Research On The Legal System Of Agent Operation Of Bankingin Business In Rural Areas

In remote rural areas in China, low coverage, insufficient financial supply, the financial bank branch hollowing out problem is very outstanding, farmers nearby channels for financial services limited,"withdrawal difficult" and "loan" become a common phenomenon in the rural area. Now many countries around the world, especially in some developing countries, more and more Banks and other commercial organizations are trying to use the agent to provide financial services to the customer, in order to enlarge financial coverage in remote areas. For many poor people, this agency bank business is convenient and effective than to travel long distances to bank branches. In our country, rural agency business began to sprout, in April2012, postal savings Banks and rural credit cooperatives pilot in lishui, zhejiang province, to implement the "a POS machine, a currency detector and a safe, a few books" of "bank CARDS to help farmers withdrawals service" is the beneficial exploration of rural agency business.Agent bank business is a relatively new field, rural agent bank business development have just started in our country, a lot of problems is still in exploration. And around the world, because national political system, economy, geography, population, development present situation, the nature of the financial system, as well as traditional legal and regulatory differences, has not been summarized to uniformly apply to the universality of agency business principles.I imagine, the agent banking in rural areas operations into banks and non-bank-led mode. Bank-led model, there is a qualified sound prudential supervision of financial institutions to accept (usually a bank) as the leading, responsible for the development of financial products and services, followed by retail agents point of these financial services to clients. Non-bank-led model, the banks are not directly involved in the body, in contact with the customer is a non-bank commercial organizations (currently the main telecom operators), mobile phone network operators and retail agents as a customer service point of contact points, by operation and phone cards bundled with e-money account to complete basic financial services. Type of agent is set to two categories:one is natural agents act by a natural person; One is the unit agent, acting as a non-natural entity. Business of the unit agent business is wider than natural agents and different due to the business model. Apply to be a agent of natural person and the natural person entity must have certain qualifications. Agent within the scope of business and agency authority in determining customers with financial services.Liability of agents to provide financial services to clients in the process incurred by the banks and non-bank institutions, except for the following cases: agent exceeds losses to the customer, the agent’s conduct unlawful, customers beyond knowing agents authority remains with the transaction.In the process of agency business operations especially to pay attention to the problem of risk monitoring. Including the operating risk, liquidity risk, legal risk, credit risk, electronic currency risk and money laundering risk. The operational risk, liquidity risk and money laundering risk should be the core of the agent bank business risk monitoring to guarantee the customer can withdraw at any time, and protect the safety of client funds, safeguard consumer interest, and win the trust of agency business clients.