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Journal articles on the topic 'Financial agreements'

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Published: 10 August 2023

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1

Johan, Suwinto, and Ariawan Ariawan. "Juridical Overview of the Syndication Financing Agreement Between Customers and Financial Institutions." Kanun Jurnal Ilmu Hukum 23, no. 3 (December 30, 2021): 445–58. http://dx.doi.org/10.24815/kanun.v23i3.21920.

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Companies need funding for business growth. Syndicated financing is financing in large amounts of funds and projects that require extensive and long-term financing. Syndi-cated financing has grown since the 1960s. Participating financial institutions have compliance and knowledge of syndicated financing agreements. Customers have low compliance and understanding of financing agreements. This discrepancy has given rise to several communication problems, which resulted in legal events. This research aims to examine syndicated financing agreements between financial institutions and customers from the juridical side. This research uses a normative juridical method. This research concludes that the financing agreement is a single agreement between customers and many financial institutions. Financial institutions cannot deal directly with customers in the syndicated financing agreements. The facility agent or trustee represents the financial institution in negotiations with the customer if there is a difference or discrepancy with the financing agreement.
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2

Vaitsekhovska, O. R. "INTERNATIONAL AGREEMENTS AS A SOURCE OF INTERNATIONAL FINANCIAL LAW." Constitutional State, no. 43 (October 26, 2021): 185–94. http://dx.doi.org/10.18524/2411-2054.2021.43.241000.

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The article under studies is a legal analysis of the international contractual lawmaking in the field of finance. It lays particular emphasis on the role of international financial agreements in forming the international financial order enforcement. The article contains a classification of international agreements, which directly or indirectly aim at regulating financial relations according to the following criteria: 1) the subject of legal regulations; 2) the legal status of the parties that conclude an international agreement; 3) the number of the parties in an international agreement. In addition, the paper under discussion analyzes the contents of the statutes of certain international financial organizations, whose norms play a significant role for the legal-normative constituent of the international financial order enforcement. The research indicates that in compliance with the nature of the irfunctions and the number of the parties, international financial agreements are divided into: A) the international agreements, which set up the legal basics and a single procedure of the inter-state relations in a certain field of activities of the international financial relations (the fields of currency relations, settlement relations, countering terrorism financing, etc.) andserveas a basis for concluding other agreements in a respective area: 1) the international agreements that aim at coordinating states in the international financial relations (statutes of the international financial organizations); 2) the international agreements that have a mixed legal nature in the context of the ultimate legal entities, to which most of the provisions of the agreement are directed. Such inter-state agreements make the states fulfil their obligations by implementing the international norms into their national legislations, which concern the financial relations between legal and juridical persons. B) The international agreements, which contain individually determined financial norms (on the issues of financing, investing, etc.).
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3

Al-Rushou, Ahmad, and Mansour Al Saeed. "Repurchase Agreements in Financial Markets: Financial and Legal Prospective." Arab Law Quarterly 22, no. 2 (2008): 112–57. http://dx.doi.org/10.1163/026805508x287658.

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4

GRAY, JOANNA. "FINANCIAL SERVICES: DRAFTING PRIVATE CLIENT AGREEMENTS." Journal of Financial Regulation and Compliance 3, no. 2 (February 1995): 147–52. http://dx.doi.org/10.1108/eb024838.

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5

Mattesini, Fabrizio. "Capital accumulation under different financial agreements." Journal of Economic Dynamics and Control 15, no. 3 (July 1991): 589–605. http://dx.doi.org/10.1016/0165-1889(91)90008-o.

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6

Kholijah, Siti. "Akad Murakkab dalam Produk Keuangan Syariah." Jurnal BAABU AL-ILMI: Ekonomi dan Perbankan Syariah 5, no. 1 (April 30, 2020): 104. http://dx.doi.org/10.29300/ba.v5i1.3122.

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The most important thing for creating sharia banking and financial products in addressing the demands of modern society is the development of multiple agreement.The form of a single agreement is not able to respond to contemporary financial transactions. Multiple agreement method should be superior in product development. Agreement in sharia transaction are modified from the exciting agreements in which such agreements are found in almost all sharia product. Multiple Agreement(al-Uqud al- Murakkabah) is one of contempory in Islamic banking whose implementation develops in line with business developments.
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7

Chernus, N. Yu, and E. P. Voytovich. "Place of Financial Rent (Leasing) Agreement in the System of Civil Legal Agreements." Juridical Science and Practice 15, no. 1 (2019): 20–25. http://dx.doi.org/10.25205/2542-0410-2019-15-1-20-25.

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8

Morozov, Sergey Yu, Marina N. Ilyushina, Vitaly V. Izmailov, and Kama K. Dzhindzholiya. "Framework Agreement as a Regulator of Economic Relations, Business and Financial Activities." SHS Web of Conferences 110 (2021): 01021. http://dx.doi.org/10.1051/shsconf/202111001021.

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Very It seems relevant to consider a framework agreement on the implementation of economic activity, business and financial activities due to two circumstances: 1) framework agreements are most widespread in the sphere of economics, since it is the persons engaged in entrepreneurial activity who most of all need long-term planning of their economic interests and the distribution of financial resources; 2) certain types of framework agreements, named in the Civil Code of the Russian Federation, are most widespread in the economy and the sphere of finance, digital technologies, that is, they are most often used in doing business. Purpose of research: the study of organizational relations developing in the field of economic activity, the definition of the problems of framework agreements both in doctrinal and legislative and law enforcement aspects in the field of economic and financial relations, as well as the development of proposals for improving legislation in this area. Methods: The methodological basis is general scientific methods of cognition of legal phenomena, such as synthesis, the method of analogy, formal logic and others, as well as private scientific research methods. problems of framework agreements applied in the field of economic activity. Results and novelty: Conclusions are formulated on the essential conditions of the framework agreement and practical recommendations are provided for the conclusion of such agreements as regulators of economic and financial activities. The place of framework agreements in the implementation of certain types of economic and entrepreneurial activities, such as banking and insurance activities, is analysed.
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9

Zavalna, Zh V., and M. V. Starynskyi. "Innovations in the legal regulation of contracts for the provision of financial services." Legal horizons, no. 26 (2021): 72–77. http://dx.doi.org/10.21272/legalhorizons.2021.i26.p72.

