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5. Transparency
Transparency is another important component of the infrastructure that permits market mechanisms to function fairly and efficiently. Customers can make informed decisions, utilizing publicly disseminated information. Improved transparency in market options will help attract international investor interest. The common themes of improving oversight and market transparency are extremely pertinent, but they are often overlooked and neglected in the supervisory practices adopted in China. Taking a global perspective, hope it will help perfect and effective China’s regulatory and supervisory initiatives.
6. Consumer protection
In China, the shortage finance phenomena mainly embody in three parts: first, the existing banks would not like to invest and finance in small-scale counties and countryside. Second, the existing banks have very high doorsill and complicated procedures. Third, the rural cooperative financial organizations have strong characteristic of administrative financial organizations, bad assets increase and severely deficit. At this time, legislators should regulate and modulate in time, to protect consumers, especially the disadvantages’ rights. It can be better represented by the U.S. Regulation B , The Equal Credit Opportunity Act of 1975, and Anti-redlining Legislation. At first, financial institutions should be honest and let consumers know all the information and risks. China should also learn the regulations from the U.S. 1968 Truth-in-Lending Act and Regulation Z .
Moreover, the credit record system, rating system and report are also very advanced compared to China, the related regulations should be considered to establish in order to protect the consumers and the disadvantages. U.S. The Fair Credit Reporting Act of 1970 and The Right to Financial Privacy Act of 1978 are both of great value for reference. To sum up, how to protect the consumers and to establish the corresponding regulations is a big issue for China’s banking supervision.
7. Cooperation among different supervisory departments
From China’s supervision practice, banking supervisory department, market surveillance and internal auditing haven’t realized effective cooperation. People’s bank, Board of supervisors, auditing administration and internal auditing department in banks all conduct on-site examination to commercial banks, but the objects to be examined and schedules are not communicated beforehand, even the same for the results of examination and the solutions. The role of market supervision and intermediary agencies is not enough. Except the listed banks, the disclosure of information of non-listed banks is not enough, sometimes even false. External intermediary organs such as external auditing firms own a lot of professional information and resources, the supervisory department hasn’t noticed this would be a good method to increase the efficiency of supervision.
In this respect, communication of information should be smooth among internal and external supervisory departments, realizing information share, such as to establish joint conference, to report examination schedules, conditions and results and to adopt uniform data indicator and uniform information bank.
8. To improve the market withdrawal monitoring system
The law on commercial banks builds up the bankruptcy for banks in principle, but there are still so many issues not involved. Future legislation should improve the bankruptcy proceedings of the procedures. The law should require banks to apply for bankruptcy rather than by the banks to directly apply to the court. The insolvency of banks should be taken careful and strict review. At the same time, China should build a corresponding reconciliation procedure and period calculated. Bank debt settlement, debt restructuring, effective asset take-over and trusteeship also requires standardization.
Chinese foreign bank supervision law system after its entry into WTO
Globalization posed challenges for the capacity of the region’s supervisory apparatus to oversee the international affiliates of domestic financial institutions. The Basel Committee made initial progress in the area of home/ host reciprocal supervision of banking entities in several earlier documents, starting in 1975 and most recently in 1996. The gradual liberalization of the financial system in China is leading banks to establish an international presence. Already, several Chinese banks have established international branches. The regulatory authorities in China might be advised to consider the Basel Committee’s approach and guidance on the subject, including harmonization of capital standards and initiatives to improve cross-sector supervision. Similarly, China might benefit from international efforts to harmonize national rules that are under way, such as Core Principles developed under the auspices of the Basel Committee.
When China entered into WTO, promises had been made to open up its banking industry fully by the end of 2006. It has been a big challenge for China to prudently supervise foreign banks coming forth, based on the basic principles of WTO. For the purpose of meeting the needs of opening up to the outside world and economic development, strengthening and improving supervision and regulation over foreign-funded banks, and promoting safe and sound operation of banking industry, Regulations of the PRC on Administration of Foreign-funded Banks was enacted by CBRC in 2006. In its chapter IV, supervision and regulation has been particularly stipulated. Using for reference from common international practice, BBRC has distinguished its treatment of wholly foreign-funded bank or joint venture bank from the branch of foreign-funded bank. The former ones can engage in foreign exchange and RMB businesses, without examination and approval, whereas branches have to be approved individually and engage in limited retails business. Therefore, the regulations are aiming at leading foreign banks to register sub-bank domestically in China.
National Treatment of WTO core principle requires China to treat foreign firms the same as domestic firms are treated in the Chinese market, which is a basic requirement of a global market. But meanwhile, due to China’s status as emerging financial market, it is necessary and feasible for China to implement proper protection through prudent supervisory regulation according to international practice.
The supervisory regulations for accommodating to globalization of banks are lacking. The law of PRC on Commercial Banks is standing for domestic banks, thus the effective supervision on foreign banks may hardly realize. An overview of the existing laws and regulations , the shortcomings are: (1) the normative authority of the document is not high and (2) the monitoring content and the method for monitoring are too principle to operate. (3) the internal requirements for the foreign institutions are not clear.
The United States in 1991 "to strengthen the supervision of foreign banks" and 1996 Regulation K, not only required foreign banks must accept the annual inspection by the Fed, but also establish regulations for on-site and off-site inspection system, especially on-site inspection system is particularly perfect. They are very worthy learning from for China.
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