China Legal Obstacles and Legislative Suggestions on Bankruptcy Disposal of Financial Institutions

DOI

10.2991/assehr.k.220701.011How to use a DOI?

Keywords

Enterprise Bank Law (EBL); Financial institutions insolvency; Cross-border bankruptcy

Abstract

This article investigates the trans-national efficacy of financial institution resolution measures with regard to existing as well as soon to be amended Chinese banking institutions bankruptcy law, the Bank Resolution Regulation (BRR). The Enterprise Bankruptcy Law (EBL) of China governs the overall structure. The final verdict regarding repercussions of financial institution resolution procedures rests with China’s peers. Nevertheless, the contractual technique is a suggested approach for enhancing legal clarity. Even so, China must first recognize inbound applicability from foreign resolution actions. Global treaty, mutuality, as well as public policy exemption are three fundamental requirements for recognition and admissibility. Such criteria require evaluation in light of the evolving global system for financial institution resolution as well as the most recent developments in the justice system of China.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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TY  - CONF
AU  - Ziyan Sha
PY  - 2022
DA  - 2022/07/04
TI  - China Legal Obstacles and Legislative Suggestions on Bankruptcy Disposal of Financial Institutions
BT  - Proceedings of the 2022 International Conference on Science and Technology Ethics and Human Future (STEHF 2022)
PB  - Atlantis Press
SP  - 50
EP  - 53
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220701.011
DO  - 10.2991/assehr.k.220701.011
ID  - Sha2022
ER  -