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Research on the Legal Issues of the Parent Authority Supervision of the Commercial Bank’s Foreign Embranchment

Author: YangZuo
Tutor: LiSiQi
School: Hunan University
Course: International law
Keywords: the parent authority supervision the host authority supervision Basel agreement
CLC: D922.295
Type: Master's thesis
Year: 2009
Downloads: 108
Quote: 4
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Abstract

With the development of the globalization of the financial services and the improvement of the competitiveness of banking industry in our country, a lot of commercial banks go abroad to set up embranchments. The development of these embranchments is closely related to the economy of parental country, which affects the normal order of bank industry and even the national economic security. The Supervision of the home country to the foreign establishment of commercial banks can offer security, efficiency and fair management environment for its development. So many countries make laws to encourage the domestic banks to set up foreign establishment and protect the establishments’development. The Basel committee also have tried hard in this respect and issued a series of documents, offered very good law for supervising the banks of various countries. As a developed country in the world’s banking industry, American supervision of the foreign establishments is adequate and helpful to other countries.The foreign establishments of our country’s commercial banks are booming. On the contrast, the legislation about the supervision of the establishments has lagged behind. Except some belief principles in the Law of the People’s Republic of China on the People’s Bank of China, the Banking Supervision Law of the People’s Republic of China and the Commercial banking Law of the People’s Republic of China, there are only two special laws, Measures on the Administration of Chinese Financial Institutions Abroad and the Guide to Supervise on Chinese Commercial Banks’ Offices Abroad. The legislation has a lot of defects. From the perspective of domestic legislation, there are problems as follows: First, the supervision philosophy is out of date. Second, the legislative level is low. Third, the rules of the establishment are limited. Fourth, the business scope of the foreign establishments is blank. In addition, the deficiency of the risk supervision system and no rules for protective regulation are also the problems. From the perspective of international legislation, the defects exist in these respects: First, the responsibility for supervision is ambiguous. Second, there is barrier of communication between the home country and the host country. Third, the supervision cooperation is still to be strengthened.We should drawn lessons from the foreign advanced experience of the parent authority’s supervision, combining the current situation of our country, to perfect the legislation of the supervision on the foreign establishments of our domestic commercial bank. From the level of domestic legislation, first, the supervision philosophy should be changed. Second, the legislative level should be upgraded. Third, the supervision systems should be established strictly. Fourth, the business scope of the foreign establishments should be definite. Besides, the improvement of the risk supervision system and the establishment of rules for protective regulation are both essential. From the level of international legislation, the responsibility for supervision should be clear. The mechanism of communication between the home country and the host country should be improved. Also the international supervision cooperation should be strengthened.

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