CBRC introduces directors ' exit mechanism incompetent on class
Source: Internet
Author: User
KeywordsIncompetent
Ding Yuping Wu Yushan "Commercial Bank corporate governance from the organizational structure has been ' shape ', these years to consider the ' spirit of the spirit ' construction. "December 27, China Banking Regulatory Commission two deputy director of supervision Chen Gangming said. December 10, the CBRC issued the "Commercial Bank board of Directors of the evaluation Method (trial)" (hereinafter referred to as the "method") is the CBRC corporate governance supervision of the first individual, but not the supervision of the organization of documents, the first introduction of evaluation mechanism, exit mechanism to standardize and improve the performance of commercial bank directors, the requirements of " The commercial banks shall be replaced in a timely manner when they are rated as incompetent directors. "Next, the CBRC will also introduce specific supervision of the Board of Supervisors, senior managers and other corporate governance of other subjects of the evaluation and conduct of the regulation of behavior, and the current financial institutions of the" Corporate governance guidelines "to do a comprehensive revision, the introduction of a unified regulatory document. First introduction of evaluation and exit mechanism before the CBRC, the main supervision means of bank directors is the restriction of access, that is, the qualifications of directors ' knowledge and experience, and their qualifications. However, the CBRC found in the supervision work, the simple entrance check can not fully ensure the effective duty of directors, but also need to establish effective process supervision and the corresponding exit or elimination mechanism to form a sound regulatory chain and system. According to the measures, commercial banks should classify directors into three levels of competence, basic competence and incompetence based on the results of evaluation. The directors and the Board of Supervisors shall organize meetings to provide the directors themselves with a deadline for improvement, and the Board shall organize training to help the directors improve their ability to fulfill their duties. If the long-term failure of effective improvement, commercial banks should change the director. The CBRC stated that the purpose of the scheme was not to evaluate the merits, but to consider whether the directors of the bank had the basic skills and experience of the job and whether their performance was in compliance and effective. There is no good or good category in the classification of evaluation results, and the highest is competence. There are three types of directors of commercial banks who cannot concurrently be "conflict of interest": Executive Director, Non-executive director and independent director, the roles of these three types of directors are different in the course of their duties, and each of them has its own emphasis in the course of their duties. For example, the Executive Director is a combination of senior management and board of directors, not only the decision of the board of Directors, but also the executive of the Board resolution, should focus on the performance of the board to the true and complete reporting of the operation of the responsibility; non-executive directors should strengthen the information communication between shareholders To coordinate the interests of shareholders and banks to play a greater role in the Independent director is to strengthen the independence of the process, pay attention to the interests of small and medium shareholders and depositors. In the method, the CBRC determines different evaluation factors for the different characteristics of the three types of directors. Chen Gangming said that in the case of a person concurrently serving as a director of a number of banks, nineth of the measures stipulates that there is no conflict of interest between the two institutions. The main explanation for "conflict of interest" is that "there is no competition relationship between business". The present individual acts as an independent director of two or more than two commercial banksIn general, such as the same as the two of the independent directors of the city firms abound, and the two of the city in the same province is not the same provinces with its regional expansion trend, whether the future constitutes competitiveness, difficult to determine. Unified corporate governance guidelines for directors ' personal performance supervision is only the first attempt by the CBRC to perfect the regulation of corporate governance, and thereafter, the scope of individual regulation will be expanded gradually. The CBRC said that it would establish relevant evaluation methods for members of the Board of Supervisors and senior managers in accordance with the implementation of the measures. Next, the CBRC is prepared to make a comprehensive revision to the current commercial Bank's "Corporate Governance supervision Guideline" document. All types of commercial banks have their own "corporate Governance supervision Guidelines", but there is no industry uniform documents, and more than a few years ago promulgated. such as "state-owned commercial banks corporate governance and related regulatory guidelines" was promulgated in May 2006, "joint-stock commercial banks corporate governance guidelines" and "joint-stock commercial banks independent director and external supervisor System Guidelines" was promulgated by the People's Bank in May 2002. The CBRC believes that there is currently a unified commercial bank corporate governance and supervision of the conditions and necessity. Chen Gangming said, "After these years of construction, the level of corporate governance of commercial banks is gradually consistent trend, (CBRC) ready to introduce a unified corporate governance, the various types of financial institutions to do common provisions." However, the Central Banking Research Center Guo Tianyong that the level and characteristics of corporate governance of commercial banks with different categories, sizes and levels of development are very different and it is difficult to apply the unified regulatory approach. "state-owned banks, City firms, listed banks and unlisted banks, and so on, corporate governance and characteristics vary greatly." "Therefore, the CBRC is preparing the" Commercial Bank corporate Governance Supervision guideline "only includes the broad provisions of universality, the various regulatory departments should be specific to different types of financial institutions issued rules. "Commonalities include different arrangements for different financial institutions. "Chen Gangming said that the document by the supervision of the two departments led by the draft, has a few drafts, preliminary completion, will soon launch.
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