頁籤選單縮合
題名 | 我國銀行合併法律問題之研析=Legal Analysis of Taiwan's Banking Merger Laws |
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作者 | 林江峰; Lin, Chiang-feng; |
期刊 | 經社法制論叢 |
出版日期 | 20000100 |
卷期 | 25 2000.01[民89.01] |
頁次 | 頁63-93 |
分類號 | 562.29 |
語文 | chi |
關鍵詞 | 銀行; 信用合作社; 合併; 金融機構; 銀行法; 公司法; 公平交易法; Bank; Credit cooperative; Merger; Financial institution; Banking law; Corporate law; Fair trade law; Security law; |
中文摘要 | 近年來我國銀行家數急數增加,銀行競爭日趨激烈,獲利能力亦遭侵蝕,且因受亞洲金融風暴影響,部份銀行不良債權創下歷史新高記錄,致銀行經營日趨艱困。而國際間銀行合併風起雲湧,銀行有大型化之趨勢,可預見我國銀行業為面臨競爭求取生存,銀行合併將日趨增多。然由於銀行具有社會公器之功能,因此除其業務經營外,合併亦受到政府嚴密之管制。且我國對於銀行合併並無專法予以規範,因此對銀行合併須就不同法規辦理。所以銀行合併除須如同一些企業,遵循一定之法律流程,而依循公司法一般可併程序、證券交易法申報規定及公平交易法結合許可程度與相關行政命令之規定辦理外,亦須受銀行法相關法令之規範及中央主管機關(財政部)之許可始得為之。然現行銀行法規對健全銀行間之合併及不同種類金融機構合併之規範並不完善且缺乏獎勵誘因,無法有效推動銀行金融機構之整合。須待銀行法修正草案及金融業合併法草案及相關配套法規通過立法,我國銀行合併法律規範始趨完善,才能有助於我國銀行金融機構間整合之順利進行與金融體質之改善,並提昇我國銀行業之國際競爭力。 |
英文摘要 | The number of Taiwan's banking institutions has been increasing rapidly since Taiwan government's liberalization policy for allowing the establishment of new banks in 1990. Given the increasing number of banking institutions, the competition between banks becomes fierce and banking profitability is also eroding. In addition, Taiwan's banks have suffered from the impact of Asian financial crisis since 1998 and many banks' unperforming debts have reached record high. Running a bank becomes increasingly difficult in Taiwan. On the other hand, the trend of banking mergers has been emerging internationally. Given the intensively competitive environment in Taiwan's banking industry, it is inevitable that many Taiwanese banks will also follow this merger trend to increase operational scale and cost competitiveness to confront international competition. However, Taiwan's banking industry is highly regulated by government because of its public utility function. Banking operation is subject to government intensive regulation. Nevertheless, the current legal framework for regulating banking merger is not well structured to facilitate banking mergers. Regulations for banking merger are now spread in different laws. To merger a bank in Taiwan, banks have to get government's permissions as well as to follow different legal procedures regulated in the Corporate Law, Fair Trade Law, Security Law and Banking Law. These procedures are complicate and always time consuming. Thus, current legal framework does not provide any incentives for banking mergers. Nonetheless, the Taiwan government is now revising the Banking Law in order to reduce legal obstacles as well as provide incentives for banking mergers. This study will discuss the current legal framework for banking mergers and analyze its pro and con. In addition, the newly revising Banking Law Draft passed by the Administrative Yuan will be also discussed. It is recommended that the Taiwan government needs to fasten its pace for enacting Financial Industry Merger Law and relevant regulations to facilitate mergers between banks and other financial institutions in Taiwan as well as to strengthen international competitiveness of Taiwan banking industry. |
本系統之摘要資訊系依該期刊論文摘要之資訊為主。