Journal articles on the topic 'Security financial collateral arrangements'
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Bidabad, Bijan. "Mortgage Securitization System (MSS) (a complementary system of Rastin Banking)." International Journal of Law and Management 59, no. 6 (November 13, 2017): 778–83. http://dx.doi.org/10.1108/ijlma-05-2016-0045.
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Purpose This paper aims to define a new system to facilitate obtaining reliable collaterals and guarantees for financial activities from tangible assets through a new financial instrument of “guarantee certificates”. Design/methodology/approach This system makes it possible to securitize movable/immovable assets into negotiable paper lots, namely, “guarantee certificates”. Each lot of these certificates can be used as a guarantee or collateral for any guarantee-backed activity in banks or other activities. Findings The mortgage securitization system (MSS) securitizes tangible assets and provides necessary collaterals and guarantees to be used for different purposes. The operations are carried out through notary offices. This system, as a complementary system of the Rastin Banking system, can also be executed separately. Research limitations/implications The system is novel and needs to be more elaborated for further practical development and adjustment. Although this paper deals with only securitization of tangible assets, research can also be extended to securitization of intangible assets, through new institutions and rules. Practical implications Many properties and assets can be used as guarantees for observing obligations. The available ways for changing (especially large) properties into small guarantees are not easy and efficient. The MSS was designed to break large assets into many guarantee (certificate) lots and reduce the formalities of mortgaging and its transfer. Social implications This system provides reliance and security upon collaterals and conditions for fast claim-clearing and low formalities without time-consuming adjudication processes. Originality/value Complementary systems in Rastin Banking have been designed to solve prevailing problems of banking and financial activities. The MSS was designed to provide necessary arrangements for transforming assets into negotiable papers.
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Bidabad, Bijan, and Mahmoud Allahyarifard. "Interbank Withdrawal Protocol (IWP): A Complementary System of Rastin Banking." International Journal of Islamic Business & Management 3, no. 1 (May 22, 2019): 30–34. http://dx.doi.org/10.46281/ijibm.v3i1.259.
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Purpose: This paper aims to define a new protocol, whereby brings the required preparations for the bank to collect its claim or its customer’s claim through withdrawal from the debtor’s account in other banks and financial institutions that have signed the protocol.
Design: According to this protocol and under central bank supervision, the bank (as owner or attorney of the third party) as claimer of check, promissory note, bill, or a debt initiated by customer's commitment based on collaterals or guarantees, withdraws the claim from the debtor’s accounts in other banks and financial institutions that are members of the protocol through Automatic Clearing House (ACH).
Findings: Despite taking collaterals, guarantees, and binding of contracts, executive debt collection process through the legal proceedings is a major challenge that banks, financial institutions, and persons are facing. The legal and execution process of debt collection through collaterals and guarantees are complicated, lengthy, and costly. Interbank Withdrawal Protocol (IWP) solves the problem by proposing a protocol to be accepted by banks to permit withdrawal of the account of the debtor in other banks.
Practical implications: It is seen much that a person owes a lot to a person or bank, but s/he deposits her/his money at her/his accounts in other banks. The Interbank Withdrawal Protocol (IWP) is an agreement between banks which permits the bank to collect the debt through online-withdraw from the accounts of the debtor at other banks after depleting the account of the debtor at the agent bank.
Social implications: This protocol increases reliance and security upon commitments and provides fast settlement and debt collection without time-consuming judicial process. It also reduces judicial proceedings and execution of active files in courts and consequently related costs.
Originality/value: Complementary systems in Rastin Banking have been designed to solve the prevailing problems of banking and financial activities. IWP was designed to provide necessary arrangements for fast, clean debt collection and encashing check and collecting the bill.
JEL: L86, L87, G21, G24
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Kim, Jewan. "Chonse, a real property lease transaction unique to South Korea." Pravovedenie 66, no. 3 (2022): 276–89. http://dx.doi.org/10.21638/spbu25.2022.303.
