Study On The Regulations Of Commercial Banks' Connected Loans

Commercial banks'connected loan is one of the most typical connected transactions, and must be regulated by the Company Law and so on. At the same time, Whether for their's producing reasons or harzards, commercial banks'connected loans have some different features from common connected transactions. It makes that our legislators must take some special legal system for them. However, for a long time, for the reasons of insufficient understanding on them, getting a wrong way to balance the security and the efficiency of commercial banks, not giving more attention for the legislation on the commercial banks'internal control mechanism and so on, the specific system of our country's commercial banks'connected loans has many questions to solve. This study tries to discover the content of the commercial banks'connected loans, and reference successful legislative experience form abroad, finally get legislative proposals to amend our legislative system, also to discover a new gap of the study on our country's legislation in commercial banks'connected transactions.This study has four chapters. The first chapter discusses the basic theory questions, the focal points are defining the concept and nature of the commercial banks'connected loans, and analyzing their's producing reasons and harzards. The second chapter discusses some general methods or ways of the regulations of commercial banks'connected loans from abroad, and gets some important inspirations from them for amending our regulations. The third chapter introduces the present situation of our regulations of commercial banks'connected loans, and summarizes the main legal questions from legislative guidelines and specific rules two perspectives, and analyzes their reasons. The last chapter is based on national conditions of China, references successful legislative experience form abroad, gets some legislative proposals for the questions from the third chapter, such as: establishing new legislative guidelines, defining the affiliates reasonably, amending the quantitative restrictions system, fair trading conditions, information disclosure system, liability system and so on.