Private Banking in China – When the Honeymoon Is Over

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clpstaff &clp articles

Private banking in China only received its baptism in September 2005 with the promulgation of the Interim Administrative Rules on Private Wealth Management Business of Commercial Bank. Some commentators have argued that the monetary threshold for the private wealth management regime is so low that its regulatory ambit covers territory more properly classified as retail banking than true private banking. By Jane Jiang, counsel, Corporate Practice, Allen & Overy Beijing and Fai-hung Cheung, counsel, Banking Practice, Allen & Overy Shanghai

There is no doubt, that September 2005's Interim Administrative Rules on Private Wealth Management Business of Commercial Bank together with the Interim Administrative Rules on Derivative Transactions of Financial Institutions promulgated earlier in 2004, have provided China's private wealth management regime with its first distribution platform for structured products for private individuals.

In its initial stages, the products offered under the private wealth management regime predominantly took the form of structured deposits. In April 2006, the central bank of China launched the Qualified Domestic Institutional Investors (QDII) scheme, allowing various financial institutions in China to raise onshore funds and invest in offshore financial products. Four days later, armed with its experience overseeing the private wealth management regime, the banking regulator unveiled the commercial bank QDII regime, more than a year ahead of the securities regulator and the insurance regulator. The commercial bank QDII regime can be seen as an extension of the private wealth management regime under which the funds are used for offshore investment.

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