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The article is a topic study of the changes in Ukrainian laws that regulate financial services agreements. The study of this issue is caused by the need to improve the efficiency of the legal regulation of customer rights protection when concluding deposit, credit or escrow agreements with banks. The article provides theoretical analysis of the new provisions in the legislative instruments of the National Bank of Ukraine regarding their compliance with the theory of law and the provisions of the legislative acts, including in particular the Civil Code of Ukraine. As a result of the research the authors come to the conclusion that the additional requirements concerning financial services agreements do not include a clear definition of their legal status nor correlate to the established legislative requirements for the agreements of this type. Such ambiguity can influence both the contents of such agreements as well as the process and the result of their conclusion. Taking into consideration that banks usually conclude such agreements by providing prepared forms, the authors analyze whether it is reasonable to distinguish an individual and public part in the contents of such agreements. Consequently, such notions as “individual part” and “public part” of a financial services agreement that are used in the special legislative instrument requires further research. The practical value of the given study consists in the fact that coordination of new regulatory frameworks in the legal regulation of bank agreements should ensure a clearer definition of the provisions in financial services agreements and, as such, it should provide for the legal protection of customer rights in the area of financial (bank) services.
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10

Hapsari, Dwi Ratna Indri, and Kukuh Dwi Kurniawan. "Consumer Protection in the Banking Credit Agreement in Accordance with the Principle of Proportionality under Indonesian Laws." Fiat Justisia: Jurnal Ilmu Hukum 14, no. 4 (July 28, 2020): 337. http://dx.doi.org/10.25041/fiatjustisia.v14no4.1884.

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The implementation of the principle of freedom of contract gives rise to the types of agreements not regulated in the law or The Indonesian Civil Code (ICC). We are familiar with the term Standard contract or standard agreement. Standard agreements are often used in the banking world, one of which is in banking credit agreements, as we all understand that the position of the customer is weaker than the bank, so it must be protected by law. In order to protect these interests, the customer is given protection contained in the Banking Act regulations as well as the Consumer Protection Act and its derivative regulations. Specifically, the credit agreement format as the standard agreement set out in Financial Services Authority Circular Number 13 / SEOJK.07 / 2014 Concerning Standard Agreements is that credit agreements that contain rights, obligations and requirements that are legally binding on customers, are required to use letters, writing, symbols, diagrams, signs, terms, readable phrases, and / or sentences simple ones in Indonesian that are easily understood by customers. This is in an effort to provide protection to customers and the regulatory and supervisory functions of the Financial Services Authority.
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11

Matz, Nele. "Environmental Financing: Function and Coherence of Financial Mechanisms in International Environmental Agreements." Max Planck Yearbook of United Nations Law Online 6, no. 1 (2002): 473–534. http://dx.doi.org/10.1163/18757413-00601010.

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Matz, Nele. "Environmental Financing: Function and Coherence of Financial Mechanisms in International Environmental Agreements." Max Planck Yearbook of United Nations Law Online 6, no. 1 (January 1, 2002): 473–528. http://dx.doi.org/10.1163/138946302775159361.

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13

Terai, Kimiko. "Financial Mechanism and Enforceability of International Environmental Agreements." Environmental and Resource Economics 53, no. 2 (May 19, 2012): 297–308. http://dx.doi.org/10.1007/s10640-012-9563-5.

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14

Pradnyawati, Ni Made Eka, I. Nyoman Sukandia, and Desak Gde Dwi Arini. "Perjanjian Pinjaman Online Berbasis Financial Technology (Fintech)." Jurnal Konstruksi Hukum 2, no. 2 (May 2, 2021): 320–25. http://dx.doi.org/10.22225/jkh.2.2.3230.320-325.

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Financial Technology (Fintech) is a technology alternative that facilitates loan transactions that can be done online. Online loans create new problems such as rampant fraud and default. Referring to the problems described, this research was conducted with the aim of explaining the legal position of financial technology-based online loan agreements (Fintechl), and knowing the legal protection of creditors who provide financial technology-based online loans (Fintech). This research used normative legal research. Sources of data are primary and secondary legal materials, data are combined with recording techniques in obtaining primary and secondary legal materials, namely examining several reading materials such as journals, scientific books and statutory regulations. After the data is collected, it is then analyzed qualitatively. The result showed that the legal position of online loan agreements based on financial technology (Fintech) when reviewed legally, the online agreement is legally valid because it has a basis, namely Article 1320 of the Civil Code and the validity of the evidence used refers to law Number 11 of 2008 concerning Article 5 of the ITE Law on information, documents and electronic signatures. Legal protection for creditors in an online loan agreement based on financial technology (Fintech) consists of preventive legal protection and repressive legal protection.
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15

Lange, Knut Werner. "Erfüllen Kartellabsprachen den Tatbestand des Betrugs?" Zeitschrift für Wettbewerbsrecht 1, no. 3 (August 1, 2003): 352–68. http://dx.doi.org/10.15375/zwer-2003-0306.

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Abstract Since the BGH passed the two “Rheinausbau”-Decisions, price-fixing agreements within award procedures which run counter to antitrust law may from his 2nd penal senate's point of view complete the corpus delicti of fraud. By two decisions of the y ears 2000 and 2001, also the 1st penal senate came to this opinion, since he again confirmed and at the same time facilitated the sanction of antitrust agreements by penal law. This adjudication deserves attention in particular with respect to the determination of the financial loss. According to this adjudication the financial/ass of price-fixing agreements contrary to antitrust law does also contain the surcharges resulting from the agreement. From the orderer’s point of view the attainable price for the placed order would have been the attained price less the surcharges resulting from the agreements. Payments of bribes and adjustment payments to the companies participating at the trust or option money to the outside brokers are deemend by the BGH as almost compulsive signs of evidence for the fact that the price attainable without the price-fixing agreement would have been lower than the actual agreed price. According to this the judge may assume a financial/ass at least up to the amount of the bribes and the adjustment payments. The critical analysis of the decision shows that the BGH is led in particular concerning the determination of the financial/ass by assumptions which can not convince both legally and economically.
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16

Côté, Pierre-Paul. "Considérations sur le prêt commercial et la convention de prêt." Le prêt commercial 28, no. 4 (April 12, 2005): 861–96. http://dx.doi.org/10.7202/042845ar.

