Study On The Takeover Of Chinese Commercial Bank

Commercial banks take an important part in social development ,economic development and the financial system .They not only bear the heavy responsibility of social financing and investment settlement, but also infiltrate into each link of social production, circulation, distribution, and consumption, acting as the curators of public deposit, creator of credit and operators of liquidation system, and connect all aspects of the social economy. However, commercial banks are highly indebted enterprise, having high management risk. A bank's history is a bank crisis history. If the bank falls into crisis , the financial system will be subjected to tremendous negative effects and even endanger the development of national economy and social stability. Therefore, perfecting the bank crisis management mechanism becomes the primary task of the world financial supervision.Takeover is one of methods that financial regulators dispose of commercial banks which have problems and it is a kind of method between relief and restructuring. Commercial banks'takeover refers to the banking supervision institution which according to legal authorization intervenes forcibly the commercial banks that satisfy the conditions according to legal procedure ,and accepts the commercial bank's original management power and enjoys the additional power that law gives , and is fully responsible for the operation and management of the commercial bank, in order to help restore normal operation ability and protect the interest of creditor. The taking over of commercial bank's management right is its core, aiming at restoring the normal operational ability of commercial banks and protecting the interests of depositors by taking some relief measures to questionable commercial banks.Throughout the legislation and practice of all countries, there are specific provisions of taking over of commercial banks. It mainly includes the takeover standard, takeover institutions, takeover measures, takeover procedure, etc. The takeover standard basically has summarized doctrine mode and lists doctrine mode. Takeover measures mainly include special financial aid, merger and purchase disposal trading, etc. The takeover procedures and time limit also have relevant regulation. Our commercial banks'takeover regulations are mainly in the commercial bank law article 64-68. There are many problems in the regulations. On the one hand, administrative power acts as the leading role in actual operation process of takeover of commercial banks, things are disposed at will, transparency is not high. On the other hand, the commercial bank law about the takeover regulations design in our country is too brief, legal blank are too many, and banking regulators have difficulties in operation. The specific performances of the latter question: firstly, the takeover standard of commercial banks is too general, secondly, it is the absence of the law about commercial bank liquidator and our country's legislation has no liquidator system in real meaning at present, thirdly, there are not relevant regulations of relief measures about commercial banks' takeover, fourthly, commercial banks over the applicant and take over procedures have no regulations yet.In view of this, the author puts forward ideas and suggestions from making clear of takeover standard about commercial banks in China , perfecting our country's commercial bank liquidator system, establishing and perfecting the relief measures during the commercial banks'takeover period ,perfecting our country's commercial banks takeover procedures and the establishment of the applicant system about commercial banks'takeover ,etc. The author expects that the ideas and suggestions can promote our country's commercial bank takeover system's development.