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This article is a tentative analysis of Korean real property lease transaction system, chonse, a lease with a large sum of the key money deposit and without monthly rent payments. Chonse is the dominant form of lease arrangement used by most middle-class families in Korea without ownership of real property for both principal residences and commercial business places. The author analyzes this unique institution of real estate lease exclusive to South Korea and describes main features and details of it as well as related legal systems. Chonse also has the character of a lending system for the real property owners, where the landlord has the same position of borrowing the money from the tenant and the lending term is the same as the lease period. The tenant as a creditor has the leased property at his/her possession for the term and the tenant has the legal interest not only of a usufructuary right but also of a security right of pledge or collateral. After a brief review of the legal characteristics and roles of chonse in the modern period of development of South Korea, the author critiques the changing role of the chonse system in the modern South Korean society. Continuous economic development, reform of the financial system, globalized lifestyle and home living, and most of all its shrinking and aging population as well as low interest rates and the flourishing of long-term mortgages are all circumstances that need to be taken into account in assessing the implications of the changes taking place with regard to chonse.
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Choi, Gongpil. "Toward a Central Bank Collateral Framework for ABMI." Journal of Asian Research 5, no. 2 (June 6, 2021): p23. http://dx.doi.org/10.22158/jar.v5n2p23.
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The post-global financial crisis highlighted the importance of engaging in collateralized securities financing to meet the ever-increasing market needs for liquidity and risk management. Given the heavy reliance on volatile Eurodollar system and the fragmented governance and limited cross-border usability of the collateral among ASEAN+3 countries, it is important to relax prevailing constraints on collateral and mobilize cross-border transactions. To address the imperatives for securing collateral-based cross-border financial markets in the region, Asia needs the initiatives of central banks to develop a regional collateral framework for better financial plumbing. By collaborating on common grounds for cross-border collateral utilization, some of the prevailing constraints on collateral use can be relaxed. The inclusive collateral framework that incorporates CBCA (Central Bank Collateral Arrangement) would provide strong initial market support for the ABMI, thus help achieve sustainable financial stability.
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Patrick, Hamish. "The Financial Collateral Arrangements Regulations: some Scottish issues." Law and Financial Markets Review 3, no. 6 (November 2009): 532–33. http://dx.doi.org/10.1080/17521440.2009.11428087.
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Ezike, Obiora. "Identifying a system-neutral meaning of a title transfer financial collateral arrangement in the Financial Collateral Directive." Uniform Law Review 26, no. 3 (August 1, 2021): 554–82. http://dx.doi.org/10.1093/ulr/unab023.
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Abstract European Union (EU) directives adopt a functional method. This implies that they are drafted on the assumptions that implementing laws are functionally equivalent and, crucially, that the concepts they contain are system neutral without doctrinal commitment. This article primarily tests these assumptions by exploring the definition of title transfer financial collateral arrangements (TTFCA) in the Financial Collateral Directive. It is argued that the Directive offers a stable meaning of a TTFCA that can be identified in most systems, although, in some cases, there are slight conceptual tensions that require a more contextual, rather than a functional, perspective.
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Bridge, Michael. "Security financial collateral transfers and prime broker insolvency." Law and Financial Markets Review 4, no. 2 (March 2010): 189–93. http://dx.doi.org/10.1080/17521440.2010.11428111.
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Bilous, Kostiantyn. "Collateral security portfolio as an object of financial management." Scientific Bulletin of the Odessa National Economic University 1-2, no. 278-279 (2021): 19–23. http://dx.doi.org/10.32680/2409-9260-2021-1-2-278-279-19-23.
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Pahl, Jan. "Personal Taxation, Social Security and Financial Arrangements within Marriage." Journal of Law and Society 13, no. 2 (1986): 241. http://dx.doi.org/10.2307/1410283.
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Maiangwa, MG. "Loan collaterals and collateral substitutes in rural finance: a review." Journal of Agriculture, Forestry and the Social Sciences 11, no. 2 (February 17, 2015): 36–56. http://dx.doi.org/10.4314/joafss.v11i2.4.
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Poor farm households and other microentrepreneurs have difficulties in obtaining loans from banks and other financial institutions because they are unable to provide securities or collaterals for the loans. Collaterals on loans reduce uncertainty and moral hazard problems for creditors. They also serve as a measure of the seriousness of the borrower. The limited availability of conventional collaterals in rural financial markets has led to the acceptance of non-traditional methods of loan security referred to as collateral substitutes. This paper reviews loan collaterals and collateral substitutes in the rural financial markets of developing countries.Keywords:: Collaterals, collateral substitutes, rural finance.