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Commercial credit has been given many different forms over the years and the various financial instruments are being constantly refined. By the same token, loan agreements have become increasingly complex documents. The main thrust of this paper is to examine the legal nature, legality and usefulness of a number of financial instruments and clauses usually found in a typical agreement, in the light of basic civil law rules and principles. The first part of this paper deals with a number of financial instruments, namely the open credit agreement, the banker's acceptance, the letter of credit and the letter of guaranty. Secondly the author analyses the typical loan agreement focusing on the convenant 'sfundamentals elements and discussing its relationship with the use of sureties. In particular, two civil law mechanisms that are of some interest in connection with the loan agreement namely novation and subrogation are examined. The third and fourth parts of this paper deal with a number of standard clauses in the open credit and loan agreements.
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17

Bray, Judith. "THE EFFECT OF ‘FAIRNESS’ ON PRE-NUPTIAL AGREEMENTS." Denning Law Journal 26 (September 25, 2014): 261–73. http://dx.doi.org/10.5750/dlj.v26i0.932.

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Until the seminal judgment of Radmacher v Granatino pre-nuptial or pre-marital agreements were given limited weight in English law. Prior to this decision there had been considerable debate about the status in law of all nuptial settlements both pre and post marriage. The key question for Radmacher was whether pre-nuptial settlements should attract equal weight as agreements drawn up during the course of a marriage. In MacLeod v MacLeod the Privy Council finally resolved the issue with regard to post-nuptial settlements holding that agreements drawn up post marriage would carry weight when the court decides a claim for financial relief under s.25 Matrimonial Causes Act 1973. The English courts, unlike other jurisdictions, have always been reluctant to uphold agreements, which purport to deprive the court of its jurisdiction in deciding financial provision. There was also an underlying presumption that parties to a marriage did not intend their agreements to form legally binding contracts and finding adequate consideration within such agreements was often difficult unless the agreement is incorporated in a deed. The effect of the Supreme Court’s decision in Radmacher was not to reverse this approach. Pre-nuptial agreements were not made binding on the court but rather the court is invited to give weight to all nuptial agreements subject to certain safeguards. The subsequent decision in Luckwell v Limatagives guidance as to when the court will be prepared to deviate from pre-marital agreements even when the parties have been given independent legal advice and both parties are fully aware of the possible effect of such an agreement.
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18

Mikhailov, D., and V. Mosyagin. "Financial Risk-Sharing in Business Agreements of Forestry Enterprises." Bulletin of Higher Educational Institutions. Lesnoi Zhurnal (Forestry journal) 344, no. 2 (April 2015): 152–58. http://dx.doi.org/10.17238/issn0536-1036.2015.2.152.

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19

McDowell, Daniel. "The (Ineffective) Financial Statecraft of China's Bilateral Swap Agreements." Development and Change 50, no. 1 (January 2019): 122–43. http://dx.doi.org/10.1111/dech.12474.

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20

Sissoko, Carolyn. "Repurchase agreements and the (de)construction of financial markets." Economy and Society 48, no. 3 (July 3, 2019): 315–41. http://dx.doi.org/10.1080/03085147.2018.1525155.

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21

Roberts, Michael R., and Amir Sufi. "Renegotiation of financial contracts: Evidence from private credit agreements." Journal of Financial Economics 93, no. 2 (August 2009): 159–84. http://dx.doi.org/10.1016/j.jfineco.2008.08.005.

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22

Cain, Matthew D., David J. Denis, and Diane K. Denis. "Earnouts: A study of financial contracting in acquisition agreements." Journal of Accounting and Economics 51, no. 1-2 (February 2011): 151–70. http://dx.doi.org/10.1016/j.jacceco.2010.05.001.

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23

Pavlik, Amelia. "Offer students income‐share agreements to alleviate financial stress." Enrollment Management Report 23, no. 9 (November 21, 2019): 1–5. http://dx.doi.org/10.1002/emt.30600.

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24

Cash, Alyxandra, and Hui-Ju Tsai. "Readability of the credit card agreements and financial charges." Finance Research Letters 24 (March 2018): 145–50. http://dx.doi.org/10.1016/j.frl.2017.08.003.

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25

Rakhaev, V. A. "Modernizing the lending facility under concession agreements." Finance and Credit 26, no. 7 (July 30, 2020): 1590–609. http://dx.doi.org/10.24891/fc.26.7.1590.

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Subject. The article addresses modernization of lending facilities under concession agreements. It is important for evaluating the terms of credit transactions, effectiveness of credit projects, and the concessionaire's ability to repay the loan. Objectives. The purpose is to review the current financing mechanism and underpin approaches to improving the credit facilities within concession agreements. Methods. The study rests on general scientific methods, like the systems and logical analysis and synthesis, principles of induction and deduction, financial calculation techniques. The analytical part employs the balance method, methods of financial coefficients and the method of technical and economic estimates. Results. I analyzed the financial structure and special characteristics of concession agreements, parameters of concessionaires’ activities; considered the types of risks inherent in bank lending under concession agreements, methods for their identification and mitigation; offered a mechanism of lending, including the structure of credit transactions, restrictions for the financial condition of concessionaires, additional requirements and penalties for their non-fulfillment. The findings can help banks define lending parameters for concession agreements. The provided recommendations may be useful for consideration by the authorities of the constituent entities of the Russian Federation. Conclusions. It is possible to reduce the risks of lending under concession contracts, if their terms and conditions are stable, and if the lost income of concessionaires is compensated in the event of early termination. Reasonable tariffs for works and services and increased revenue collection will promote this type of lending.
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Santillán-Salgado, Roberto Joaquín. "Global Regulatory Changes to the Banking Industry after the Financial Crisis: Basel III." Journal of Global Economy 11, no. 2 (June 27, 2015): 83–100. http://dx.doi.org/10.1956/jge.v11i2.395.

