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Branch Agencies In The Location In The Commercial Bank Market Exit

Posted on:2013-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:C Y JiaFull Text:PDF
GTID:2246330374458292Subject:Law
Abstract/Summary:PDF Full Text Request
Bank is financial institutions, especially,the commercial banks, which is the longest of history, most extensive range of and the most diverse level of services, most far-reaching affect of socio-economic and people’s living, which is the most foremost Subject of financial system in most of the country and the nerve center of the economic life of the people. he commercial banks provide the service for the state,from taking care of public savings and the vast majority of deposits, and dealing with a variety of settlement. They can create and implement the trust of financial, meanwhile which are closely related with People’s lives and the national economy. Once a bank failure must give the most underestimated of the impact to the Finance, economy of the Country, what is the even more serious is the basic livelihood of small and medium-sized depositors will be threatened, so that a bank failures would seriously threaten stability of the entire social. So, all most national legislators are working to improve the Bank Bankruptcy Law, and give the bank regulatory agencies adequate and reasonable statutory functions in bank failures. The bad bank should be eliminated. After joining the WTO and establishing the CBRC, China’s legislation, as well as the Government has been increasing emphasis on access and continuous supervision of the banking market, however, so little substantive change in the legal aspects of market exit. Chinese bank failures to be adjusted by the many scattered and independent laws, administrative regulations and judicial interpretations, However, the specific provisions of provisions is very limited, which related to the banking regulatory body position in the bankruptcy of the entire commercial banks,Even if the few regulations exist, but mostly the lack of a clear targeted, systematic and even operational. In improving our general corporate bankruptcy provisions, the new "Enterprise Bankruptcy Law", played an important role, but it only provides the principle of the bankruptcy for financial institutions (especially banking).At present, the existing legal literature almost never do the professional and systematic research on the special role of the bank regulatory agencies in the bankruptcy of commercial banks,so that their important role and status of custody is difficult to get the highlight in commercial bank insolvency law, and regulatory functions are weakened in the bankruptcy proceedings of the commercial banks. Tt is difficult to get effective protection of the interests of bank shareholders, depositors and other stakeholders. Therefore, it is important to how to formulate the laws, specifically which is applicable to commercial banks to bankruptcy, administrative statutes or regulations, and banking regulators in the set of bankruptcy proceedings. And they include banks to bankruptcy, the prevention, bankruptcy reorganization and liquidation to be accurate positioning.This article is divided into a total of five chapters, starting from the concept and nature of the commercial banks, doing research about bank regulatory agencies, the basic role and function,different functions of the main body of the bank regulatory agencies playing in the insolvency proceedings, regulatory measures being adopted by the regulatory agencies in the bankruptcy prevention, the measures being taken by the regulatory agencies in the bankruptcy and restructuring program in order to bail out insolvent banks, the positioning of the regulatory agencies in the bankruptcy and liquidation, as well as regulatory issues such as custody of the regulatory bodies to be analyzed. Their aim to set border for the power of the banking regulatory institutions in the bankruptcy legislation of our country’s banks and provide theoretical support to protect the creditor’s rights of the banks effectively and prevent some unstable factors caused by the bankruptcy of the commercial banks.
Keywords/Search Tags:Supervisory and Regulatory, Institutes of Bank, Commercial Bank, Bankruptcy, Orientation
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