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1

Alomran, Abdullah. "Electronic banking business practices and marketing." CSUSB ScholarWorks, 2002. https://scholarworks.lib.csusb.edu/etd-project/2068.

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The purpose of this study is to determine how banks and consumers are adapting to the Internet age; to understand the privacy, security and other issues involved with money transfers; to determine steps being taken to make e-banking adaptable to meeting the needs of the bank, customers, business and industry; to forecast e-banking potential; and to understand the role of marketing in the process.
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2

Neal, William R. (William Russell). "Characteristics of Texas Border and Non-Border Banks and a Comparison of their Lending Practices." Thesis, University of North Texas, 1994. https://digital.library.unt.edu/ark:/67531/metadc278075/.

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This thesis presents a comparison of the loan to deposit ratios of Texas banks along the Mexican border and banks located throughout the rest of the state. Mean characteristics of the two groups (i.e. border and non-border groups) are presented. A multivariate regression model is used to examine the extent to which various operating ratios of the banks and differing economic conditions of the communities in which the banks are located help explain the loan to deposit ratios of the banks involved in this study. The model incorporates data from 1984-1989. No evidence was found to refute the hypothesis that Texas border banks have a lower loan to deposit ratio than their non-border counterparts. The evidence points to a need for developmental capital, supplied by some form of development bank.
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3

Ndzinge, Lerato. "Money laundering in Botswana : a model for prevention in the banking sector." Thesis, Stellenbosch : University of Stellenbosch, 2009. http://hdl.handle.net/10019.1/925.

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Thesis (MBA (Business Management))-- University of Stellenbosch, 2009.
ENGLISH ABSTRACT: Money laundering is becoming a significant risk to the banking industry. It brings with it negative results such as damage to the banking industry reputation, escalation of prices as money launderers end up having a lot of cash in their hands resulting in high inflation and innocent consumers suffering when they end up having to pay the high prices. This research report will provide the background on money laundering and how the banking industry in Botswana can improve on the controls they have in place to deal with it. As money laundering is a worldwide problem, the study will explore the controls put in place by countries internationally and regionally to discourage money launderers from benefiting from their laundered assets. The study will also do a detailed assessment and analysis of the money laundering controls used by the banks in Botswana and come up with conclusions and recommendations that can help the banks in the fight against money laundering.
AFRIKAANSE OPSOMMING: Geldwassery word ‘n aansienlike risiko vir die bankwese. Dit het negatiewe gevolge soos skade aan die reputasie van die bankwese en prysstygings omdat geldwassers uiteindelik baie kontant in die hand het, wat lei tot hoë inflasie. Onskuldige verbruikers ly daaronder omdat hulle dan die hoë pryse moet betaal. Hierdie navorsingsverslag gee die agtergrond van geldwassery en hoe die bankwese in Botswana verbeteringe kan aanbring aan die beheermaatreëls wat hulle in plek het om geldwassery te hanteer. Aangesien geldwassery ‘n wêreldwye probleem is, ondersoek die studie die beheermaatreëls wat lande internasionaal en in streke gebruik om die geldwassers te ontmoedig om voordeel te trek uit die bates wat hulle op daardie wyse verkry het. Die studie doen ook ‘n gedetailleerde beoordeling en ontleding van die maatreëls vir die beheer van geldwassery wat deur die banke in Botswana gebruik word en kom tot gevolgtrekkings en gee aanbevelings wat die banke kan help in die stryd teen geldwassery
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4

Malallah, Ammar A. "Evaluating leadership development and practices: an empirical study of the banking sector in Kuwait." Thesis, University of Bradford, 2010. http://hdl.handle.net/10454/4886.

