作者:刘琳琳 姜志会  金杜律师事务所

 

The Emergence of Commercial Banks’ Wealth Management Subsidiaries

Investment Paths for Foreign Financial Institutions

  • To Become a Controlling Shareholder

  • Founding controlling shareholder of a wealth management subsidiary must be a commercial bank incorporated in China.
  • A foreign financial institution can establish a wealth management subsidiary via its locally incorporated bank in China.
  • The locally incorporated bank will generally be required to satisfy the following major thresholds:
  • Being profitable in the past three consecutive accounting years;
  • No major incompliance record during the past two years;
  • Material prudential supervision indicators in compliance with requirements of regulatory authorities;
  • Having a wealth management business department in operation for more than three consecutive years;
  • Making capital contribution using its self-owned funds.
  • To Get a Non-controlling Interest

  • If unable to satisfy the eligibility requirements for controlling shareholder, foreign financial institutions may invest into a wealth management subsidiary as a non-controlling shareholder.
  • Investment Paths

 

  • The investment vehicle will generally be required to satisfy the following major thresholds:
  • Being profitable in the past two consecutive accounting years;
  • No major incompliance record during the past two years;
  • Making capital contribution using its self-owned funds.

Business Scope of Wealth Management Subsidiaries

 

Your KWM Team

The financial institution team of King & Wood Mallesons Finance & Capital Market Group specializes in financial institutions’ establishment, day-to-day business, investment, merger and acquisition. We are currently representing multiple commercial banks in their application for the establishment of wealth management subsidiaries.

Our strengths:

  • Being familiar with the most up-to-date financial regulations and market practice;
  • Maintaining good communication channels with financial regulatory authorities;
  • Having an in-depth knowledge of the need and culture of foreign financial institutions;
  • Providing Chinese and English bilingual services.

We are willing to provide you the best legal services which are tailored to your needs.

Linlin Liu

PartnerBeijing

Finance&Capital Markets

liulinlin@cn.kwm.com

Zhihui Jiang

PartnerBeijing

Finance&Capital Markets

jiangzhihui@cn.kwm.com