Financial Holding Company Regulatory Legal System Research

Since 1990s, with the economic and financial globalization and development of information technology and financial innovation. Reform of financial system all over the world is showing a tendency toward a transition from separate operations to universal operations. The model of financial holding company(FHC) developed quickly in the whole world financial system.Therefore, the author tries to use comparison, demonstration and economy analyses means to approach the legal problems on FHC. The article mainly consists of the preface, the main body and the concluding remarks, the main body comprises four parts, the main contents are as follows:The preface makes a general introduction to the internal and international backgrounds of the development of FHC, and then points out that the legal study on FHC is important and urgent.Chapter 1 primarily deals with concept of FHC with the related system comparison. The author analyzes the introduction with type to commence from the holding company's concept, derivation the concept of the FHC. For the concept of the FHC of more clear define, this return right and related the United States bank holding company, German universal bank, England bank parent Model. Chapter 2 discusses the basic theoretic of FHC. The author thinks FHC has become one of the main organization forms of the conglomerates coexisting with the universal bank and financial parent company and its subsidiary. And because of its unique superiority, the FHC has become the best choice of the countries whose financial system is changing from separate operations to universal operations. To seize the opportunity and greet the challenge, which means that we have to alter the initially established system of separate operation and specialized supervision. In order to evade the present regulation, some financial companies and enterprise groups have created a certain sum of financial holding companies or something 1ike this, but the lag of the related laws and rules is becoming the barrier to the practice of the FHC. The author brings forward some helpful advice for the development of FHC in our country.Chapter 3 is the legal regulation of FHC. In this part, the author respectively introduced legislative development and supervision law system of financial holding company of U. S, England, Japan and Unite the Forum, and then furthers its study on the main supervision framework, whose main elements including separate regulation, consolidated regulation, function regulation.Chapter 4 primarily indicates the internal and external causes of Chinese financial transition from separate operation to universal operation after a preliminary introduction to the institutional backgrounds and functions of Chinese separate operation system, and then makes a positive analysis to build the legal system of Chinese FHC, and the key to the design of the system.