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Two global regulatory frameworks for the banking industry (the Basel I and Basel II Agreements) had already been developed and implemented when the Financial Crisis (2007-2009) hit the global economy, and a third version was under development. We center this study’s attention on the structure and functioning of the Basel III Agreement but, in order to set the background, we briefly discuss its previous versions (Basel I and Basel II). Finally, we present some comments on the meaningfulness and impact of the Basel Agreements worldwide, and offer our inferences on what will be the future of the world banking industry under Basel III.
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27

Simko, Natalya. "PRACTICE OF APPLICATION OF CONCESSION AGREEMENTS IN RUSSIA: VIOLATIONS IN THE FINANCIAL AND BUDGETARY SPHERE AND THE METHODOLOGY OF FINANCIAL CONTROL." Chronos 7, no. 2(64) (February 13, 2022): 47–51. http://dx.doi.org/10.52013/2658-7556-64-2-10.

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The purpose of this article is to research and study the practice of directing budget funds in Russia using public-private partnerships, monitoring their spending and identifying violations in the financial and budgetary sphere. Using the empirical method, methods of induction and deduction, the author collected, analyzed and systematized information on the practice of detecting violations by internal state financial control bodies and prosecutor’s offices when budget funds were the source of expenses and a form of public-private partnership with the conclusion of concession agreements was used. The result of the study is the identification of problematic issues and the development of proposals for the introduction of a public-private partnership mechanism in Russia in order to reduce the burden on the budget and increase investment attractiveness. The author came to the conclusion that in Russia it is necessary to expand the practice of applying concession agreements, and therefore it is necessary to minimize the risks of possible adverse events and the likelihood of deviation of the final results from the originally planned when signing and executing the agreement.
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28

Korzeniewska-Lasota, Anna. "The financial settlement with the USSR for the resettlement of the population as a result of the change in the eastern border of the Polish state." Kwartalnik Prawa Międzynarodowego II, no. II (June 30, 2023): 230–50. http://dx.doi.org/10.5604/01.3001.0053.6689.

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The financial settlement with the USSR for the resettlement of the population as a result of the change in the eastern border of the Polish state.The events of September 17, 1939, when the Red Army entered Polish territory, triggered a series of events that ultimately led to the reconfiguration of the countrys eastern border. The agreement on the Polish-Soviet state border, signed by the Polish Committee of National Liberation on July 27, 1944, adopted the so-called Curzon Line as the basis for delineating the border. Although the validity of the agreement was questionable, it became the starting point for the conclusion of the so-called Republican Agreements in 1944, which were agreements with the Soviet republics on evacuating the population, resulting in the resettlement of many people.The article presents the financial settlement process between Poland and the USSR for the resettlements that occurred due to the aforementioned agreements. It describes the negotiations that took place between the Polish and Soviet sides, as well as their culmination in the form of an agreement on July 21, 1952, which obligated Poland to pay a significant amount covering the costs of those repatriations.
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29

Robinson, Maxine F., Cathrine Mihalopoulos, Tracy Merlin, and Elizabeth Roughead. "CHARACTERISTICS OF MANAGED ENTRY AGREEMENTS IN AUSTRALIA." International Journal of Technology Assessment in Health Care 34, no. 1 (December 26, 2017): 46–55. http://dx.doi.org/10.1017/s0266462317001106.

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Objectives: Australia relies on managed entry agreements (MEAs) for many medicines added to the national Pharmaceutical Benefits Scheme (PBS). Previous studies of Australian MEAs examined public domain documents and were not able to provide a comprehensive assessment of the types and operation of MEAs. This study used government documents approved for release to examine the implementation and administration of MEAs implemented January 2012 to May 2016.Methods: We accessed documents for medicines with MEAs on the PBS between January 2012 and May 2016. Data were extracted on Anatomical Therapeutic Classification (ATC), type of MEA (financial, financial with outcomes, outcomes, and subcategories within each group), implementation and administration methods, source of MEA recommendation, and type of economic analysis.Results: Of all medication indication pairs (MIPs) recommended for listing, one-third had MEAs implemented. Our study of eighty-seven MIPs had 170 MEAs in place. The Government's expert health technology assessment (HTA) committee recommended MEAs for 90 percent of the eighty-seven MIPs. A total of 81 percent of MEAs were simple financial agreements: the majority either discounts (32 percent) or reimbursement caps (43 percent). Outcome-based MEAs were least common (5 percent). Ninety-two percent of MEAs were implemented and operated through legal agreements. Approximately half of the MIPs were listed on the basis of accepted claims of cost-minimization. Forty-nine percent of medicines were in ATC L group.Conclusion: Advice from HTA evaluations strongly influences the implementation of ways to manage uncertainties while providing access to medicines. The government relied primarily on simple financial agreements for the managed entry of medicines for which there were perceived risks.
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Fransen, C. M. "The EEC and the Mediterranean Area: Associations and Cooperation Agreements." Leiden Journal of International Law 5, no. 2 (October 1992): 215–43. http://dx.doi.org/10.1017/s092215650000248x.

