› › China S Banking Law And The National Treatment Of Foreign Funded Banks

China's Banking Law and the National Treatment of Foreign-Funded Banks

Author : Wei Wang

Publisher : Routledge

Page : 488 pages

File Size : 45,69 MB

Release : 2016-05-23

Category : Law

ISBN : 1317167317

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Book Description

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.



Chinese Banking Law and Foreign Financial Institutions

Author : Zhongfei Zhou

Publisher : Springer

Page : 280 pages

File Size : 21,20 MB

Release : 2001-03-12

Category : Law

ISBN :

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Book Description

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.



Banking Laws in China

Author : Zhongfei Zhou

Publisher :

Page : 296 pages

File Size : 32,8 MB

Release : 2007

Category : Business & Economics

ISBN :

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Book Description

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



China's Banking Law and the National Treatment of Foreign-Funded Banks

Author : Wei Wang

Publisher : Routledge

Page : 324 pages

File Size : 19,94 MB

Release : 2016-05-23

Category : Law

ISBN : 1317167325

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Book Description

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.







Banking Law in China

Author : I. A. Tokley

Publisher :

Page : 322 pages

File Size : 39,74 MB

Release : 1997

Category : Banking law

ISBN :

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Book Description

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.





The Rise of Foreign Investment in China's Banks

Author : Lamin Leigh

Publisher :

Page : 20 pages

File Size : 14,81 MB

Release : 2006

Category : Banks and banking

ISBN :

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Book Description

The recent wave of foreign investment in China's banks and the prospects of further opening of the banking sector under the WTO agreement suggest that foreign banks are likely to play an increasingly important role in China. This paper takes stock of the involvement of foreign banks in the Chinese banking sector in the perspective of international experience. While in most other countries foreign bank entry took the form of direct takeover or majority shareholding, foreign investments in China's banks have been minority shareholdings with very limited management involvement. The paper concludes that China appears to be well positioned to benefit from further opening of the banking sector to foreign investors. International experience suggests that greater competition from and participation of foreign banks can in general bring important benefits if appropriate incentives and sufficient opportunities are created



Financial Restructuring and Reform in Post-WTO China

Author : James R. Barth

Publisher :

Page : 416 pages

File Size : 11,95 MB

Release : 2007

Category : Business & Economics

ISBN :

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Book Description

This book addresses the on-going process of financial restructuring and reform in post-WTO China from a legal perspective. Chapter 1 provides an overview of the impact of the WTO on Chinaand’s financial markets and financial law systems. Chapter 2 discusses reform of banking law and regulation in post-WTO China. Chapter 3 addresses the role of the central bank in Chinaand’s financial system, focusing on issues of independence and accountability of the Peopleand’s Banking of China (PBOC), Chinaand’s central bank. Chapter 4 analyses Chinaand’s compliance with WTO obligations in the area of banking. Chapter 5 discusses the role of asset management companies (AMCs) in Chinaand’s on-going banking restructuring and liberalization. Chapter 6 analyses the development of securities markets in China, the challenges being faced and the impact of the WTO. Chapter 7 describes insurance and its development in China, focusing on the role of the WTO in liberalization. A new topic in China, i.e., financial conglomerates, is discussed in chapter 8, building upon the discussions in the previous chapters. Chapter 9 in turn studies the issue of financial institution insolvency and restructuring as noted in previous chapters, key issues in China. Chapter 10 discusses the double impact of the WTO and one of Chinaand’s regional trade agreements, CEPA, on Chinaand’s banking law.