Banking Laws In China

In this authoritative book, a leading Chinese expert on financial and economic law thoroughly explains the functions, activities and procedures that characterize the behaviour of financial institutions under current Chinese law. The book features: control of monetary policy formulation and implementation by the People's Bank of China (PBOC) modern central banking functions of the PBOC independence and accountability of the PBOC requirements and procedures for banking entry specific risk-based regulatory and supervisory requirements of the China Banking Regulatory Commission (CBRC) problem bank resolutions of the CBRC foreign banking law developments before and post WTO transitional period impact of new foreign banking regulations and rules on foreign bank activities in China

Banking Regulation in China provides an in-depth analysis of the country's contemporary banking regulatory system, focusing on regulation in practice. By drawing on public and private interest theories relating to bank regulation, He argues that controlled development of the banking sector transformed China's banks into more market-oriented institutions and increased public sector growth. This work proves that bank regulation is the primary means through which the Chinese government achieves its political and economic objectives rather than using it as a vehicle for maintaining efficient financial markets.

This book assesses new developments in and reform of China's banking law system following its accession of the WTO. It focuses on the relationship between GATS/WTO national treatment obligations and China's banking law. Tracing the history of national treatment in China, the book compares the treatment of foreign-funded banks with the treatment of Chinese-funded banks and examines the structure and shortcomings of the existing banking law framework in China. Offering suggestions as to how the framework could be restructured and analysing the economic and political bases of an integrated banking law framework, the book argues that reorganization would bring about greater consistency with GATS/WTO national treatment requirements. The book also explores the ambiguous definition of prudential carve-out, the subtle relationship between GATS national treatment and market access based on WTO cases, national treatment clauses in China’s bilateral investment treaties, and special treatment on banking in China’s free trade agreements. This volume is a valuable resource for academics and students as well as professionals and policy-makers working in the field of banking, WTO, Chinese law and foreign trade.

The way in which foreign bankers and Chinese institutions do business in China was reshaped in 1995. Legislation was enacted which transformed the People's Bank of China into a genuine central bank; the Commercial Banking Law brought in many reforms; and the Security Law was passed. This work reviews the current banking law in China, assesses the recent changes and guides the reader through the sometimes confusing path that Chinese banking has taken.

Banking Regulation in China provides an in-depth analysis of the country's contemporary banking regulatory system, focusing on regulation in practice. By drawing on public and private interest theories relating to bank regulation, He argues that controlled development of the banking sector transformed China's banks into more market-oriented institutions and increased public sector growth. This work proves that bank regulation is the primary means through which the Chinese government achieves its political and economic objectives rather than using it as a vehicle for maintaining efficient financial markets.

Provides a systematic and contextualized account of China's Fintech regulation.

If China is to develop a modern and viable banking sector, it needs to put in place a suitable legal infrastructure which is consistent with emerging international supervisory standards, WTO requirements and aspirations for financial sector liberalisation. The author argues that current foreign banking laws are fundamentally out of line with international standards and practices and that legislators and supervisors do not appreciate or cultivate commonly accepted supervisory values. This book proposes a set of reforms that would at the same time create a legal environment for competitive equality between foreign banks and protect the Chinese banking system. The issues considered include the licensing process for the entry of foreign banks into the Chinese market, the ongoing regulation of foreign banks and foreign bank crisis management or bank failure resolution. The author offers a proposed framework of Chinese foreign banking law which should be of great benefit to existing and prospective foreign banks in China.

China's banking system has been gradually transformed from a centralized, government-owned and government-controlled provider of loans into an increasingly competitive market in which different types of banks, including several U.S. banks, strive to provide a variety of financial services. Only three banks in China remain fully government-owned; most banks have been transformed into mixed ownership entities in which the central or local government may or may not be a major equity holder in the bank.

It aims to provide both legal and financial structures of banks and money matters in China. The publication covers all relevant topics related to the Chinese banking structure and law. It begins with a discussion on the historical development of Chinese banking law from the 1980s to present day, which continues to shape the regulatory principles in line with China's planned economy and market structure. The subsequent chapters aim to deal with regulatory principles of finance and banking law in China-post-accession to the WTO in liberalising its financial services. The aim is to provide an insightful view to the division, responsibilities and power among the People Bank of China (Central Bank) and the China Banking Regulatory Commission (Banking Regulatory and Supervisory).The traditional views of China's banking policies are reviewed with an examination of how an institution would even go about applying and obtaining a licence to operate a banking institution in China. The chapter also offer an analysis on the laws applicable to the consumer protection in banking law in China that no literature has yet attempted to cover. A book chapter also explains the issue arise form implementation of Basel Recommendations (I, II and III) in China. The uniqueness of the book goes further in depth discussions over regulation of financial derivatives, securitsations, securities taking, banking insolvency, settlement and depository protection scheme. Given that the adoption of Chinese legal structure, in particularly the finance market, is largely based on legal transplants, the book offers a comparative study that lend clarity to the current legal issues in China.

This volume covers the development of bank supervisory standards for an emerging Chinese Economic Circle (CEC) in which the People's Republic of China (PRC), Taiwan, and Hong Kong form an informal, interdependent relationship through their significant, increasing, inter-investment and inter-trade activities. The PRC, Taiwan, and Hong Kong are liberalising the regulation of their respective banking industries and are developing Shanghai, Taipei, and Hong Kong into major financial centres. To do this successfully requires the integration of prudential supervision (based on banking standards from the UK, United States, EU, and Basle Committee) into Chinese Banking Law and Practice. Bankers, banking lawyers, investors, and compliance officials will appreciate the way Development of Banking Law in the People's Republic of China and the Republic of China on Taiwan expertly brings together, in a single volume, the supervisory standards of PRC, Taiwan, and Hong Kong and offers unique, thoughtful solutions.