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Munguti, Muema Joseph, and Lucy Wamugo. "Microfinance Credit Accessibility and Financial Performance of Small and Medium Enterprises in Machakos County, Kenya." Integrated Journal of Business and Economics 4, no. 1 (January 18, 2020): 71. http://dx.doi.org/10.33019/ijbe.v4i1.250.
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SMEs in Machakos County have been characterized by poor financial performance which has been linked to financial access. Financial access is one of the keys that drive the development of SME in the country, particularly access to bank financing since banking sector plays a key role in serving this segment. This study specifically sought to determine the influence of collateral security, loan-income ratio and geographical branch penetration on financial performance of SMEs. Study adopted census survey due to small population size. Respondents were supplied with semi-structured questionnaires with aim of getting their views regarding financial accessibility and SME performance. Findings of the study indicated that collateral security, loan-income ratio, and geographical branch penetration has a significant positive effect on financial performance in Machakos County, Kenya. This research recommends that SME’s should improve their core capital, strengthen their financial management practices, foster financial innovation, and literacy within firms.
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Marino, Roberta. "Italy’s Implementation of Directive 2002/47/CE on Financial Collateral Arrangements: An Overview." European Business Law Review 16, Issue 5 (October 1, 2005): 1153–79. http://dx.doi.org/10.54648/eulr2005054.
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Graziadei, M. "Financial Collateral Arrangements : Directive 2002/47/EC and the Many Faces of Reasonableness." Uniform Law Review - Revue de droit uniforme 17, no. 3 (August 1, 2012): 497–506. http://dx.doi.org/10.1093/ulr/17.3.497.
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Keijser, Thomas. "Financial collateral arrangements in the European Union: current state and the way forward." Uniform Law Review 22, no. 1 (March 2017): 258–300. http://dx.doi.org/10.1093/ulr/unw056.
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Schoukens, Paul, and Greta Gorissen. "Internal coordination of social security in federal Belgium." European Journal of Social Security 21, no. 2 (May 31, 2019): 100–118. http://dx.doi.org/10.1177/1388262719845315.
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This article depicts the internal coordination of social security schemes, covered by EU Regulation no. 883/2004 in the federal state of Belgium. Since the first state reform in 1970, Belgium gradually evolved from a unitary into a federal state. Next to the federal level, there are two additional levels, the Communities and the Regions. Family allowances and long-term care insurance are, for instance, within the competence of the Communities. The article outlines the extent of federalism and decentralisation, the adjudication of competence between the federated entities and the financial arrangements between the federal state and the federated entities as well as the financial arrangements between the federated entities.
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Steffenoni, Rocco. "Reducing legal risk within the financial sector: the European approach on financial collateral arrangements and its limits." Law and Financial Markets Review 10, no. 2 (April 2, 2016): 102–10. http://dx.doi.org/10.1080/17521440.2016.1213553.
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Khaliq, Abubakar, Muhammad Saif Ul Islam, Muhammad Akram, Aamir Hussain, and Muhammad Usman. "Factors Affecting Small and Medium-Sized Enterprises’ Accessibility to Institutional Finance in Pakistan: Moderating Role of Government Support." South Asian Journal of Management Sciences 16, no. 1 (2022): 102–15. http://dx.doi.org/10.21621/sajms.2022161.06.
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The study aims to explore the factors influencing the accessibility of small and medium-sized enterprises to institutional finance and moderating role of government supports in the relationship between collateral security, interest rates, financial information, business ownership, and accessibility to finance facilities in Pakistan. The moderation multiple regression analysis was applied for analysis using SMART PLS3.0 software. A fully structured questionnaire is used for gathering data or information from the respondents. The results showed that all the variables are directly and significantly influencing access to finance except interest rates, but interest rates indirectly affect the dependent. The government support does moderate in the interaction between collateral security, interest rate, and financial accessibility. On the other hand, the variable doesn't quite moderate the interaction between financial information, business ownership, and financial accessibility in Pakistan. This research aimed at making access to finance services essentially helpful to the SME industry by knowing what impacts their financial accessibility and helping lending institutions in understanding what effectively prevents the SME industry from accessing finance-related services in Pakistan.