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Article 238 EEC-Treaty lays down the external communal competence to conclude association agreements with a third state, a union of states or an international organisation. Before the proclamation ofthe ‘Global Mediterranean Policy’ in 1972, the Community entered in a variety of associations and trade agreements with most states bordering the Mediterranean.The agreements concluded after 1972 with the Maghreb, the Mashrak, Israel and Yugoslavia and supplemented with Turkey, Malta and Cyprus contain corresponding provisions regarding the objectives of the agreement, trade cooperation, economical, technical and financial cooperation and -if necessary- cooperation in the field of labour. They also lay down the competentions of the institutions called into existence by the agreements. From the negotiation to the implementation of the agreements, protocols and decisions, many formal and material juridical questions can be raised.
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Wołowiec, Tomasz. "LEGAL CONDITIONS FOR THE FINANCING OF LOCAL GOVERNMENT UNITS INVESTMENTS BY PARABANKING FINANCIAL INSTRUMENTS IN POLAND." International Journal of Legal Studies ( IJOLS ) 5, no. 1 (June 30, 2019): 467–502. http://dx.doi.org/10.5604/01.3001.0013.3252.

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The regulations on debt limits introduced in 2014 caused adapting by local government units two ways of proceeding. The first consists in "classic" adaptation to the provisions of the Public Finance Act, through the restructuring of budget expenditures and the devel-opment of a financial surplus, allowing for safe incurring of new obligations and possible servicing of "old" debt. The second way is what can be called the form of the "Creative accounting", involving the use of non-bank financial institutions (quasi-banks) or the use of financial operations other than bank loans and municipal bond issues. These are lease-back agreements, reverse sale of real estate, as well as unnamed agreements causing debt restructuring (e.g. subrogation, forfeiting or factoring), installment payments, as well as subsidies to the capital of municipal companies.
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32

Onyshko, S. V., and D. O. Savenko. "A Theoretical Conceptualization of Institutional Provision of the Financial Market." Business Inform 9, no. 512 (2020): 219–28. http://dx.doi.org/10.32983/2222-4459-2020-9-219-228.

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The article is concerned with the problems of formation and development of institutional provision of the financial market. The relevance of the problem is caused by the relationship of formal and informal norms of economic processes and phenomena, the understanding of which provides the key to achieving the effectiveness of the financial market development. Understanding the essence of institutional provision of the financial market and the factors of its formation and development makes it possible to make more informed and effective decisions in the sphere of financial market development. The article is aimed at substantiating the conceptual approaches to the structuring of institutional provision of the financial market. It is substantiated that institutional provision of the financial market includes both formal and informal institutions. The formal institutions, in turn, consist of institutions-organizations and institutions-norms. The factors of occurrence of institutional deformations in the financial market are systematized. The institutions of the financial market are structured, in particular, in the composition of the institutions-norms the authors allocate the formal (international legal framework for concluding and implementing agreements in financial markets, national regulatory framework for concluding and implementing agreements in financial markets, norms of related national and international law, ensuring the conclusion and implementation of agreements in financial markets) and the informal norms (norms stipulated by religion, informal agreements and conspiracies between the financial market participants, unofficial (shadow) markets for the conclusion and implementation of financial agreements). In the composition of institutions-organizations the authors allocate the institutions-buyers of financial resources; institutions – sellers of financial resources; institutions that serve the functioning of institutions-sellers and institutions – buyers of financial resources; institutions-regulators. The institutional provision of the financial market is structured and the relationship between institutions-norms, institutions-rules and the State is defined. The principles of institutional provision of the financial market are substantiated and its functions are defined.
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33

Sand, Peter H. "Carrots without Sticks? New Financial Mechanisms for Global Environmental Agreements*." Max Planck Yearbook of United Nations Law Online 3, no. 1 (1999): 363–88. http://dx.doi.org/10.1163/187574199x00090.

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34

Lam, Terence, and Keith Gale. "Highway maintenance: impact of framework agreements upon project financial performance." Construction Management and Economics 32, no. 5 (April 8, 2014): 460–72. http://dx.doi.org/10.1080/01446193.2014.892628.

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35

Ambec, Stefan, and Nicolas Treich. "Roscas as financial agreements to cope with self-control problems." Journal of Development Economics 82, no. 1 (January 2007): 120–37. http://dx.doi.org/10.1016/j.jdeveco.2005.09.005.

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36

Andropova, T. V. "Features of inheritance under trust management agreements of financial assets." Нотариальный вестник, no. 10 (2022): 14–20. http://dx.doi.org/10.53578/1819-6624_2022_10_14.

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37

Lepekh, S. M. "The legal nature of agreements on providing consumer financial services." Прикарпатський юридичний вісник, no. 4 (2022): 56–60. http://dx.doi.org/10.32782/pyuv.v4.2022.10.

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Setiadi, Atep. "Implementation of the Concept of Al-'Uqûd Al-Murakkabah on Sharia Financial Institutions." Journal of Economicate Studies 1, no. 1 (June 22, 2017): 31–44. http://dx.doi.org/10.32506/joes.v1i1.6.

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This paper is intended to analyze philosophically about the existence of al-'Uqûd al-Murakkabah. This paper focuses its assessment on the opinions of scholars of hadith and fiqh (muamalah), as well as its application in Sharia Financial Institutions. This assessment is important because transactions in the form of a single contract are incapable of responding to the development of contemporary financial transactions that are always in motion and are influenced by the financial industry both nationally, regionally and internationally. Using qualitative methods and literature studies in this study it can be concluded that, first, fiqh muamalah contemporary in hadith traditions related to hybrid contract model there is a ban of two contracts in one transaction (bai'ataini fi bai'atin), ban two agreements in one The agreement (shafqa taini fi shafqatin) and the prohibition of the sale and purchase agreements and the ordering of goods (bay 'and salaf); second, the use of hybrid contracts at the Sharia Financial Institution is directed to the manufacture of al' Uqud al-Mutaqâbilah (Dependent or Conditional Contract).
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Yamko, Pavel. "Efficiency of Free Trade Areas and Regional Trade Agreements as Mechanisms of Overcoming Financial Crisis." JOURNAL OF INTERNATIONAL STUDIES 2, no. 1 (May 20, 2009): 146–53. http://dx.doi.org/10.14254/2071-8330.2008/2-1/17.

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40

Freeman-Robinson, Maxine, Cathrine Mihalopoulos, Tracy Merlin, and Elizabeth Roughead. "OP16 Decision Criteria That Influence Managed Entry Agreements." International Journal of Technology Assessment in Health Care 34, S1 (2018): 7–8. http://dx.doi.org/10.1017/s0266462318000818.