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In recent years the important of leadership in the organization has become an area of interest. Leadership has been noted to impact corporate culture, employee commitment and response and the overall performance of the organization. Given the fact that leadership is such an important part of organizational development and discourse, effective methods for developing effective leadership in the organization are needed. Without definitive methods for leadership development, organizations will not be able to optimize the outcomes of leadership in the organization. Thus, there is a clear impetus to delineate what works best in the context of leadership development. This study used concurrent qualitative and quantitative research to understand better the effect of cross-cultural influences on the leadership development programmes and leadership practices development in a study population consisting of managers and supervisors in the Kuwaiti banking industry. Although Kuwaiti organisations employ many international employees and operate foreign subsidiaries, they have not created leadership development programmes to improve cross-cultural leadership skills for managers. As a result, Kuwaiti managers often rely on traditional transactional methods and an authoritarian style of leadership that may be less effective with employees from different nations and cultural backgrounds. The qualitative phase of the research collected data from Kuwaiti bank managers through interviews while the quantitative phase of the research collected data with survey instrument. The quantitative phase of the study also tested the validity of a conceptual model and hypotheses using structural equation modelling and regression analysis. The research was guided by distributed leadership theory, which considers leadership as a series of interactions between leader and follower with the follower sometimes adopting an informal role as temporary leader. The theory also considers the context in which the leader operates as a critical factor for motivating leadership practise. The testing and validation of the theoretical model in the study led to the acceptance of a new 'Effective Cross Cultural Leadership' (ECL) model. This model describes the relationship between the exogenous or independent variables of cultural differences, training and development in traditional Kuwaiti leadership, cross cultural leadership development programmes and international leadership practises with the endogenous or dependent variables of leadership development programmes and leadership practises development. The testing of the hypotheses of the study showed a statistically significant relationship between the four independent variables and the two dependent variables with exception of the relationship between the independent variable of international leadership practises and the dependant variable of leadership programmes development. The quantitative findings also indicated that demographic variables do not have a moderating effect on the model. The qualitative findings of the study determined that cultural differences between employees and managers influence the managers' leadership behaviours and their understanding of the type of leadership development programmes to improve their cross-cultural leadership skills. Managers with greater experience or knowledge of foreign cultures adopt more flexible leadership practises when leading international teams. The qualitative findings also determined that front office managers are more willing to use participative leadership styles in leadership practises, while back office managers rely on authoritarian leadership styles focusing on tasks in their leadership practises, indicating that the context influences leadership styles and practise. The findings of the study including the development and validation of the Effective Cross-Cultural Leadership (ECL) model contribute to the theoretical and practical knowledge of cross-cultural leadership in Kuwait that can be extended to other Middle Eastern nations. In addition, the study finding extends cross-cultural theory by indicating that international influences both internal and external to the organisation affect leadership styles despite national norms and preferences. These findings implied that Kuwaiti organisations experience significant pressure to adopt some international leadership practises and styles to accommodate the expectations and needs of the many international workers employed in Kuwait. The practical implication of these findings showed that Kuwaiti managers would benefit from leadership training emphasising that no standard or correct approach to leadership exists and that it can be acceptable for leaders to use participative styles when warranted by the situation.
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5

Malallah, Ammar Abdulnabi. "Evaluating leadership development and practices : an empirical study of the banking sector in Kuwait." Thesis, University of Bradford, 2010. http://hdl.handle.net/10454/4886.

