ABSTRACT

A commercial bank’s takeover means that the State Council’s supervisory and administrative authority has the power to take over a commercial bank when it has or is likely to have a credit crisis that seriously affects the interests of depositors. In the legal system of commercial bank takeover, our country only makes the general stipulation, does not make the concrete detailed stipulation, lacks the maneuverability in the practice. This paper focuses on the commercial bank’s takeover, draws lessons from foreign advanced experience, analyzes the concept of commercial bank takeover, the choice of receiver, the subject’s rights, obligations and legal responsibility, and improves the legal system of commercial bank takeover in our country.