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金融控股公司以其“集团混业、法人分业”的优势成为我国金融由分业走向混业体制的首选模式,但其出于整体利益驱动而从事高风险投资的逆向选择行为,会使外部债权人面临较大的风险。因此,立法应突破传统公司法有限责任的限制,适当加重金融控股公司责任和风险承担的义务,并从资本要求、防火墙设置、内部交易规范等方面着手,构建起一个系统的债权人利益保护体系。
Financial Holding Company has become the preferred model for China’s financial sector to move from segregation to a mixed system because of its advantages of “group mixing and legal person division.” However, the adverse selection behavior of high-risk investment driven by the overall interests of the financial holding company External creditors are exposed to greater risk. Therefore, the legislation should break through the limitation of the limited liability of the traditional company law, appropriately increase the obligation of financial holding company and the obligation of risk taking, and construct a system of creditor protection system from the aspects of capital requirement, firewall setting and internal transaction rules.