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Study On The Legal System Of Capital Adequacy Ratio Supervision Of Bank Under The Basel Ⅲ

Posted on:2014-11-04Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhouFull Text:PDF
GTID:2296330425479200Subject:International Law
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The Ratio Capital Adequacy (CAR) is a legal requirement for banks to maintain theirminimum capital level related to risk, and a comprehensive index of risk ability of bank.During the financial crisis, the lack of CAR supervision revealed, Basel III was issued by theBasel Committee on Banking Supervision for am important adjustment of bank capitalsupervision framework, and put forward the strict standards of bank CAR supervision.Increasingly strict trend of international standards of bank supervision, Bank SupervisionCommittee of China also issued a Chinese version of Basel III to strengthen CARsupervision.In thesis, it further analysis the supervision rules and influence of Basel CAR on thebasic theory of bank CAR supervision legal frame, and in view of the current situation ofCAR supervision of China’s bank. According to international rules, then it proposes regulationmeasures which can be used to consummate CAR in our country.This thesis is about30000words. There are four parts except the introduction andconclusion.The first part: the general overview of CAR and its legal supervision. This part firstlydefines the concept of bank capital, the CAR and legal supervision, and demonstrates thecomposition of bank capital and the measurement methods of CAR; then, analysis ofnecessity of CAR supervision from the theory and its role. This paper argues that bank havethe characteristics of vulnerability and negative externalities, the Regulatory Committee mustImplement CAR supervision measures of banks for which the CAR regulatory can maintainthe stability of banks, and protect the interests of depositors.The second part: the legal system of CAR supervision in Basel. This part begins with anoverview of CAR in Basel Ⅰ, Followed by analysis of the Basel II regulatory rules, the threepillars are CAR, external supervision and market constraints; Then, summing up the lack ofthe CAR in financial crisis which include the partial standards of the minimum capital,thepoor quality of capital, and the systemic risk of ignoring macroprudential supervision of bank;finally, it improves the standard of capital adequacy ratio supervision by analyzing the BaselIII, and introduces the philosophy of macroprudential supervision. The new standard ofcapital regulatory becomes a new benchmark of capital supervision of the international banks. The third part:the impact of legal system of the capital adequacy supervision in Basel III.Firstly, it analyzes the effects of the Basel III on the global banking capital supervision from tmacro perspective. The new capital standards have more stringent requirements on the qualityof bank capital, and have important effect on the bank supervision and bank business; then itanalyses of bank supervision standard of the United States and the implementation of BaselIII. The America Bank Supervision absorbs the philosophy of macrprudence regulatory, andestablishes the Financial Services Regulatory Council which is responsible for thecoordination and supervision of the systemic risk.The fourth part: the status quo of CAR supervision legal system of our country and theimprovements. Firstly, it analyzes the current situation of bank legislation of our country. Thebank supervision laws of our country have some commons with the Basel protocol. and evenmore stringent than the Basel III in the capital requirements; And then, it points out manydefects existing in our country’s banking supervision from four aspects, the theory ofsupervision and regulations are not complete, the related facilities are imperfect and the lacksof international banking supervision. Finally, it shows effective measures of capital adequacyregulation according to the four aspects.
Keywords/Search Tags:Basel Ⅲ, Capital Adequacy Ratio (CAR), macroprudential supervision
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