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Introduction:Managed Entry Agreements (MEAs) enable payers to subsidize access to new medicines while addressing uncertainties. Uncertainties may relate to the criteria for decision-making articulated in decision-making frameworks. The study's aim was to determine if there was any association between the type of MEA and criteria considered during decision-making.Methods:All medicines with MEAs listed on the Australian national subsidy scheme between 2012-2016 were identified. Data were extracted on the types of MEA and information related to the criteria considered in decision-making for each medicine and its associated indication (i.e. a medicine-indication pair [MIP]). The criteria considered in decision-making included the comparator (therapy to which it was compared), type of economic analysis, accepted value, budget impact, financial cost of supply, cost of therapy per patient, access control (such as restrictions or prior authorization), and clinical need. Associations between types of MEA and the criteria were assessed using Chi Squared test.Results:There were 87 MIPs, of which 56 had only financial MEAs and 31 had performance-based MEAs. Coverage with evidence development MEAs had very high incremental cost-effectiveness ratio (ICER)/quality adjusted life year (QALY) (74 percent > AUD 50,000 [USD 37,822]). Financial MEAs where performance measures were linked to reimbursement had lower ICER/QALY (13 percent > AUD 50,000 [USD 37,822]) but greater budget impact (33% > AUD 80million [USD 60.5million]) compared to simple financial MEAs. A statistically significant association (Cramer's V = 0.5, p < 0.001) was only found between performance-based MEAs and the cost of unsubsidized therapy per patient.Conclusions:The main influence on the choice of performance based MEA was the provision of access to clinically important medicines with a high treatment cost for patients.
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TYUTYUKINA, Elena B., and Tat'yana N. SEDASH. "Implementation of investment projects under investment protection and promotion agreements: Financial issues." Finance and Credit 28, no. 10 (October 27, 2022): 2225–48. http://dx.doi.org/10.24891/fc.28.10.2225.

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Subject. The article addresses financial relations arising from the implementation of Federal Law On Protection and Promotion of Investments in the Russian Federation (FZ-69), as amended. Objectives. The purpose is to identify subjects and objects of financial relations, as well as financial instruments affecting the feasibility of proposed measures of State support to investors during implementation of Investment Protection and Promotion Agreement (IPPA). Methods. We employed general scientific methods of cognition (analysis, generalization, description) and the systems approach to unveil financial and economic relationships between all participants in the process, i.e. Project Implementation Unit (PIU), its counterparties, Public Law Entity (PLE), regulated organizations, and other entities. Results. We determined subjects and objects of financial relationships arising from the IPPA implementation, systematized financial instruments and considered the specifics of their application during the IPPA implementation, identified financial effects from using a stabilization clause and legislation on taxes and fees, examined the impact of amendments to the said law. Conclusions. The findings can be used by subjects of financial relations (in particular, the PIU, creditors, regulated organizations, the PLE) to justify the IPPA feasibility. The proposed recommendations (on discounting the reimbursable costs for creation of related infrastructure facilities, on real damage caused to PIU and losses of PLE, etc.) can be taken into account when making subsequent changes to the current legislation on investment protection and promotion.
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Aschari-Lincoln, Jessica, and Claus D. Jacobs. "Enabling Effective Social Impact: Towards a Model for Impact Scaling Agreements." Sustainability 10, no. 12 (December 7, 2018): 4669. http://dx.doi.org/10.3390/su10124669.

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Scaling is a critical organizational phase for social organizations: their upfront financial needs increase dramatically. This paper responds—on the basis of initial research on capacity, up-, and deep scaling strategies—to the need for integrated knowledge on financing processes within the context of social organizations’ impact scaling phase. An exploration of a market leader’s processes uncovered both strengths and struggles, which in turn enabled new levels of understanding related to the research question, “How can impact scaling agreements enable effective social impact?” The fact that the financial provider examined in this empirical study lacked alignment in its scaling approach, goals, and reporting processes over time hampered its effectiveness and sustainability. The findings from this qualitative inter-temporal content analysis enable the development of a model for impact scaling agreements. This shows ongoing flows between the provider and recipient of financial and nonfinancial resources and impact information, as well as decision-making and reporting processes. The outcome of researching the question “how can impact scaling agreements enable effective social impact?” was the identification of three success enhancers for effective social impact scaling agreements to enable social impact: (1) Financial provider alignment pre- and per-engagement in terms of expectations with regard to scaling approach and goals; (2) Scaling approach coherence in terms of understanding and acting upon the inter-relatedness and, in fact, mutual dependency between capacity, up-, and deep scaling; (3) Impact reporting alignment of the target group with the financial recipient and the financial provider. This research makes a twofold contribution to the literature. First, the pivotal role of internal alignment between mission, strategy, reporting, and decision-making processes is explored; second, the three scaling strategies of capacity, up-, and deep scaling are established as interrelated dimensions of the same phenomenon.
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Kica, Piotr. "Tax and Balance Sheet Valuation of Sale and Leaseback in the Books of Lessee. Case Study." Studia i Materiały Wydziału Zarządzania UW 2023, no. 1(38) (July 2023): 30–38. http://dx.doi.org/10.7172/1733-9758.2023.38.3.

