed of three chapters.Each chapter focuses on one sort of the above capital matters of the rural commercial bank while every chapter uses Demonstrative Analyses and Comparative Analyses.The third part is the conclusion part,where I summarize the study aim,method,content and innovation in this dissertation and emphasize its core point again.