| The bank take-over regulation, which plays an important role in the finance environment stability, crisis bank regeneration and the benefits protection to all the related parts, is a significant part in the whole crisis bank SOS system. What is the core, and what decides the success to the whole system process implementation is the receiver, who is in charge of the take-over.Nowadays ill management, payment challenges occur in some banks in China, especially in some city business banks. Except for a few ones, the serious issue on the assets quality happens in the majority city business banks, which cause them on the edge of the bankruptcy. In the view of the city business banks' feature and the difficulties they face, how to solve the crisis and prevent the finance risk becomes the current key case for the banks, in this way, the value of the crisis bank SOS system shows more important. The bank SOS system mainly includes three regulations, say, the deposit insurance rule; the final loaner rule, and the rule for the take-over and co-sale for the bank in trouble. Since there is no deposit insurance rule set up in China yet and the last loaner regulation only can help the bank on the cash flowing issue, but can't improve the ill bank's running system, the takeover regulation is right designed for the bank managing system, which helps the bank get out of the crisis to get the regeneration through taking over the bank managing authorization and reorganizing the bank assets and business, while take-over is a previous way to the co-sale for a bank in crisis.The bank take-over regulation, which has been law made abroad, is new to China. On the experience on the Hai Nan development city bank, there is still some cons, especially for the lack of the formal arrangement by the law to define the relationships, the rights and obligations between the receiver, the bank and the government banking monitor committee.The bank take-over regulation is a special SOS way for the crisis bank, whose feature can be defined as: When a bank satisfies some constituted conditions, the government bank monitor unit can take it over or point another organization to take over the bank management and meanwhile take some extra power for the overall control for the bank's operation to help it back to normal running status and ensure the safe and stability for the all bank environment. By this feature, it can clearly set the legal position for the receiver, who in charge of the take-over, which is the administrative counterpart, and also according to this legal status, the rights, obligations, and the liabilities for the receiver, the government, the banks, and the person interested will be more clearly explained. There are two ways in the take-over process: 1) Taken over directly by the banking monitor committee, which generally works for the super bank. 2) Taken over by a pointed unit, which is the mostly ways now in the city business banks. This thesis will mainly focus on the second way.In the pointed take-over process, the receiver will face four kinds social relationships: government bank monitor committee and the stakeholders and the employees for the bank needed taken over; the depositor of the taken-over bank and other creditors; the financing target person of the bank and the loaners. Judged from the receiver's position in the law and the position of the city business bank in the whole economy and the analysis for the structure of the stakeholders, the employees, the depositors, the creditors, the loaners, it can be defined for the receiver to take different liability due to the different role he plays, meanwhile, because of the huge risk the receiver takes, the rights should be protected by the law in some cases.The problems in the bank take-over regulation in China can be solved only when the law on bank is improved more. For the take-over regulation, the receiver should be set as the core and using the judicial practice and explanation to do the further clarification. |
