Banking Law on ExcellentWiki - Legal Encyclopedia

Chinese Banking Law

Mon, 06 Jul 2026 00:00:00 +0000

The People’s Bank of China Law

The People’s Bank of China (PBOC) Law, adopted in 1995 and revised in 2003, establishes the PBOC as the central bank of the People’s Republic of China. The PBOC is charged with formulating and implementing monetary policy, maintaining financial stability, and providing financial services including the issuance of currency, the management of the payment and settlement system, and the administration of foreign exchange reserves. The PBOC operates under the leadership of the State Council, and its Governor is appointed by the National People’s Congress or its Standing Committee. The monetary policy tools available to the PBOC include reserve requirements, the rediscount rate, open market operations, and the benchmark lending and deposit rates.

European Union Banking Law

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The Single Rulebook

The EU Single Rulebook is the cornerstone of European banking regulation, comprising a unified set of prudential rules applicable to all credit institutions in the European Union. The Single Rulebook aims to ensure consistent regulatory treatment across member states and to eliminate regulatory arbitrage. The principal components are the Capital Requirements Directive (CRD IV, Directive 2013/36/EU) and the Capital Requirements Regulation (CRR, Regulation 575/2013), which implement the Basel III standards in EU law. The CRR is directly applicable in all member states, while the CRD IV required transposition into national law. The Single Rulebook also includes the Bank Recovery and Resolution Directive (BRRD, Directive 2014/59/EU), which harmonises resolution tools and powers across the Union, and the Deposit Guarantee Schemes Directive (DGSD, Directive 2014/49/EU), which requires member states to maintain deposit guarantee schemes covering deposits up to €100,000 per depositor.

French Banking Law

Mon, 06 Jul 2026 00:00:00 +0000

The Monetary and Financial Code

French banking law is codified in the Monetary and Financial Code (Code monétaire et financier, CMF), which consolidates the legislative and regulatory provisions governing the banking and financial sector. The CMF is organised into several parts covering the monetary framework, financial products and services, financial markets, and supervisory authorities. The Code reflects the French civil law tradition of codification and is regularly amended to transpose European Union directives and to respond to developments in financial markets and supervision. The CMF defines the legal status of credit institutions (établissements de crédit), which include banks, mutual and cooperative banks, savings banks, municipal credit banks, and finance companies. The CMF also distinguishes between banking operations (opérations de banque), which are reserved to credit institutions, and payment services, which may be provided by regulated non-bank entities.

German Banking Law

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The Banking Act and BaFin

The primary legislative framework for German banking law is the Banking Act (Kreditwesengesetz, KWG), which transposes European Union banking directives into national law and governs the licensing, supervision, and ongoing conduct of credit institutions and financial services institutions. The Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht, BaFin) serves as the integrated financial regulator responsible for banking, insurance, securities, and asset management supervision. BaFin exercises its supervisory powers in cooperation with the Deutsche Bundesbank under a functional division of labour: the Bundesbank conducts ongoing monitoring of institutions through its regional offices, while BaFin is responsible for binding administrative acts and enforcement decisions.

Russian Banking Law

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The Constitutional and Legislative Framework

The Constitution of the Russian Federation, adopted in 1993, establishes the foundations of the banking system at Articles 71 and 75, which place monetary and credit policy within the exclusive jurisdiction of the federal government and designate the Central Bank of the Russian Federation (the Bank of Russia) as the institution responsible for protecting and ensuring the stability of the ruble. The Federal Law on the Central Bank of the Russian Federation No 86-FZ of 10 July 2002 defines the legal status, functions, and powers of the Bank of Russia, while the Federal Law on Banks and Banking Activity No 395-1 of 2 December 1990, as substantially amended, serves as the primary legislative framework governing the operation of credit organisations.

United Kingdom Banking Law

Mon, 06 Jul 2026 00:00:00 +0000

The Bank of England and Monetary Policy

The Bank of England, founded in 1694 and nationalised in 1946, serves as the central bank of the United Kingdom. The Bank of England Act 1998 granted the Bank operational independence in the conduct of monetary policy. The Monetary Policy Committee (MPC), composed of the Governor, the three Deputy Governors, the Chief Economist, and four external members appointed by the Chancellor, sets the official Bank Rate to meet the Government’s inflation target. The Prudential Regulation Authority (PRA) operates as a subsidiary of the Bank of England and is responsible for the prudential supervision of banks, building societies, credit unions, insurers, and major investment firms.

United States Banking Law

Mon, 06 Jul 2026 00:00:00 +0000

The Dual Banking System

The United States operates a unique dual banking system in which banks may be chartered at either the federal or the state level. National banks receive their charter from the Office of the Comptroller of the Currency (OCC), an independent bureau within the Department of the Treasury established by the National Currency Act of 1863. State banks are chartered by the banking department of the state in which they operate. This dual structure allows banks to choose their primary regulator: national banks are supervised by the OCC, while state-chartered banks are supervised by state banking authorities and, if they are members of the Federal Reserve System, also by the Federal Reserve Board.