Research On Enhanced Obligation Of Private Banks

With the establishment of private banks in 2015,the private banks have entered a new era of development.They have achieved rapid development in just a few years,which has injected fresh vitality into the financial industry of our country and promoted the development of our country's economy.But at the same time,there are high risks behind the prosperity and development of private banks,there are the general risks of private banks as a commercial bank,but also have the risks caused by the particularity of private banks,in which the moral hazard of shareholders is especially inflated.The enhanced obligation system of financial holdings company,which originated in the United States,provides us with a good institutional reference.The enhanced obligation system refers to when problems arise in the course of banking operations in accordance with the provisions of laws and regulations.Shareholders who meet a certain sha re-holding requirement assume more responsibility than ordinary shareholders,such as injecting money into banks,providing guarantees,limiting dividends,and so on,to help banks return to normal.The shareholders' enhanced obligation of private banks breaks through the traditional rules of limited liability,and makes the shareholders assume extra obligation.The enhanced obligation comes from the need of practice,and gradually establishes a deep theoretical foundation in the continuous development process.The Enhanced Obligation system gradually established in the world,It has become an important system to prevent financial risks and ensure financial security and stability in many countries.Private banks in China have a short time to develop,Various systems are not perfect enough and risk prevention is not sound enough.The enhanced obligation system of the shareholders to private banks can effectively prevent the moral hazard of the shareholders of private banks,so as to maintain the safety and stability of the financial industry in China.Therefore,it is necessary for our country to establish the system of the enhanced obligation system of private banks.There are various dilemmas in the establishment of the shareholders' enhanced obligation system in private banks in our country.The enhanced obligation has broken through the provisions of the traditional company law limited liability,and the rationality of its existence is full of doubts.At the same time,the shareholders' enhanced obligation system of private banks is also faced with the dilemma of unclear nature and different treatment of shareholders,which will be analyzed and expounded in detail by the author.On this basis,the author further analyzes the specific situation of the establishment of bank shareholders' enhanced obligation system in other countries in the world.As the birthplace of the enhanced obligation system,the United States has profound theoretical and practical research on enhanced obligation system.There is a good enlightenment for responding to the questioning of the shareholders' enhanced obligation system of private banks.The Japanese bank shareholders' enhanced obligation have the same basic banking model as that of the United States,and stipulates the enhanced obligation of the bank shareholders in the Banking Law.Compared with the United States,Taiwan's bank shareholders have adopted a financial holding company law model to increase their liability,and have made systematic and detailed provisions on the enhanced obligation system.Russia prescribes the contents of enhanced obligation system from the angle of credit institution bankruptcy,which provides a good reference for the establishment of shareholders' enhanced obligation system of private banks in our country.On the basis of drawing lessons from the mature experience of foreign countries and based on the national conditions of our country,the shareholders of enhanced obligation should be set up to increase the liability of private banks.The principle of certainty,flexibility,minimum cost and fairness should be followed in the construction of the shareholders' enhanced obligation system of private banks in our country.When the private banks face the capital adequacy ratio,they can't meet the minimum requirement of the statutory capital,if the shareholders of the private banks with the controlling status are identified as the subject of the heavier responsibility,and when the private banks are faced with the capital adequacy ratio,When the business or financial situation worsens significantly and endangers the interests of depositors and creditors,the bankruptcy liquidation or merger should bear the responsibility of injecting funds,providing guarantees and limiting dividends in order to increase the shareholders of private banks to maintain the safety and stability of China's financial industry and promote the healthu and steady development of China's economy.