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Majinge, Charles Riziki. "Regional Arrangements and the Maintenance of International Peace and Security: The Role of the African Union Peace and Security Council." Canadian Yearbook of international Law/Annuaire canadien de droit international 48 (2011): 97–149. http://dx.doi.org/10.1017/s0069005800010092.
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SummaryThis article examines the role of regional arrangements under the Charter of the United Nations (UN Charter) in the maintenance of international peace and security. The African Union Peace and Security Council (AU PSC), the organ within the AU charged with addressing threats to international peace and security on the African continent, is used as a case study. The author contends that the major challenges facing regional arrangements in exercising mandates under Article 53 of the UN Charter of the United Nations have more to do with inadequate financial and logistical resources than the nature of those mandates. Taking the AU’s role in Somalia, Sudan, and other African countries as examples, the article demonstrates that the AU PSC has failed to achieve its objective of maintaining peace and security precisely because the United Nations (UN) Security Council — a more powerful and better resourced organ — has failed to live up to its responsibility of extending the assistance necessary to enable the AU PSC to perform its functions. Consequently, the author concludes that the UN Security Council, when delegating powers to regional arrangements to maintain international peace and security, should provide adequate resources to such regional arrangements, especially those that will otherwise have minimal or no capacity to fulfil their mandate effectively.
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Bhat, Shabir A., and Riyaz Ahmad Khan. "Entrepreneurship Development in Micro and Small Enterprises (MSEs) Sector: An assessment of Financial Support Ecosystem." Case Studies in Business and Management 1, no. 1 (March 13, 2014): 23. http://dx.doi.org/10.5296/csbm.v1i1.5151.
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Financial support ecosystem means the availability and access of financial resources to Micro and Small Enterprises Sector and generally includes financial support in terms of consultation support services, government funding support, sufficient government subsidies available for new and growing enterprises, venture capital fund support, adequate financial support schemes available, social investment and other financing resources. Financial Support forms an important contextual environment factor for the establishment, growth and sustenance of the enterprises in Micro and Small Enterprises Sector. Absence of a positive financial support ecosystem has been reported as one of the major constraints for the overall entrepreneurship development in the MSEs Sector throughout the world economies. The present study aims to assess the existing financial support ecosystem for the Micro and Small Enterprises Sector in the state of Jammu and Kashmir against the parameters of sufficient supply of capital / funding, adequate number of financial support schemes, collateral security a big problem for MSEs in availing the finance and access to finance cumbersome due to complex procedures and formalities. And on the basis of the findings suggest measures to improve the financial support ecosystem for the robust entrepreneurship development in Micro and Small Enterprises Sector in the State. Findings indicate that to the extent that the collateral security and procedural hiccups were streamlined and more supply of funds made available, there will be remarkable entrepreneurship development in the MSEs Sector of the State.
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Тищенко, Александр Александрович. "Monitoring the Security Strategy in the Russian Banking Sector." ЖУРНАЛ ПРАВОВЫХ И ЭКОНОМИЧЕСКИХ ИССЛЕДОВАНИЙ, no. 4 (December 15, 2020): 232–40. http://dx.doi.org/10.26163/gief.2020.83.67.034.
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Базируясь на данных официальной отчетности банков, автором представлен обзор состояния банковского сектора России с позиции соблюдения уровня обеспеченности посредством определения обеспечительной стратегии сектора и его отдельных субъектов. Выявлены проблемы в области качества предоставляемых данных о структуре и свойствах залогового портфеля в рамках официальной формы отчетности. В результате определено, что мониторинг уровня обеспеченности и качества залогового портфеля существенно ограничен недостатком необходимых данных. Сделан вывод о том, что банковскому сектору необходимо внедрение технологических инноваций с целью контроля за соблюдением уровня обеспеченности и управления залоговым портфелем. В качестве решения выявленных проблем автором предложено применение технологии Digital Twin для управления залоговым портфелем и для контроля за уровнем обеспеченности обязательств. On the basis of the official Bank reporting data, the author provides an overview of the state of Russian banking sector from the point of view of the adherence to the level of financial security and defines the security strategy of the sector and its individual subjects. Some problematic issues are identified in the quality of the data covering the structure and specific features of the collateral portfolio in the framework of official reporting. As a result, it is determined that monitoring of the level of security and quality of the collateral portfolio is significantly limited by the lack of necessary data. It is concluded that the banking sector needs to introduce technological innovations in order to monitor the compliance with the level of security and manage the collateral portfolio. As a solution of the problematic issues revealed the author proposes implementation of Digital Twin technology for managing the collateral portfolio and monitoring the level of security of obligations.
