The Legal Regulation On Foreign Investors Merging Our Country's Financial Institutions

Foreign merger and acquisition means a legal act that foreign financial institutions buy assets or shares of native financial institutions. It has the dual attributes of civil law and public law. It will help native financial institutions to introduce advanced management experience and scientific management structure, and enhance the competitive ability, but even the equity holding of foreign investor will bring about financial security and trigger monopoly risk, and hence it is necessary to have relevant laws and regulations to regulate this system.At present, our legislative system is not yet complete. There are many shortcomings in the laws and regulations that adjust merger and acquisition by foreign financial institutions, and there have no anti-monopoly system of financial. There is an urgent need to improve the law of foreign mergers and acquisitions and make up the deficiencies of existing laws and regulations. The author propose absorbing a mature legislative experience and lessons on foreign financial market and constructing the legal regulation system of foreign merger and acquisition on our financial market .It's mainly made up by the three levels of laws and regulations: Firstly, the core layer is The Law Of Foreign Investors Merging Our Country's Financial Institutions , based on the existing The Law Of Offshore Financial Institutions Invest To Our Financial Institutions , it is suggested introducing a unified The Law Of Foreign Investors Merging Our Country's Financial Institutions , but before the special legislation being introduced ,it is needed to change and improve the The Law Of Offshore Financial Institutions Invest To Our Financial Institutions ; secondly, the middle layer is Anti-Monopoly Law and Regulations. For foreign merger and acquisition may trigger the financial risk and monopoly,it should create Anti-Monopoly Regulations as soon as possible that based on Anti-Monopoly Law, and make clear the division of functions between financial anti-monopoly agencies and financial regulatory departments; thirdly, the external layer is the supported system on foreign merger and acquisition, such as the financial monitoring system, financial assets assessment and pricing system, foreign investment withdrawal mechanism.