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In recent years the important of leadership in the organization has become an area of interest. Leadership has been noted to impact corporate culture, employee commitment and response and the overall performance of the organization. Given the fact that leadership is such an important part of organizational development and discourse, effective methods for developing effective leadership in the organization are needed. Without definitive methods for leadership development, organizations will not be able to optimize the outcomes of leadership in the organization. Thus, there is a clear impetus to delineate what works best in the context of leadership development. This study used concurrent qualitative and quantitative research to understand better the effect of cross-cultural influences on the leadership development programmes and leadership practices development in a study population consisting of managers and supervisors in the Kuwaiti banking industry. Although Kuwaiti organisations employ many international employees and operate foreign subsidiaries, they have not created leadership development programmes to improve cross-cultural leadership skills for managers. As a result, Kuwaiti managers often rely on traditional transactional methods and an authoritarian style of leadership that may be less effective with employees from different nations and cultural backgrounds. The qualitative phase of the research collected data from Kuwaiti bank managers through interviews while the quantitative phase of the research collected data with survey instrument. The quantitative phase of the study also tested the validity of a conceptual model and hypotheses using structural equation modelling and regression analysis. The research was guided by distributed leadership theory, which considers leadership as a series of interactions between leader and follower with the follower sometimes adopting an informal role as temporary leader. The theory also considers the context in which the leader operates as a critical factor for motivating leadership practise. The testing and validation of the theoretical model in the study led to the acceptance of a new 'Effective Cross Cultural Leadership' (ECL) model. This model describes the relationship between the exogenous or independent variables of cultural differences, training and development in traditional Kuwaiti leadership, cross cultural leadership development programmes and international leadership practises with the endogenous or dependent variables of leadership development programmes and leadership practises development. The testing of the hypotheses of the study showed a statistically significant relationship between the four independent variables and the two dependent variables with exception of the relationship between the independent variable of international leadership practises and the dependant variable of leadership programmes development. The quantitative findings also indicated that demographic variables do not have a moderating effect on the model. The qualitative findings of the study determined that cultural differences between employees and managers influence the managers' leadership behaviours and their understanding of the type of leadership development programmes to improve their cross-cultural leadership skills. Managers with greater experience or knowledge of foreign cultures adopt more flexible leadership practises when leading international teams. The qualitative findings also determined that front office managers are more willing to use participative leadership styles in leadership practises, while back office managers rely on authoritarian leadership styles focusing on tasks in their leadership practises, indicating that the context influences leadership styles and practise. The findings of the study including the development and validation of the Effective Cross-Cultural Leadership (ECL) model contribute to the theoretical and practical knowledge of cross-cultural leadership in Kuwait that can be extended to other Middle Eastern nations. In addition, the study finding extends cross-cultural theory by indicating that international influences both internal and external to the organisation affect leadership styles despite national norms and preferences. These findings implied that Kuwaiti organisations experience significant pressure to adopt some international leadership practises and styles to accommodate the expectations and needs of the many international workers employed in Kuwait. The practical implication of these findings showed that Kuwaiti managers would benefit from leadership training emphasising that no standard or correct approach to leadership exists and that it can be acceptable for leaders to use participative styles when warranted by the situation.
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6

Diete-Spiff, Josephine Aruoriwo. "Determining Sustainable Strategies for Directors of Microfinance Banks in Nigeria." ScholarWorks, 2015. https://scholarworks.waldenu.edu/dissertations/1779.

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The Nigerian microfinance banks often close their offices abruptly, leading to the loss of shareholders' funds. The purpose of this phenomenological study was to explore strategies microfinance bank directors use to maintain business sustainability. The concepts of microfinance banking, sustainability value, and strategic management theory formed the conceptual framework for this study. Twenty managing directors from microfinance banks in the Anambra state of Nigeria participated in semistructured interviews. The data analysis process involved the use of Moussakas' modified van Kaam process, which resulted in the emergence of 3 themes: strategic management, fear of microlending, and maintaining sustainability. The emergent themes indicated the necessity of a strategic management focus on maintenance of sustainability, growth in microfinance banking knowledge, best practice implementations, savings mobilization, technological input, and expansion of microlending services. The implications for positive social change involved the potential for bank directors to apply these findings to improve Nigerian microfinance banking performance and provide regular payments of shareholders' dividends. The increase in shareholders' funds and provision of credit administration to indigent Nigerians may contribute to economic growth within local communities, decrease crime, and increase income generating business activities in Nigeria.
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7

Kingsley, Leilarna Elizabeth. "Language policy in multilingual workplaces : management, practices and beliefs in banks in Luxembourg : a thesis submitted to the Victoria University of Wellington in fulfilment of the requirements for the degree of Doctor of Philosophy in Linguistics /." ResearchArchive@Victoria e-thesis, 2010. http://hdl.handle.net/10063/1298.