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Broberg, Oskar, and Anders Ögren. "Names, shares and mortgages: the formalisation of Swedish commercial bank lending, 1870–1938." Financial History Review 26, no. 1 (March 15, 2019): 81–108. http://dx.doi.org/10.1017/s0968565019000015.
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This article explores the process of the formalisation of the Swedish financial market, through an analysis of commercial bank lending in the late nineteenth and early twentieth century. The analysis shows that the incorporation of Swedish business around the turn of the century led to a shift from lending primarily backed by name security to an increased use of mortgage and shares as collateral – after the severe stock market crash in 1920/1 mortgage lending surpassed lending against shares as collateral. We interpret this change as an important part of the formalisation process of the financial system, as it standardised the valuation process and allowed creditors to exit on a secondary market. Our statistical testing points to increased financial wealth and liquidity represented by the broad money supply, plus population growth and urbanisation, as important forces behind this formalisation.
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Babaskin, Anatoliy. "Legal nature of the requirements of the banking legislation of Ukraine to ensure credit operations of banks." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 297–305. http://dx.doi.org/10.33663/0869-2491-2021-32-297-305.
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Іintroduction. Despite the fact that a significant number of scientific publications by well-known Ukrainian authors are devoted to the issues of legal regulation of credit obligations, at the same time separate studies of banking legislation requirements on "acceptability of collateral" have not been conducted in Ukrainian civil science in recent years. This, taking into account the gradual alignment of banking legislation of Ukraine with the standards of Basel III, and Directive 2002/47 / EC of the European Parliament and of the Council of 6 June 2002 on financial collateral mechanisms, necessitates such scientific research. The aim of the article. On the basis of the analysis of the legislation of Ukraine, the legislation of the European Union, scientific advances in the sphere of civil law and banking legislation, in the context of the analysis of the banking legislation of Ukraine, it is safe for creditors. In order to achieve this goal: 1. Conduct an analysis of civil and legal species for the protection of crops for the subject of іх possible delivery to “acceptable safety” and vrahuvannya banks when opening a credit card. 2. Significantly "quasi-security", as viewed by the banking legislation in the form of "acceptable security" for credit cards. 3. Zdіysniti analysis of the approaches to the legislation of the EU in the field of protection from credit denominations. Results. The methodological basis of the study is general scientific and special legal methods of scientific knowledge. In particular, the dialectical method, the method of analysis and synthesis, the comparative law method, the functional method, the modeling method, etc. Conclusions. First, the banking legislation does not consider as "acceptable collateral" such types of collateral as penalty, surety, deposit, retention. Secondly, the banking legislation considers as "acceptable collateral" not only those specified in Part 1 of Art. 546 of the Civil Code of Ukraine types of security for performance of obligations (pledge, right of trust ownership, guarantee), and other types of security for performance of obligations provided by law or contract (reserve letter of credit, performing the function of financial guarantee, guarantees of public entities, guarantee payment), but also contractual constructions which do not concern types of maintenance of performance of obligations (repo agreements). Thus, the banking legislation considers collateral in credit operations from the economic point of view, according to which "acceptable collateral" is only such liquid collateral that guarantees the rapid recovery of the property of the creditor bank, which suffered damage due to default or improper performance of the counterparty loan obligation, as well as "quasi-collateral", if such is referred by banking legislation to "acceptable collateral". Third, the existence of rules in the banking legislation on the acceptability of collateral in no way affects the right of banks to use any type of collateral provided by law or contract, if the application of such is possible in credit relations, taking into account the legal nature of the relevant types. software. Fourth, the set of regulations of the National Bank of Ukraine on the acceptability of collateral can be considered as an institution of banking law, which includes as rules of civil law governing the types of collateral, other rules of contract law governing other "quasi-collateral" contractual constructions, as well as public-law special norms of banking legislation, which establish additional regulatory requirements for banks to ensure credit operations and calculate credit risk.
