Resolution or Liquidation? The Future of Chinese Financial Stability Law
Date & Time: September 20, 2024 (Friday) 12:00-13:00
Abstract：
This presentation discusses a key question of how to orderly resolve the failures of financial institutions. Presently, there are two approaches advocated by international organisations, namely, the Key Attributes of Effective Resolution Regimes for Financial Institutions by the Financial Stability Board (FSB), and the ongoing Draft Legislative Guide on Bank Liquidation by the International Institute for the Unification of Private Law (Unidroit) and the Financial Stability Institute (FSI). This presentation compares the two approaches, with a particular focus on their influence on the draft Chinese Financial Stability Law. It examines institutional arrangements, crisis management proceedings, resolution and liquidation tools, and funding mechanisms. It proposes a systemic approach for resolving financial institution failures, by coordinating the roles and functions of administrative and judicial authorities, defining the conditions for initiating resolution and liquidation proceedings, applying tools such as bail-in and transfer, as well as establishing limitations on the usage of external funding.
Speaker：
Dr. Shuai Guo is Assistant Professor at China University of Political Science and Law, Consultant for the International Institute for the Unification of Private Law, Consultant for the Economic Research Institute for ASEAN and East Asia/United Nations Trade and Development, and Working Group Member for the United Nations Economic and Social Commission for Asia and the Pacific. He holds a doctoral degree from Leiden University, and published four books and over thirty articles. He sits on the International Insolvency Institute Academic Committee and INSOL International Early Researcher Academics. In 2022, he was recognised as Global Restructuring Review 40 Under 40.
Philip K.H. Wong Centre for Chinese Law (香港大學法律學院黃乾亨中國法研究中心) at The University of Hong Kong promotes legal scholarship with the aim to develop a deeper understanding of China and facilitate dialogue between East and West. For more information, visit: https://www.ccl.law.hku.hk/