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8

Klöckner, Oliver. "Buy-outs in Family Businesses changes in corporate governance, instruments of managerial control, and financial practices /." Wiesbaden Gabler, 2009. http://d-nb.info/99270572X/04.

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9

Maphakisa, Motaboli David. "Effectiveness of ABSA business bank's customer relationship management practices in maintaining loyalty among customers in the Eastern Cape province." Thesis, Bloemfontein: Central University of Technology, Free State, 2014. http://hdl.handle.net/11462/273.

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Thesis (M. Tech. (Business Administration )) - Central University of Technology, Free State,
Traditionally, commercial banking in South Africa has been dominated by the big four namely Amalgamated Banks of South Africa (ABSA), First National Bank (FNB), Nedbank, and Standard Bank. Although still dominated by the big four, other smaller banks such as Capitec and African Bank have made inroads into retail banking. This situation arose due to liberalization of the financial services sector since democratisation in South Africa in 1994 which has paved the way for proliferation of the banking industry. This has in turn led to intense competition among banks for customers. Banks in South Africa therefore have the uphill task of retaining their existing customers whilst acquiring newer ones. As a result, South African banks are being compelled to become more customer focused/ oriented. Meanwhile, a key component of most initiatives to become more customer-oriented is the successful implementation of customer relationship management (CRM). A compelling view of CRM is that organisations generate a great deal of data about customers that they can use to build customer profiles in order to serve them better. South African banks therefore need to adopt and implement innovative CRM strategies to maintain a competitive edge in the marketplace. Most banks have a section that only deals with business clients. This is referred to in banking parlance as Business Banking. One of the critical elements of Business Banking is the high level of relationship banking – a service designed to meet the financial needs of clients through the development of a long-term relationship. This type of service delivery is unique and expensive compared to the traditional retail bank delivery system. As a result, the bank must be in position to monitor the profitability of each relationship to ensure that the right clients are serviced in the right way and are meeting the required value proposition. Therefore, if the South African banks in general need to adopt and implement effective CRM strategies, then the need is even greater for the Business Banking section in order to survive in the marketplace. Absa Business bank went through an operating model change in 2011 which necessitated some structural changes including changes in its CRM practices. Mindful of the value of retaining existing customers and attracting new ones, Absa would want to know whether its current CRM practices are effective in ensuring that customers become more loyal to Absa business bank. In general terms, this study investigated the concept of CRM and its influence on customer loyalty and retention. Specifically, the study investigated Absa Business Bank’s CRM practices in relation to customer loyalty and retention using primary data from employees, management, and customers from the Eastern Cape Region in South Africa. The results of the study are very revealing. Among others, the study shows that bank staff commitment to offering excellent service; building trust with customers; communicating with customers in a timely manner; and proactive conflict handling are important for bank image, customer word-of-mouth behaviour towards the bank and these ultimately influence bank customer retention and loyalty. On the basis of evidence from the study it is safe to conclude that customer loyalty can be attributed to CRM and more specifically those aimed at building trust, demonstrating commitment to service, communicating with customers in a timely, reliable and proactive fashion, and handling conflict efficiently. This report contains the major findings of the study alongside recommendations for practice and further research.
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10

Poungklin, Eakachai. "Practices to improve customer adoption of Internet banking in Thailand." 2004. http://arrow.unisa.edu.au:8081/1959.8/81740.