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Aidukaitė, Jolanta. "SOCIAL POLICY CHANGES IN THE THREE BALTIC STATES OVER THE LAST DECADE (2000–2012)." Ekonomika 92, no. 3 (January 1, 2013): 89–104. http://dx.doi.org/10.15388/ekon.2013.0.1621.
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Abstract. This paper deals with changes in social policy (social security and health care) in the three Baltic states over the last decade. It seeks to elucidate the emerging differences among the three Baltic states in their social policy arrangements. The study employs inductive methods for the analysis of social security institutions, pursuing a comparative institutional analysis by means of macro level descriptive statistics. The paper demonstrates that in the period 2008–2012, the differences among the three countries in social policy arrangements have exacerbated. Estonia has handled the global financial crisis much better and managed to keep more solidarity and universalism in so cial policy as well as higher benefit levels as compared with Latvia and Lithuania.Key words: social security, health care, Baltic states, welfare state, differences
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Thuy, Le Bich. "Foreclosure on collateral under French and Vietnamese laws." Science & Technology Development Journal - Economics - Law and Management 3, no. 2 (August 2, 2019): 111–18. http://dx.doi.org/10.32508/stdjelm.v3i2.548.
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In Vietnam, as a result of limited financial competence, it is quite normal for small and medium enterprises to acquire loans from credit institutions, mostly under pledge and mortgage agreements. With the purpose of fostering economic growth, it is, therefore, very important to help individuals and businesses gain access to credit and increase the credit availability for them. In order to do so, obviously the possibility of predicting the time and cost involved in the realization of their security rights should be clearly seen by creditors through clear and effective regulations on enforcement or particularly on the foreclosure of collateral. In fact, Vietnamese laws on secured transactions has recently been developed under the Civil Code 2015, adding two new security devices which are retention of title and retention of property. The new code also clearly distinguishing security devices which have the characteristic of personal rights and real rights as well as perfects the mechanism of effectiveness against third parties. The paper focuses on presenting the differences between the foreclosure o pledged and mortgaged property in French laws and in Vietnamese laws and suggests some modifications to Vietnamese relevant statutes to protect the rights of both debtors and creditors in pledge and mortgage transactions, learning from French practices. Recommendations include a more active role of the securing party in serurity right enforcement process under judicial supervision, the court's involvement in property value appraisal, an extra-judicial mechanism for creditors for collaterall repossession and a provision setting forth an obligation of the secured party to diligently and effectively exploit the secured property to earn maximum fruit and incomes and deduct such amount from the interest and original loan.
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Saifuddin Syuhri and Nurul Fadila. "PENERAPAN PRINSIP KEHATI-HATIAN KOPERASI (STUDI DI KSPPS BMT MASLAHAH)." Ar-Ribhu : Jurnal Manajemen dan Keuangan Syariah 1, no. 1 (April 30, 2020): 117–33. http://dx.doi.org/10.55210/arribhu.v1i1.456.
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Prudential Principles Can Provide Protection for Cooperatives in Relation to Savings and Loans Agreements Implemented As for the precautionary principle arrangements can provide protections for cooperatives in connection with savings and loan agreements which carry out lending is one form of money lending, in a loan agreement money is often required there are debt guarantees which can consist of various forms and types. Debt guarantees in positive law in Indonesia, there are various laws and regulations that govern or relate to debt guarantees which are often referred to as collateral law. The provisions of the applicable guarantee law provide arrangements that will protect the parties concerned with the loan of money, financing and debt guarantees. The cooperative as a business entity that provides financing to Members is required to make security measures so that the financing can be paid off by the Member concerned. Financing which is not paid by the Members either in whole or in part will be a loss for the Cooperative. Losses indicate a relatively large amount that will affect the health of the Cooperative and the continuation of the Cooperative business. Therefore, no matter how small the value of money from financing that has been given to Members must remain secured in accordance with the precautionary principle. In general, financing safeguards can be carried out through the financing analysis stage and the application of applicable legal provisions. The link between credit collateral and credit security can be concluded from the provisions of Article 1131 of the Civil Code so that it is another effort or alternative that can be used by the Cooperative to obtain credit repayment when the debtor defaults.
