Study Of The Financial Holding Company Legislation

With the trend of comprehensive management of finance, the financial holding company (FHC) has become one of the main organization forms of the conglomerates coexisting. Though there are a large number of FHC in China, legislative constructions lag behind current development, which is not conducive to the progress of finance . It is the urgent demand for financial practice in China to carry on further investigation on legal measures and put forward the proposals to strengthen legislative constructions for FHC.The author respectively makes use of the methods of comparative study and relating theory to practice in order to fully discuss the issues of definition of FHC, legislative practice in typical countries and region, and the construction of legislation of FHC in China. The article includes three parts:The first part studies the basic legal issues of the FHC. It analyses the concept, legal characteristics and types of the FHC, and analyses its advantage and possible risks.The second part introduces the legislation practice of FHC in typical countries and regions(The United States, Japan, Britain, Germany and Taiwan of China), analyzes the characteristics and make comparison between them.The third part introduces the present situation of FHC in China, then analyzes the necessity and feasibility of legislation for FHC.The four part studies the issues of mode of legislation, value orientation of legislation, purpose of legislation and key problems in legislation. According to the thesis, China should make separate law for FHC, prescribing the legal systems of market access, market withdraw, capital adequacy, disclosure of information, corporate government and self-controlling, coordination and cooperation.