Research On The Expanding Obligations Of Financial Holding Company

As a new type of economic organizations in the financial mixed and financial contextof globalization body，Financial holding company has been Increasingly become the hottopic， With Its complex internal forms of organization and Special risk mechanism，Thatboth the dual attributes of a "holding company" and "mixed operation"，makes supervisionof financial holding companies face many challenges. So far, Although there is no clearlegal provisions on the financial holding company, companies like BOCI, Ping AnInsurance has been rapid development. In the case of such laws and regulations regulatoryvacuum, Special risk prevention of the financial holding company has become moreimportant, Because of the risk of such a financial holding company in the event of, It islikely to cause turmoil in financial markets so as to reduce investor confidence. Therefore,this paper suggested increasing responsibility system of financial holding company in theUS, Combined with the reality of our situation, explore this special obligation mechanism,Finally, the proposal to build a financial holding company in our to increase the liabilityregime, In order to fill and improve the legal and regulatory of financial holding company,there are four parts in this article.Chapter one "Financial holding company and its increased responsibility overview”,In order to have some knowledge of this form of financial organizations, The chaptermainly Introduces the concept, characteristics and type of financial holding companies,,.Next, Talking something like the concept of aggravating the liability regime, Financialholding company given its lack of solvency of the financial capital of the subsidiaryobligation of assistance or special institutions for the implementation of measures such asdeposit insurance and financial subsidiaries of its bankruptcy caused by the appropriateresponsibility for payment. Then discusses the United States to increase the liabilityregime, including the relevant regulatory policies and legal provisions. The former mainlyincludes capital maintenance commitment to the principle of the source of strength andnew bank closure policy. The latter includes adopted in1989, the Financial InstitutionsReform, Recovery and Enforcement Act provides that the terms of the cross-guarantee. The Federal Deposit Insurance Corporation Improvement Act provides that timelycorrective measures through1991. Each with advantages and disadvantages of thesesystems, complement each other, a rational point is being constantly learn from othercountries using. Then, mainly from the special attributes of a financial holding companywith and increase the liability of limited liability and corporate personality in the existingLaw denied supplement and perfect angle illustrates a heavier responsibility is a financialholding company unique system of choice.Chapter Two,"Construction of the necessity and feasibility of the financial holdingcompany in China increased responsibility system", in the analysis of the developmentstatus and legislative situation of the financial holding company in China on the basis ofincomplete, that a number of financial holding companies in the absence of clear underthe supervision of the laws and regulations to develop. In regard to the need to overcomethe moral hazard of the financial holding company, to protect the interests of depositorsand other creditors, to make up for the deficiencies in the system of government aid, topromote the prudential supervision of the financial holding company’s own, and activelyguide the establishment and development of the financial holding company. In terms offeasibility, including the attention of regulators and financial scholars, the financialholding company’s financial capacity and legislative technological breakthroughs.Chapter Three" financial holding companies of foreign countries (regions) increasethe liability regime learn mainly through the United States”, the increased responsibilitysystem of USA has been accepted and improved in the twists and turns, other countries(regions) and continue to learn from. Following the USA Taiwan also put the increasedresponsibility system into the Financial Holding Company Act, will increase the liabilityregime included. South Korean financial holding company implemented a specialmonitoring mechanism. Finally, pointed out the significance in China.Chapter Four "financial holding company increased responsibility system design”,this chapter gives the details of how to design the increased responsibility system First ofall, the legislative model compare the dispersion of the United States and the pros andcons of centralized legislative model based on obtained centralized model can be excludeddispersed the legislative model brought controversy and doubts on the effectiveness of the system should be applied to this conclusion of the centralized model. Second, thedevelopment of the financial holding company of a single law, in order to strengthen thesupervision of financial holding companies. Again, the financial holding company inChina to increase the liability regime from the scope of application of the regulatory body,the applicable mechanisms, enforcement measures and remedies specific deconstruction.Finally, on the coordination of aggravating the liability regime discussed with the relevantlaws and regulations and the complete set of financial supervision mechanism.