Study On The Legal System Of Receivership Of Commercial Bank

Receivership(or the take-over system)is one of the main means for financial regulators to deal with the risks of financial institutions,and it is an important part of the crisis resolution of the weak bank.Legal situation occurs when the commercial Banks,the banking supervision and administration department may,according to the authorization of law,forming a take-over organization,to take over the problem of bank assets,liabilities,business management and take some necessary measures to management and disposal,and to restore vitality of bank management,still unable to recover after taking measures to save the bank vitality is to close the revocation or bankruptcy.The current legal provisions on receivership in China are mainly Article64-68 of the Commercial Bank Law,which has many deficiencies,such as the comparison principle is stated,and no clear arrangements have been made for the initiation,organization,measures and application of the deposit insurance fund of the take-over.First of all,in the aspect of take-over initiation,the current stipulated conditions are too general,the setting is too simple,and the subject,procedure and relief of the take-over initiation are not perfect.The third chapter discusses the specific commercial Banks to take over the launch conditions,procedure and relief,summarize and put forward the following opinions: one is use for reference the experience of outside,through the way of enumeration and generalization and addressed,appropriate to add at the same time the corresponding elements,such as illegal main content of the "people","wealth" of capital adequacy standards,enhance the objectivity and controllability of takeover conditions;Second,make clear the decision subject of the take-over,consider the role of deposit insurance institutions,and increase the provisions that can be suggested and applied for;The third is to standardize the announcement procedure of the take-over and improve the relief approach to the take-over decision.Secondly,in terms of take-over organization,the scope,relationship orientation,rights and responsibilities of the take-over organization of commercial banks in the current regulations are still to be clarified.Chapter Four discusses in detail and puts forward views: First,to clarify the subject of the take-over of commercial banks;Secondly,the relationship between the regulator and the takeover organization and between the takeover organization and the bank to be taken over is clearly defined.Third,the rights and responsibilities of the take-over organization are clearly defined.The rights include but are not limited to operation and management,personnel appointment and removal,financing,facilitating mergers and acquisitions,transferring business assets,participating in litigation,etc.The obligations include prudent operation,faithful diligence,publication of reports,etc.,and the responsibilities include correction,replacement,fine and compensation,etc.Finally,in the aspect of take-over measures,the current regulations are absent.The fifth chapter discusses the proposed bridge bank,acquisitions and undertake,facilitate mergers and acquisitions and restructuring means and measures,such as analysis of the legal implications of these means and measures,and deposit insurance fund deposit insurance institutions in the role of takeover system,this paper discusses the as to take over the group and the rationality of the liquidation organization and related financing way of use.In short,given that the current legal system of commercial bank takeover in China is not complete,this paper integrates relevant arguments and arguments through research,and tracks and analyzes Baoshang Bank takeover cases,so as to enrich relevant views and conclusions and provide theoretical support for the improvement of the legal system of commercial bank receivership in China.