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Overall this thesis is concerned with the implementation and development of Internet banking in Thailand. Paper 1 is a literature review. It examines the development of Internet banking, world-wide rationale for the use of Internet banking, Internet banking in Thailand and the driving factors which influence banks to adopt Internet banking. The results of this study are beneficial to understanding why many banks in the world are starting to use Internet banking as a marketing tool for increasing competitive advantage over their rivals.
Paper 2 represents a survey of Thai banking customers and their interest or non-interest in using Internet banking. A number of hypotheses are developed and tested in this survey. The survey encompassed 485 persons, of whom 400 responded, throughout Thailand and attempted to assess and measure their attitudes towards Internet banking. Findings indicate that Internet banking is currently the least popular form of banking in Thailand (after ATM and branch banking). However, the younger group of customers, those aged between 18-30, ranked Internet branch banking first on their list of choices as the most desirable form of banking services. The results of this study are beneficial to the Thai banking sector in terms of providing a detailed understanding of customers' preferences for Internet banking. In addition, banks can apply this information to develop strategic plans focusing primarily on identified target groups, thereby providing better products and services.
Paper 3 develops a conceptual framework utilizing the results discussed in paper 2, to recommend to Thai banks appropriate promotional and servicing activities to encourage the development of Internet banking in Thailand. It includes a range of recommendations, over three specific time periods: short term, identified as up to 1.5 years, medium term specified as 1.5-3 years, and long term, identified as more than 3 years. Essentially, the recommended approach to Internet banking in Thailand concentrates on a developmental approach over these three periods. As defined by the results obtained in the survey discussed in paper 2, it is clear that Thai banks should consider younger, higher education level customers as potential customers. In addition, this paper also recommends how to use strategies for developing Internet banking but this should not be done to the exclusion of older, lower education level and lower income level customers.
Thesis (DBA(DBusinessAdministration))--University of South Australia, 2004
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11

Carmo, Gonçalo Pires de Carvalho Mota. "Robotic process automation : impact and best practices in portuguese banks." Master's thesis, 2020. http://hdl.handle.net/10400.14/31129.

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Robotic Process automation is the technology that allows companies to configure software to emulate the interaction of an employee with digital systems. This software is also known as “robots” and they have the innate ability to perform tasks faster, more accurately and to work 24 hours a day. In banks, most support functions are located in back-offices and the tasks performed there are mainly repetitive tasks that follow a set of rules. These types of processes are a good candidate for RPA automation. The Portuguese banking sector is still in an early stage of digitalization. In general, banks are innovating in their front-offices, however, apart from a few players in the industry, their back-offices still heavily rely on paper and currently have a low level of automation. By conducting interviews with topical experts that have been present in RPA implementations in banks, this study determined the impacts of the technology in Portuguese bank’s back-offices and the best practices that should be followed in order for implementations to be successful in future endeavors. The results show that RPA can have a significant impact in the industry, namely a reduction in operational costs. Furthermore, always considering scalability for future RPA projects and providing functional and technical documentation are among the resulting best practices.
Automação Robótica de Processos é a tecnologia que permite às empresas configurar software com o objetivo de reproduzir a interação de um funcionário com sistemas digitais. Este tipo de software é tambem conhecido por “robots”. Estes têm a particular capacidade de executar tarefas em menos tempo, com maior precisão e de trabalhar 24 horas por dia. Nos bancos, a maioria das funções de suporte encontram-se no back-office. As tarefas relacionadas com estas funções são muitas vezes de natureza repetitiva e seguem regras estabelecidas. Este tipo de processos são bons candidatos para automação através de RPA. O sector bancário em Portugal ainda se encontra numa fase inicial da sua digitalização. De uma forma geral, os bancos estão a inovar serviços no seu front-office, mas, excluindo alguns bancos na indústria, os back-offices ainda funcionam muito à base de papel e têm um nível de automação baixo. Através de entrevistas com especialistas em RPA que já integraram equipas em implementações da tecnologia em bancos, este estudo determinou os impactos da tecnologia nos back-offices dos bancos em Portugal e as melhores práticas a seguir para garantir o sucesso de futuras implementações. Os resultados mostram que RPA pode ter um impacto significativo na indústria, nomeadamente a nível da redução de custos operacionais. Adicionalmente, ter sempre em consideração a hipótese de escalabilidade e entregar documentação técnica e funcional foram algumas das práticas reveladas no estudo.
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12

Daya, Jithendra Chotoo. "Privacy policies and practices: an investigation of secondary use of information within South African retail banking institutions." Thesis, 1996. http://hdl.handle.net/10539/21614.

