| [Abstract] Recently more and more industrial and commercial enterprises in China have pushed aggressively into financial industry, especially bank, using the caused scale economies effect to strengthen their market position. From earlier Delong system to later CNPC, Haier, Bao Steel, State Grid Corporation of China and etc., all rush to the bank market, in order to occupy their own "financial territory".However, in the present financial legislation environment, not to mention the special type of holding company such as bank holding company with combination of industry and finance, even the usual bank holding company has no relevant laws to regulate. The development of Bank holding company with combination of industry and finance in different places of different nations is varied a lot, some strongly support, some prudently progress, more developed areas mainly take the attitude of prudence or restriction. In developed countries, such as Great Britain, France, Germany and Japan, take a prudent or restricted attitude towards the operation mode of industry and commercial enterprise holding bank institution, even if these countries allow the existence of industry and commercial enterprise holding bank institution, there is no strict restrictions about this institution. And the abusing of control right makes related lending and rejected for a loan is the main reason of implementing industry and finance separation or restriction.In China, bank holding company with combination of industry and finance is still in the trial stage, this kind of industrial and financial combination joint economies, only can be seen in domestic leading enterprises such as CNPC, Bao Steel and State Grid Corporation of China, these enterprises mostly belong to central enterprises with strong economical power, most enterprises have already stepped into various financial areas before they take bank holding, for instance, before taking holdings of Karamay Commercial bank(in2010its name changed into Kunlun Bank), CNPC has already rushed into financial area, its relevant financial institutions such as financial lease, insurance and trust, making it become the real financial holding company of industrial and financial combination. So domestic relevant research basically concentrated on the relevant issues of financial holding company. But based upon the sorting out of relevant theories of domestic and overseas financial holding company, we found that financial holding company can be divided into financial holding company with combination of industry and finance and pure financial holding company, the former is the combined economy of industrial capital and financial capital, the latter is integrated economies of various financial capitals. So the study of financial holding company with combination of industry and finance may relate to industrial and financial combination issues and relevant issues on mixed operation. Due to the limited ability of writer, the scarcity of relevant theories on financial holding company with combination of industry and finance, writer just want to have a deeper research into the bank holding company with combination of industry and finance from the certain angle of industrial and commercial enterprises holding bank institutions. In the headstream of financial holding company-USA, the prototype of financial holding company is industrial and commercial enterprises holding bank institutions such as bank holding company with combination of industry and finance. America’s "Bank Holding Company Act ", which was issued in1956, was the legislative confirmation of this certain organization form of industrial and commercial enterprises holding bank institution, and at the same time endowed this combined economy of industrial and financial combination with the title of" bank holding company ", this act also has regulations as follows:bank holding company means company who has the holding rights over any bank or bank established according to this act. In America’s "financial service act of1989" officially used the term financial holding company replacing bank holding company, so its range of application became more broad. In1999’s "financial modernization service act" only stipulated the operation scope of financial holding company, and confirmed it through some prohibited provisions. According to the above-mentioned relevant American legislation, we can easily see that "bank holding company" is actually the prototype of "financial holding company", compared to the latter, it is more simple in organization, structure and business type, but bank as the representative as the financial institution, also as the priority among priorities, even as the lifeline of the whole national economy, is gradually used by market-oriented economy, used in capital surplus. For instance,"Delong event" taught us a hurt lesson, now CNPC is confronted with Kunlun Bank’s several billions low-interest loans issues. After General Office of the State Council officially issuing "guidance on the finance supporting economic restructuring and transformation and upgrading" on July5th,2013, now various social industrial capitals rush into bank industry, it is very desperate to complete the laws and regulations of bank holding company with combination of industry and finance.Although the development of bank holding company with combination of industry and finance exists many risks and difficulties, we cannot abandon it entirely, bank holding company with combination of industry and finance has its unique advantage, we just need to control risks and efficiently restrain the dangerous acts which are harmful to market and society. Therefore, writer will discuss bank holding company with industrial and financial combination’s harmful acts and reasons in areas of abusing of control right, reflect upon the loopholes and deficiencies of our country’s financial legislation, and deeply analyzes the hidden reasons, thus giving some advices on the laws and regulations of bank holding company with combination of industry and finance. |
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