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Purpose: The aim of this academic article is to analyze and evaluate the tax and balance sheet valuation of sale-and-leaseback agreements for lessees, based on a case study. Sale and leaseback, being one of the financing methods, allows companies to increase their financial liquidity and optimize asset management. The subject of the study is the impact of this method on the tax situation and balance sheet of the company. Design/methodology/approach: In the article, a detailed description of sale-and-leaseback agreements, their advantages, and legal and economic consequences is presented. The research is based on a case study of a real company that decided to implement a sale-and-leaseback agreement in order to improve its financial situation. Findings: As a result of the research, the author identifies key aspects related to the tax and balance sheet valuation of sale-and-leaseback agreements and presents practical recommendations for entrepreneurs. Through the analysis, the author demonstrates that sale and leaseback has an impact on the financial performance of a company as well as its tax burden. It is also shown that proper preparation and implementation of a lease agreement can lead to favorable tax and balance sheet effects, which translates into increased competitiveness of the company in the market. Moreover, the study results indicate the need to consider the specifics of sale and leaseback when developing a company’s financial strategy and maintaining accounting records. Research limitations/implications: The results are based on the analysis of a single company, which may limit their overall representativeness. As a result, the conclusions may not be fully transferable to other organizations, especially those with different structures, sizes, or industries. Originality/value: The value of the study lies in combining theoretical knowledge with economic practice, which translates into useful recommendations for entrepreneurs and financial advisors. The obtained results allow for a better understanding of sale and leaseback as a financial tool and its impact on the competitiveness of companies. Moreover, the study highlights the importance of proper preparation and implementation of lease agreements and points to possibilities for optimizing tax and balance sheet management in the context of sale and leaseback. The article makes an original contribution to the literature by exploring the practical implications of sale and leaseback for lessees and developing an understanding of the associated tax and balance sheet consequences, serving as a valuable reference point for future research in this area.
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Wijaya, Hendrik, and Herwastoeti Herwastoeti. "Criminal & Civil Liability Related to Misuse of Illegal Fintech Customer Data During The Covid-19 Pandemic." Audito Comparative Law Journal (ACLJ) 3, no. 1 (January 31, 2022): 1–9. http://dx.doi.org/10.22219/aclj.v3i1.19873.

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The covid-19 outbreak that swept across the world has caused a crisis in the economic sector, where physical distancing policies affect the world of trade and tourism. The bankruptcy of companies, hotels, and small and medium-sized micro-enterprises resulted in massive job cuts. Therefore, many people lose their livelihoods and borrow money to meet their daily needs. Financial technology is an advancement of the times in the industrial era 4.0, as a form of convenience in financial services of tempted communities and applying for loans to financial technology. However, instead of getting a financial solution, what happens is the opposite. Where the public is even entangled in the existence of illegal financial technology and there is a misuse of their personal data. It is true that there is an agreement that allows the debtor to access the personal data of the creditor, but whether with it immediately the debtor can misuse the customer's personal data. Therefore, in this study, the author is interested in reviewing how criminal and civil liability related to the emergence of illegal financial technology agreements during the Covid-19 pandemic. The research methods used are normative juridical with statute approach and comparative approach, as well as qualitatively described legal material analysis. The result obtained is, illegal fintech e-agreements do not meet the subjective and objective requirements of the agreement and are related to the misuse of customer data, which can be held criminally accountable are fintech law bodies and debt collectors.
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45

Vaitsekhovska, O., and O. Chepel. "The role of international courts’ decisions in the system of sources of international financial law." Problems of Legality, no. 155 (December 20, 2021): 254–72. http://dx.doi.org/10.21564/2414-990x.155.238447.

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The paper deals with the analysis of the legal nature of international courts’ decisions and their impact on the international financial legal order. The author claims that decisions of international courts, creating no new international legal financial norms, act as an additional source of international financial law, having no autonomy, and in combination with other sources of international law, performs the following functions: 1) regulatory-prescriptive (via opinio juris of existing traditions in interstate practice in the financial sphere transforming them into international customary law); 2) regulatory-affirming (confirming the legal nature of the international agreement between the subjects of international financial legal relations which caused a disputable situation). The judicial practice on financial issues and specificity of functioning of such judicial institutions as the Permanent Court of International Justice, the International Court of Justice, the CIS Economic Court, the Court of Justice of the European Union, the Court of Justice of the Central African Economic and Monetary Community, etc. are examined. The features of the provisions of international agreements on financial issues regarding the procedure for resolving disputes between the parties of the agreement about its implementation are analyzed. The paper explores particularities of the origin and development of the idea of the creation of an international financial court. Amid modern processes of the rapid growth of the amount of cross-border financial flows in the context of globalization, which is the consequence of the implementation of numerous international financial agreements, the idea of creation of an international financial court, which was first suggested in 1935, due to the complexity of legal nature of interstate financial disputes, is an objective necessity. The following features intrinsic to decisions of international courts (including decisions on financial issues) have been identified: 1) locality (binding only on the parties involved in the case, and only in the current case); 2) situatedness and unprompted appearance; 3) impartiality (due to the judges’ lack of political interest); 4) authority (international courts include generally recognized experts in international law).
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46

Haggstrom, David, Malaz Boustani, Jose Maroun Azar, Andrew Greenspan, Holly Goe, and Larry Dean Cripe. "Oncology comanagement agreements (CMA) and quality improvement." Journal of Clinical Oncology 32, no. 30_suppl (October 20, 2014): 55. http://dx.doi.org/10.1200/jco.2014.32.30_suppl.55.

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55 Background: At Indiana University Health, an integrated health care delivery system, an Oncology CMA was implemented in 2013 to provide a framework for engagement between administrators and physicians to improve the value of oncology care. Methods: A collaborative process was used to establish shared goals, measures for performance, and set target goals. For efficiency goals, a system redesign approach was taken. Project teams were organized to develop and implement strategies to achieve goals. Experts in implementation science consulted with individual project teams. Financial incentives were distributed across projects. Final performance measures were assessed across the oncology service line. Results: See Table. Conclusions: Overall, the Oncology CMA positively affected the value of care provided by medical oncologists. The level of physician engagement was variable, although clinical and financial benefits accrued to all members of the practice. Based upon the positive contribution of implementation scientists the CMA in 2014 was modified to create greater support for the design, implementation, and assessment of project goals and plans, It is anticipated that future years will include an institutionalized core of implementation scientists and a steering committee to oversee an ongoing discussion of goals and resource allocation. [Table: see text]
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47

Harust, Y. V., V. I. Melnyk, V. V. Mirgorod-Karpova, B. O. Pavlenko, Yu M. Kiiashko, and D. V. Maletov. "Analysis of official data on the implementation of international technical assistance projects and their effectiveness in Ukraine since 1991." Legal horizons, no. 25 (2020): 121–30. http://dx.doi.org/10.21272/legalhorizons.2020.i25.p121.