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A research report submitted to the Faculty of Commerce, University of the Witwatersrand, Johannesburg, in the partial fulfilment of the requirements for the degree of Master of Commerce. Johannesburg 1996.
This paper addresses concerns surrounding information privacy and the secondary use of information in South African corporations. This study also attempts to assess the level of concern that management and information technology practitioners if! South African retail banks have about privacy issues. The research suggests that privacy is a huge concern internationally and may affect South African corporations if they do not follow certain policies and practices. Eleven in-person structured interviews were conducted at four banks. The research proposes a set of guidelines by which South African management and IT practitioners, who are involved with the identification and solution of some of the problems that may be presented by possible privacy legislation, will be able to assess their policies and practices against international practices and policies. The results inform IS managers and executives about appropriate business policies they can implement voluntarily to address public concerns about specific information practices that may be considered a threat to privacy. The findings suggest that the executives are deliberately avoiding confronting the issue of information privacy for as long as possible. The executives are adopting a wait-and-see attitude and will react 011 whatever legislation requires them to do. At the time of the report senior executives at banks were not accepting responsibility for information privacy policies and practices and were leaving this responsibility; to the middle level managers who implement their own practices based on their own needs.
GR2017
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13

劉勇廷. "Study on the Risk Management and Supervision for Banking Related to Taiwanese Commercial Banks’ cross-border Establishments in Mainland China--- Focusing on the Sound Practices for Managing Solvency in Banking of Foreign Branches---." Thesis, 2002. http://ndltd.ncl.edu.tw/handle/48911935550255895227.

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14

Kanthapanit, Chinnapat. "The Analysis of Corporate Governance Practices and Their Impact on Minority Shareholder Rights in the Thai Banking Sector." Thesis, 2013. https://vuir.vu.edu.au/25356/.

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This study, supported by the Stock Exchange of Thailand (SET), investigated the responses of institutional investors in Thailand to corporate governance practices that promote minority shareholder rights. The study examined the compliance of banks with corporate governance standards in the commercial banking sector in Thailand and the relationship between compliance, ownership types, and bank performance. Interviews with experts from the sector preceded a survey of 173 bank executives and investors. The data were analysed using multivariate statistics and regression analysis.
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15

Chigada, Joel. "The role of knowledge management in enhancing organisational performance in selected banks in South Africa." Thesis, 2014. http://hdl.handle.net/10500/14332.

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Knowledge management (KM) has been cited as a strategic asset and a source of competitive advantage for organisations. While the issues of KM have been widely discussed by many researchers, there is a paucity of studies pertaining to the role of KM in enhancing organisational performance, especially in the banking sector. The focus of this research was to investigate the role of KM in enhancing organisational performance in selected banks of South Africa. The objective was to find out how knowledge was identified, captured, organised and retained in order to enhance performance of the banks. There is uncertainty about whether the use of KM could partly solve the banks‟ approaches to improving their quality of service to their communities in the modern information environment. Though KM has been implemented in commercial and business environments towards operational advantages and financial gains, KM survival principles and tools might help South African banks improve performance and fulfil their mandate. Knowledge, when properly managed, can significantly enhance an organisation‟s performance. The research design that was used in this study was an embedded case study design. Quantitative data were collected from a sample of middle level managers with the aid of a survey whilst interviews and document analysis were used to collect qualitative data. The findings of this study indicated that KM concepts were not universally understood at selected banks. The findings showed that collaboration between banks and the communities in creating a meaningful and relevant knowledge environment was essential for the survival of organisations. The banking industry practices were not deliberately based on KM but the study established that they were amenable to KM practices. The recommendation was to perform a knowledge inventory which could help develop appropriate institution-wide policies and practices for proper and well-organised methods of integrating work processes, collaborating and sharing (including the efficient use of knowledge technology platforms), and developing an enabling institutional culture.
Information Science
D. Litt. et Phil. (Information Science)
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16

Sabbagha, Michelle Fontainha de Sousa. "A model of employee motivation and job satisfaction for staff retention practices within a South African foreign exchange banking organisation." Thesis, 2016. http://hdl.handle.net/10500/23278.

