Research On Regulation Of The Foreign M & A Of Chinese Commercial Banks

Content:With our banking industry is being opened up more and more foreign banks to enter into our country, our commercial bank to effect merger, foreign banks to the advent of our banking industry has advanced management and, more foreign capital into china's bank of china's commercial bank's capital ratio improved to strengthen and improve management standards in our banking, our bank to the inculcation of ideals, the risk of our commercial banks of the gradual。Make our country of the trade bank gradually get away from to completely depend on the principle that administration takes charge of and screw but paid attention to in the oneself inner-controlled and the control of management risk horizontal, in fine, entering of foreign capital bank to our country of the trade bank brought many new appearance, but the foreign capital merges oneself is "double blade sword", On the other hand, foreign capital's merging the trade bank of our country is the premise that maximizes in the profit-push to down carry on of, so, it merges the purpose of behavioral original intention and our country introduction of foreign capital anticoincidence, caused the foreign capital merge taking charge of of behavior and our country like this law phase impact, certainly from a different angle also corroborated our country take charge of to the foreign capital merger of necessity.The foreign capital merger and acquisition Chinese-funded bank used many was still the stockholder's rights merger and acquisition form, because its procedure was simple moreover conforms to our country's Commercial bank to develop the truth. Our country's foreign capital merger and acquisition's supervision legislation overall looked that presented the legal framework not to be unified, each kind of position step's law, the laws and regulations conflicted mutually in the content, simultaneously our country not yet is clear regarding the supervision goal as well as the objective, mentions our country also to have many flaws specifically regarding the foreign capital merger and acquisition supervision legal regime in the below aspect:First, regarding the foreign capital merger and acquisition side admittance's qualifications examination existence limitation, in the merger and acquisition side has included the Investment company, like this introduces the foreign capital regarding our country to be disadvantageous; Second, in owns stocks the proportion to the foreign capital as well as owns stocks the deadline aspect to stipulate that still had the flaw; Third, mixes industry the management regarding the foreign capital merger and acquisition side for our country the impact which divides industry the supervision to bring as well as inconvenient; Fourth, not yet with investor motherland establishment effective cooperation mechanism;Then after having analyzed the overseas developed country advanced legislation as well as the supervision experience, proposed consummates our country regarding the foreign capital merger and acquisition Chinese-funded bank supervision legal regime's suggestion: First analyzes overall, our country should consummate the supervision law the unification, the formulation specially "Bank Merger and acquisition Supervision Law"; Our country when carries on the supervision once more to the bank merger and acquisition, should maintain our country's financial order stability, safeguards our country's financial security. Then begins from the consummation law supervision's concrete system, has analyzed the preamble has enumerated the system flaw one by one, proposed the consummation related system's specific measures.This thesis search of purpose mainly by way of orientation our country latest of the bank merge to practice stance, close wedge bonding our country the present condition of the financial banking economic development, propose perfect our country the foreign capital merge amid property bank of law system and correspond of take charge of measure.Currently, our country of with this related law system already incapability full orientation our country the foreign capital bank merge of present condition, the shape of law system gets behind with our country economic development, the current law system Ji treats perfect, so the textual search subject has and realistic and close wedge bonding, have certain realistic meaning.Pay attention to transversal in studying method and lengthways of contrast, wedge bonding our country of the foreign capital in recent years merge amid the law of the property bank deveolp process, and and the collate of the foreign forerunner's legalization experience, summary experience, draw the way of doing of taking the forerunner, correct don't suit physical law specification. At the same time, this text makes use of the thinking method of absorption, the law of close wedge bonding our country deveolps present condition and tally up don't suit our country the related law bug of the economic development, then proposed a perfect suggestion.Foreign capital's merging the trade bank of our country has already become a kind of shape trend, our country of open of economies absorb Na foreign capital bank, at the same time as to it's of the law take charge of to still keep existing some lag characters currently, at analyze the merger of foreign capital bank to move because of after, and wedge bonding latest of the foreign capital merge to deveolp a situation, the submission corresponds of perfect suggestion.