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Legal Regulation On Trust Business Of Wealth Management In Commercial Banks

Posted on:2013-07-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y HeFull Text:PDF
GTID:2246330395451759Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Trust wealth management business of commercial banks means: commercialbanks and the trust companies build a trust through a trust contract, and then asprincipal, the bank give the trustee all the funds which are the collection of investors’money as trust property. Trust Companies as the trustee, would invest and manage theproperty in accordance with the contract of trust. Trust property and income will bedistributed to the investors after the expiry of the trust. Bank Trust wealthmanagement business combines banks and trust companies their business advantage,broadening the channels for the use of financial resources to meet the financial needsof investors. At the same time we are well aware, bank trust financial business facedwith many legal issues. This article attempts to legislative and practical level of legalissues in-depth discussion and analysis, drawing on the successful experience ofdeveloped countries, based on the legislative status of our country, a complete set oflegal regulation proposal. This article is structured as follows:The first part, the author starts from the basic theory of trust financial business ofcommercial banks. On a clear conceptual basis, the author explains the concept ofbanking and trust financial business in accordance with the classification of differentstandards, critical analysis of the legal nature of the bank’s wealth managementbusiness trust different points of view. On this basis, trust financial business ofcommercial banks is defined as the essence of the legal trust relationship. Aftercharacterization of the legal relationship, customers, banks, trust companies the legalrelationship between the three main rights and obligations, and analysis were carriedout.The second part, through the Bank of China Trust wealth management businesscombing the legal regulation of status, focuses on bank trust financial business in thelegislative system, access system, accountability mechanisms, information disclosureand risk warning system and the regulatory aspects of legal problems, for thefollowing a complete set of recommendations pave the way for legal regulation.In the third part, Part II of the problems, and learn from America, Japan, part of the system design, and idea on the improvement of China’s Bank Trust wealthmanagement business. At the present stage, the banks need to improve the existinglegal norms, to strengthen coordination with other departments of law, sound financialof the legislative system, trust banks; by qualified commercial banks to engage in trustfinancial business, the main qualification, and improve the bank trust financialbusiness professionals qualification management system, to establish the bank trustfinancial services market access rules; establishment of a bank accountabilitymechanism to standardize the information disclosure and risk warning, to achieveprotection of the interests of investors; update the regulatory philosophy, reform of thebanking business of the Trust financial regulatory mechanism to strengthen the bank’sinternal control mechanisms.
Keywords/Search Tags:Commercial Banks, Trust Finance, Supervision
PDF Full Text Request
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