Definition and Approach of Expandingobligations of Shareholders in Private Banks——From the Perspectives of Financial Stability Law,Commercial Banking Lawand Corporate Law
The expandingobligation of shareholders is essentially a kind of capital supplement responsibility for major shareholders to protect public funds and a credit enhancement responsibility to promote the development of private economy.The provisions on"residual risk liability"of shareholders of private banks are not effective enough,and there is a lack of provisions on the application stage,scope of subject and legal consequences of expanding obligations within the existing policy framework.The conflict between the expanding obligations of shareholders and the limited liability system reflects the conflict between the public and private legal interests of the financial and commercial law that is reflected in the continuous strengthening of financial supervision and risk prevention.From the perspective of the Financial Stability Law,it provides macro and basic provisions,further refines the specific system content of private banks'shareholders'expanding obligations from the perspective of the Commercial Bank Law,and creates a private law foundation from the perspective of the Corporate Law,so as to improve the institutional framework of the increased liability system of the three laws.
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