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Foreign exchange banking organisations afford individuals great career opportunities, and therefore endeavour to attract high-caliber employees who are self-motivated and create the dynamic, innovative and professional culture characteristic of the organisation. Retaining key talent characterised by skills shortages has become an imperative for sustaining competitive business performance in a fast-changing economic environment. The general aim of this research was to develop a model of employee motivation and job satisfaction for staff retention practices in a foreign exchange banking organisation. The concepts of employee motivation, job satisfaction and employee retention were discussed with regard to their history, conceptual foundation, theoretical approaches, types, variables and consequences. The theoretical model was developed accordingly on the basis of the literature review, and revealed the factors that could influence employee retention. The main purpose of the empirical research was to operationalise the theoretically derived motivation and job satisfaction concepts, statistically determine the underlying variables of motivation and job satisfaction that influence employee retention and develop a structural equation model to verify the theoretical model. A quantitative empirical research paradigm using the survey method was followed. Explanatory and descriptive research was used in this study, with a sample of 341 foreign exchange banking individuals drawn from a financial institution. Three questionnaires and a biographical questionnaire were adapted and administered to employees. The Work Preference Inventory (WPI) measured employee motivation, the Job Satisfaction Survey (JSS) measured job satisfaction, and the Employee Retention Questionnaire (ERQ) measured employee retention intention. A structural equation model development strategy produced a new best-fitting retention model based on the new constructs postulated in the factor analysis. The model indicated that job satisfaction explained the highest variance of retention when compared to motivation. The research should contribute towards a comprehensive understanding of the factors that influence employee retention. The new model of employee motivation and job satisfaction for staff retention practices in a South African foreign exchange banking organisation could assist organisations in retaining skilled and talented staff. The study should encourage practitioners to take cognisance of the fact that organisations are different and that the motivation and job satisfaction factors for employee retention need to be considered.
Public Administration and Management
D. Com. (Industrial and Organisational Psychology)
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17

Van, Jaarsveld Izelde Louise. "Aspects of money laundering in South African law." Thesis, 2011. http://hdl.handle.net/10500/5091.

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Money laundering involves activities which are aimed at concealing benefits that were acquired through criminal means for the purpose of making them appear legitimately acquired. Money laundering promotes criminal activities in South Africa because it allows criminals to keep the benefits that they acquired through their criminal activities. It takes place through a variety of schemes which include the use of banks. In this sense money laundering control is based on the premise that banks must be protected from providing criminals with the means to launder the benefits of their criminal activities. The Financial Intelligence Centre Act 38 of 2001 (‘FICA’) in aggregate with the Prevention of Organised Crime Act 121 of 1998 (‘POCA’) form the backbone of South Africa’s anti-money laundering regime. Like its international counterparts FICA imposes onerous duties on banks seeing that they are most often used by criminals as conduits to launder the benefits of crime. In turn, POCA criminalises activities in relation to the benefits of crime and delineates civil proceedings aimed at forfeiting the benefits of crime to the state. This study identifies the idiosyncrasies of the South African anti-money laundering regime and forwards recommendations aimed at improving its structure. To this end nine issues in relation to money laundering control and banks are investigated. The investigation fundamentally reveals that money laundering control holds unforeseen consequences for banks. In particular, a bank that receives the benefits of crimes such as fraud or theft faces prosecution if it fails to heed FICA’s money laundering control duties, for example, the filing of a suspicious transaction report. However, if the bank files a suspicious transaction report, it may be sued in civil court by the customer for breach of contract. In addition, if the bank parted with the benefits of fraud or theft whilst suspecting that the account holder may not be entitled to payment thereof, it may be sued by the victim of fraud or theft who seeks to recover loss suffered at the hand of the fraudster or thief from the bank. Ultimately, this study illustrates that amendment of some of the provisions of South Africa’s anti-money laundering legislation should enable banks to manage the aforementioned and other unforeseen consequences of money laundering control whilst at the same time contribute to the South African anti-money laundering effort.
Criminal and Procedural Law
Mercantile Law
LL.D.
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