On Legal Supervision Of Financial Holding Company

The financial industry has a trend that the financial institutions access to the form of financial holding company(FHC) to achieve a cross-industry goal whether facing the developing trends of the financial industry in the world or facing the competitive pressures of the international financial after China joined the WTO. However, in this model of the financial separation, how to accurately define FHC legally? What is the theoretical basis of supervision?How to distribute the power of supervision? What methods we should take?How to supervise FHC in such respects as market access, capital adequacy requirement, interaction transaction, monopoly of FHC?Hhow to urge FHC to improve their corporate governance structures?And how to strengthen international cooperation on supervision? These have not yet formed a complete and systematic theory in China.The passage will response to and resolve the above problems by understanding and analysising the legal system of supervision of FHC at abroad,and put forward a legal framework of supervision of FHC which suits China's conditions.There are four chapters: the first chapter is an overview of FHC.it defines FHC from legal perspective,and analyses its advantage and possible risks. The second chapter interprets the theoretical basis of Supervision, introduces the legal system of supervision of FHC in the the major countries and regions(The United States, Britain, Germany, Japan and Taiwan), analyzes its characteristics,and reveals its universal significance with great inspirations.The third chapter describes the FHC's status of development, discloses the shortcomings of the relevant legal system, and raises the basic and highly targeted thinking of legislation on supervision. The fourth chapter is a key chapter.It puts forward some legal designs on supervision of FHC which suits our country's conditions,including establishing of the main supervising bodies and regulatory approaches;supervision on market access, capital adequacy requirement, interaction transaction and monopoly;improving the corporate governance structures of FHC and strengthening international cooperation on supervision.