Chinese Banking Law And Foreign Financial Institutions

If China is to develop a modern and viable banking sector, it needs to put in place a suitable legal infrastructure which is consistent with emerging international supervisory standards, WTO requirements and aspirations for financial sector liberalisation. The author argues that current foreign banking laws are fundamentally out of line with international standards and practices and that legislators and supervisors do not appreciate or cultivate commonly accepted supervisory values. This book proposes a set of reforms that would at the same time create a legal environment for competitive equality between foreign banks and protect the Chinese banking system. The issues considered include the licensing process for the entry of foreign banks into the Chinese market, the ongoing regulation of foreign banks and foreign bank crisis management or bank failure resolution. The author offers a proposed framework of Chinese foreign banking law which should be of great benefit to existing and prospective foreign banks in China.

In this authoritative book, a leading Chinese expert on financial and economic law thoroughly explains the functions, activities and procedures that characterize the behaviour of financial institutions under current Chinese law. The book features: control of monetary policy formulation and implementation by the People's Bank of China (PBOC) modern central banking functions of the PBOC independence and accountability of the PBOC requirements and procedures for banking entry specific risk-based regulatory and supervisory requirements of the China Banking Regulatory Commission (CBRC) problem bank resolutions of the CBRC foreign banking law developments before and post WTO transitional period impact of new foreign banking regulations and rules on foreign bank activities in China

This book assesses new developments in and reform of China's banking law system following its accession of the WTO. It focuses on the relationship between GATS/WTO national treatment obligations and China's banking law. Tracing the history of national treatment in China, the book compares the treatment of foreign-funded banks with the treatment of Chinese-funded banks and examines the structure and shortcomings of the existing banking law framework in China. Offering suggestions as to how the framework could be restructured and analysing the economic and political bases of an integrated banking law framework, the book argues that reorganization would bring about greater consistency with GATS/WTO national treatment requirements. The book also explores the ambiguous definition of prudential carve-out, the subtle relationship between GATS national treatment and market access based on WTO cases, national treatment clauses in China’s bilateral investment treaties, and special treatment on banking in China’s free trade agreements. This volume is a valuable resource for academics and students as well as professionals and policy-makers working in the field of banking, WTO, Chinese law and foreign trade.

The way in which foreign bankers and Chinese institutions do business in China was reshaped in 1995. Legislation was enacted which transformed the People's Bank of China into a genuine central bank; the Commercial Banking Law brought in many reforms; and the Security Law was passed. This work reviews the current banking law in China, assesses the recent changes and guides the reader through the sometimes confusing path that Chinese banking has taken.

With the growth in financial activity in and between the People's Republic of China, the Republic of China or Taiwan and the Hong Kong Special Administrative Region, an understanding of the development and status of financial law and regulation in the Chinese Economic Circle is increasingly important. This book provides an overview of the most significant areas of financial regulation in the Greater China Area, bringing together expert essays on banking, insurance, securities and general financial law in the PRC, banking and insurance in Taiwan, and financial law in Hong Kong. This work collects for the first time in a single volume the significant history and development of financial law within the Greater China Area, providing a valuable insight into the development and relationship of these three diverse but interrelated financial systems.

New for 2012 and set to be published annually, this detailed report outlines the regulatory framework across China's financial sectors. Offering clear historical perspective, a comprehensive breakdown of the current regulations, plus future policy recommendations, this new book will enable the reader to successfully navigate China's complex regulatory framework.China's Financial Supervision and Regulation: A Report (Volume 1) features authoritative and far-reaching reports from two of China's leading finance and regulatory experts, Hu Bin and Yin Zhentao, followed by a series of detailed sub-reports which examine industry-specific regulations in great detail:General Reports- Evolution of China's Financial Supervision and Regulations: 1949-2011- China's Financial Supervision and Regulations: Developments in 2011 Sub-reports- Annual Developments in Banking Regulation- Annual Developments in Securities Regulation- Annual Developments in Insurance Regulation- Annual Developments in Foreign Exchange ManagementThe authors outline China's financial supervision and regulations in a systematic, comprehensive and authoritative manner to ensure financial institutions and regulatory authorities can now access the key reference material and guidance they require when interacting with China's financial regulations and laws. This book is published by China specialists Paths International in association with Social Sciences Academic Press (China) and China's prestigious Research Centre for Financial Laws and Regulations (RCFLR).

This volume covers the development of bank supervisory standards for an emerging Chinese Economic Circle (CEC) in which the People's Republic of China (PRC), Taiwan, and Hong Kong form an informal, interdependent relationship through their significant, increasing, inter-investment and inter-trade activities. The PRC, Taiwan, and Hong Kong are liberalising the regulation of their respective banking industries and are developing Shanghai, Taipei, and Hong Kong into major financial centres. To do this successfully requires the integration of prudential supervision (based on banking standards from the UK, United States, EU, and Basle Committee) into Chinese Banking Law and Practice. Bankers, banking lawyers, investors, and compliance officials will appreciate the way Development of Banking Law in the People's Republic of China and the Republic of China on Taiwan expertly brings together, in a single volume, the supervisory standards of PRC, Taiwan, and Hong Kong and offers unique, thoughtful solutions.

Banking Regulation in China provides an in-depth analysis of the country's contemporary banking regulatory system, focusing on regulation in practice. By drawing on public and private interest theories relating to bank regulation, He argues that controlled development of the banking sector transformed China's banks into more market-oriented institutions and increased public sector growth. This work proves that bank regulation is the primary means through which the Chinese government achieves its political and economic objectives rather than using it as a vehicle for maintaining efficient financial markets.