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随着银行业国际化的发展,各国金融市场之间相互依赖性不断增强,跨国银行业的系统风险不断增加,仅仅依靠一国的单一监管已不足以防范金融风险并确保银行的稳健经营。跨国银行海外分支机构的不同形式备有其法律特性。根据巴塞尔协议的规定和国际金融监管实践,对跨国银行集团及其海外分支机构的法律监管应以母国的并表监管为核心,在母国监管当局和东道国监管当局之间建立持续性的信息交流与合作。
With the development of international banking, the interdependence of financial markets in various countries has been continuously enhanced. The systemic risks of multinational banking have been increasing. It is not enough to rely solely on the single supervision of a single country to prevent financial risks and ensure the steady operation of banks. Different forms of overseas branches of multinational banks have their own legal features. According to the provisions of the Basel Accord and international financial regulatory practices, legal supervision of multinational banking groups and their overseas branches should be centered on the consolidation of the home country and establish a continuous exchange of information between the home country supervisory authority and the host country’s supervisory authority cooperate with.