Volume 25, Issue 1 (2021)                   CLR 2021, 25(1): 87-113 | Back to browse issues page

‎ 20.1001.1.22516751.1400.25.1.1.6

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Daneshara E, isaei tafreshi M, shahbazinia M. The necessity of Formulating Special Legal System for Banks mergers in Iranian Law with utilizing US legal system. CLR 2021; 25 (1) :87-113
URL: http://clr.modares.ac.ir/article-20-38888-en.html
The necessity of Formulating Special Legal System for Banks mergers in Iranian Law with utilizing US legal system
Esmat Daneshara1 , Mohammad Isaei tafreshi 2, Morteza Shahbazinia3
1- Phd Student Of Private Law, Faculty Of Law,Tarbiat Modares University,Tehran,Iran
2- Professor Of Private Law, Faculty Of Law, Tarbiat Modares University,Tehran,Iran , tafreshi@modares.ac.ir
3- Associate Professor of Private Law, Faculty of law tarbiat modares university ,Tehran,Iran
Abstract:   (2015 Views)
Bank mergers is one of the complex issues of the banking system. Mergers in the banking system take place in a non-assisted or assisted way. Due to the distinctive characteristics of banks from other commercial companies and the special effects of mergers in the banking system, it is necessary to formulate special rules governing the merger of banks. Determining the role of the banking supervisor,the scope of its powers and duties,the role of other supervisory bodies such as the Competent Competent Authority and the merger assessment criteria in non-auxiliary mergers and determining the competent decision-maker, the scope of its authority and the type of banks subject to this type of merger shall be regulated by law. In US Federal Deposit Insurance Company act (1950) Banking Merger act (1960) and other related acts,the rules governing bank mergers are explained. The result of the study indicates the lack of regulations appropriate to the merger of banks in the Iranian legal system.
Keywords: merger, bank, Special Legal System, Economic System, Supervisory authorities
Full-Text [PDF 1130 kb]   (1099 Downloads)    
Article Type: Original Research | Subject: Comparative Law
Received: 2019/12/9 | Accepted: 2020/09/9 | Published: 2021/04/30
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