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理财业务运作规则是《商业银行法》修订工作中的一项研究重点,当前各界观点不一,有专家学者认为应当比照公募基金管理规定对银行理财进行管理。但银行理财与公募基金经营管理主体性质不同,运作方式不同,不宜简单套用公募基金管理规定管理银行理财,应在兼顾公募基金管理基本规则的同时,尊重银行理财业务的特殊性。可借鉴公募基金管理规定,抓紧完善银行理财业务核心规则,承认理财的信托属性和进一步拓宽和明晰理财资金直投范围。对公募基金管理部分规定可调整后采纳,但验资、持有人大会等部分规定暂不宜采纳。
The rules governing the operation of wealth management business are the focus of research in the revision of the Law on Commercial Banks. At present, all sectors have different opinions. Some experts and scholars believe that the management of bank wealth management should be conducted according to the regulations of public fund management. However, the main body of management and administration of bank financing and public offering funds are of different nature and different modes of operation. They should not simply apply the management of public fund management to manage their wealth management. They should respect the particularity of the bank’s wealth management business while taking into account of the basic rules governing the management of public funds. We can learn from the rules of public fund management, pay close attention to improving the core rules of bank financial management, recognize the trust properties of financial management and to further broaden and clarify the scope of direct investment funds. The provisions of the management of public funds can be adjusted after the adoption, but capital verification, the General Assembly and some other provisions for the time being should not be adopted.