Research On The Legal Problem Of Bank Asset Management Business

Era of asset management in cross-industry has arrived, Banking Regulatory Commission in China recently approved a pilot program about asset management business of bank. Bank has its natural advantages in carrying out asset management business. Bank’s existing financial products has rigid payment and implicit guarantee problems. Asset management plan may be relatively connected the project with funds to ensure controllable risks of project, returning back to the nature of wealth management business. But at this stage, regarding to laws, there are many puzzles and obstacles about bank’s asset management plan,such as the unclear concept, unknown qualitative, lack of legal norms and other specific operating procedures issues.It would be urgent need to do relevant theoretical research and follow up laws and regulations,to provide theoretical support for business development, in order to promote better development in bank asset management plan.This article holds that legal means to regulate the operation of the bank asset management plan should be mainly from three aspects, including the basic concept of bank asset management plan, the legal nature and specific legal issues in the business development process,in reference to other financial sectors and foreign practice related to asset management.This paper is divided into four parts. The first part introduces the generation process of bank asset management business plan and the development trend of financial mixed mode,indicating the innovation advantages by comparing with the existing financial products. In order to lay the foundation for future study, it will make a definition for the bank asset management business, after referring to many definitions of views. The second part abstract general mode of operation of banks Asset Management Plan.It is the legal relationship of trust between investors and banks, and give in-depth study of the rights of investors, banks and Depositories obligations.The first two parts tend to explore legal theory, the latter two parts focus on the legal barriers existing in the practical operation process and how to resolve these problems to get improved.The third part analyzes the legal problems in the bank asset management plans, such as there are no clear eligibility criteria about the main parties, financial independence issue, the scope and standards of information disclosure system, due diligence standard of manager. The fourth part focus on the problem raised by the third part, illustrating the author’s point of view, in order to put forward a sound proposal.