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Since 1991, Ukraine has become a direct recipient of international financial assistance (ITA) in the form of grants, soft loans, investments, international technical assistance, etc. According to the latest data of the Cabinet of Ministers of Ukraine, the volume of international assistance to Ukraine during the years of independence amounts to 44 billion dollars and more than 15.6 billion euros. However, no Ukrainian agency provides generalized data on which channels, in which periods and how much international assistance was transferred to Ukraine. And there are no concrete results of using such assistance in Ukraine. This article analyzes the results of the effectiveness of the use of international technical assistance in Ukraine. The purpose of the analysis: assessment of administration, involvement, accounting, transparency, efficiency of use, organizational support of the use process, implementation of state control and further consequences for Ukraine from the received international technical assistance for the period 1991 - 2020. Subject of analysis: agreements on the provision of international technical assistance; reports on the implementation of agreements by the participants in the implementation of the agreement on ITD in Ukraine (donor, beneficiary, recipient, executor) during 1991-2020; information from any sources on the implementation of ITD projects; data from the unified register of projects implemented in Ukraine using the resources of international financial organizations and international technical assistance; available results of monitoring (current and final) implementation of international technical assistance agreements on projects implemented on the territory of Ukraine. Objects of analysis: Ministries and other state institutions and agencies of Ukraine, which are beneficiaries, recipients or executors of the agreement on attracting international technical assistance in our country in the period 1991-2020. Criteria used during the analysis: achievement by public authorities of the results of the obtained ITD results of social, economic, technical nature, etc., in accordance with the planned objectives specified in the application for international technical assistance; availability of reporting for the phased or overall implementation of the agreement on international technical assistance by project participants: donor, beneficiary, recipient, executor; mechanisms for monitoring the implementation of international technical assistance agreements on projects implemented on the territory of Ukraine by public authorities; methods of state, public or other control over the implementation of international technical assistance projects in our country by law enforcement, regulatory, other government agencies and the public; identified abuses during the implementation of ITD projects in Ukraine; further social effect from the implementation of the international technical assistance project in Ukraine; Methods of data collection: analysis of existing in the register of implemented agreements on the provision of international technical assistance in Ukraine during 1991-2020; analysis of reports on the implementation of agreements by the participants in the implementation of the ITD agreement in Ukraine (donor, beneficiary, recipient, executor) during 1991-2020; analysis of indicators of publicly available financial, budgetary and statistical reporting of public authorities and local governments as participants in the implementation of the ITD agreement in Ukraine (beneficiary, recipient, executor) during 1991- 2020; analysis of data from the resources of international financial organizations donors of international technical assistance projects; analysis of the available results of monitoring (current and final) implementation of international technical assistance agreements on projects implemented on the territory of Ukraine; analysis of information from any available information sources on the implementation of ITD projects in Ukraine during 1991-2020.
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48

Kayani, Farrukh Nawaz. "China’s Mushrooming Free Trade Agreements: New Zealand and China’s Upgraded Free Trade Agreement." WSEAS TRANSACTIONS ON BUSINESS AND ECONOMICS 18 (May 21, 2021): 884–93. http://dx.doi.org/10.37394/23207.2021.18.84.

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FTAs have mushroomed and proliferated at very fast pace in East Asia, especially after the Asian Financial Crisis (AFC) of 1997. The East Asian economies were very disappointed with the International Monetary Fund’s handling of the crisis. In particular, it provided some countries, like Thailand and Indonesia, with poor advice. After the AFC, countries like China, Japan, and South Korea signed FTAs with different countries around the world. The first East Asian FTA talks took place between Japan and South Korea in 1998. Like its neighbors, China also pursued FTAs with neighboring countries. The FTA between China and New Zealand was signed on the 7th of April 2008 and was implemented on the 1st of October 2008. As a result of this FTA, China has become New Zealand’s largest trading partner; New Zealand’s exports to China have quadrupled. As of June 2020, the trade between China and New Zealand exceeded NZ$32 Billion. China and New Zealand signed an upgraded FTA on the 26th of January 2021. The upgraded FTA includes rules relating to e-commerce, competition policy, government procurement, and environment and trade issues. The bilateral trade between China and New Zealand is complimentary rather than competitive; while China mainly exports manufactured products to New Zealand, New Zealand primarily exports agricultural products.
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Budiharto, Budiharto, Sartika Nanda Lestari, and Gusto Hartanto. "THE LEGAL PROTECTION OF LENDERS IN PEER TO PEER LENDING SYSTEM." LAW REFORM 15, no. 2 (September 30, 2019): 275–89. http://dx.doi.org/10.14710/lr.v15i2.26186.

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Financial technology based on Peer to Peer Lending is one of the new breakthroughs in financial services institutions in Indonesia. The peer to peer lending platforms are essentially online markets that match the supply and demand of funds as one of the alternative financing mechanisms for individual or business. But there is still few of regulation regarding peer to peer lending. We address two questions by theoretical legal research by examining secondary data through literature studies. First, the mechanism of credit agreements with a peer to peer lending; second, analyze lender’s legal protection in credit agreements in peer to peer lending. Based on the the research, we found that the mechanism of lending through a peer to peer lending credit agreement is in line with Financial Services Authority (Otoritas Jasa Keuangan - OJK) Regulation No. 77/POJK.01/2016 concerning Information Technology-Based Lending and Borrowing Services. Futhermore, the protection of legal lenders peer to peer lending from the aspect of law public has been sufficient but in private law, OJK has not been able to provide maximum protection.
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Savrukov, A. N., N. T. Savrukov, and E. A. Kozlovskaya. "A financial mechanism to develop transport infrastructure based on concession agreements." Finance and Credit 25, no. 10 (October 30, 2019): 2402–13. http://dx.doi.org/10.24891/fc.25.10.2402.

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