Study On Legal Regulation Of Affiliate Transaction Of Private Bank In China

Recently,as of the guidance of the public policy,private capitals are flocking to set up private bank.Owning to the difference in resources,property right structure,governance mode as well as the explicit legal regulation,it's necessary to improve the legal supervision of affiliate transaction among private banks.The first chapter defines the conception of affiliate transaction among private banks,including the developing history and the concept of private bank,the concept of affiliate transaction among private banks and the characteristics of it.Private bank is controlled by private capital and its independence management mode is the essential difference between private bank and commercial bank.The dissertation also dissects the quiddity of affiliate transaction which is the control and great influence on private bank.The second chapter describes the regulations of foreign countries.The dissertation investigates the regulations of affiliate transaction in the United States and Taiwan and it has been proved that they have already formed a relatively perfect legal system of regulating the affiliate transaction of bank,including the principle of piercing the corporate veil,the deep rock doctrine,the fiduciary duty of controlling shareholders and the independent director system,etc.The law and precedent of foreign countries have some reference for governing it that we should reinforce the internal control and external supervision of affiliate transaction of bank and entitle the regulators with discretion,to some degree.The third chapter dissects the present regulations and the problems of supervise affiliate transaction of private bank.We has not established the special regulation of affiliate transaction of private bank up to now,mainly rely on the relevant provisions of the commercial bank law,however,there still exist some deficiencies,including the loopholes in the definition of affiliate transaction,the difficult application of the corporation personality denying system,the irrational internal control system,the chaos of the information disclosure institution and the slight legal liability.The fourth chapter offers proposals of improving the regulation of affiliate transaction of private bank in our country.The dissertation puts for ward the proposals based on the current situation and the experience of foreign countries.We need to improve the legislation of affiliate transaction,the corporation personality denying system and the fiduciary duty of controlling shareholders,reinforce the independent director system,and implement the information disclosure institution and the system of board of supervisors at the same.Moreover,strengthen the legal liability of affiliate transaction of private bank.