Keywords: Prudential Principle, Financing at KSPPS BMT MASLAHAH
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Benjamin, Joanna. "Determining the Situs of Interests in Immobilised Securities." International and Comparative Law Quarterly 47, no. 4 (October 1998): 923–34. http://dx.doi.org/10.1017/s0020589300062606.
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In the wholesale financial markets, enormous exposures are collateralised by interests in immobilised securities. Such collateral may be provided under a security interest, or by way of outright transfer.1 The collateral taker is always concerned to ensure that its interest in the collateral assets will be enforceable, not just against the collateral giver but also against third parties such as other creditors of the collateral giver. This is particularly important in the insolvency of the collateral giver, in order to ensure that the collateral taker ranks above ordinary creditors. Rights in assets which bind third parties are generally characterised as property rights, and the general approach in conflict of laws is to refer questions concerning the acquisition of property rights to the law of the place where the asset in question is located, or lex situs. In relation to interests in immobilised securities, this simple rule presents a challenge in practice, as the location of interests in immobilised securities may not be immediately obvious. This article suggests that the legal location of such interests is the office of the clearing system where the account recording such interests is maintained. This accords with the provisions of Article 9(2) of the Finality Directive, which has yet to be implemented in the United Kingdom.
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Hartono, S.H., Aili Papang. "CREDIT AGREEMENT WITH FIDUCIARY COLLATERAL IN THE FORM OF A PATENT IN THE PERSPECTIVE OF INDONESIAN LAW." Humanities & Social Sciences Reviews 7, no. 5 (September 28, 2019): 71–75. http://dx.doi.org/10.18510/hssr.2019.759.
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Purpose: Community needs for capital are obtained in various ways, one way is to make a debt agreement with financial institutions. This method is one way that is quite simple to obtain funds to support business activities. This debt agreement is usually carried out with a guarantee that the guarantee is a complement to provide assurance for financial institutions, in this case, the bank can obtain a loan refund in the event of an interpretation. One of the things that can be used as collateral is a patent. With the issuance of the latest law the patent is one way to obtain a loan from the bank.
Methodology: This research study gathered theoretical data about loan granting under fiduciary security of patent.
Main Findings: The development of the global community has caused development in security of loan application in banking internationally, one of them is security by using Patent. In Article 108 paragraph (1) of Patent Law, it is stated that right on Patent can be used as fiduciary security. The existing regulation indicates that the State supports economic development through granting of loan to Patent holders in order to develop their invention. A Patent Holder shall have an exclusive right to use the Intellectual Property Right by his/herself by using it as security.
Implications/Applications: The findings of this study are helpful for the individuals in understanding the aspect of patents and exclusive rights held by the owner in order to secure Intellectual Property.
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Djordjevic, Ivica, and Zoran Jeftic. "Changes in financial position of state as a security problem." Medjunarodni problemi 68, no. 2-3 (2016): 193–208. http://dx.doi.org/10.2298/medjp1603193d.
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The second half of the 20th century will be remembered as the period of the biggest liberalisation in history in the area of international economic relationships. Many factors served that fact. First of all, attempts to eliminate circumstances which were the root cause of previous world wars. Along with liberalisation of the trade processes, there was a process of growth of public debt which significantly restricted public institution activities. Due to lack of funds in the budget, countries were forced to mortgage and pay a significant amount of money for the rates of interest. Developing countries are especially in a very difficult position because they are under constant pressure and are forced to accept unfavorable arrangements in order to make their system work at all. The circumstances which were mentioned are the hardest for the citizens, primarily due to the lack of funds for the financing of the public sector. Because of the various restrictions, the health system, education and public administration, have a constant deficit and are not able to follow the needs of the local population. Dysfunction of national institutions represents a security problem par excellence.
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Tarnanidou, Christina I. "EU financial collateral arrangements and re-hypothecation in the shadow of ‘shadow banking’: To further regulate or not?" Journal of Banking Regulation 17, no. 3 (February 11, 2015): 200–238. http://dx.doi.org/10.1057/jbr.2014.22.
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Dietsch, Peter. "Money creation, debt, and justice." Politics, Philosophy & Economics 20, no. 2 (April 8, 2021): 151–79. http://dx.doi.org/10.1177/1470594x21999736.
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Theories of justice rely on a variety of criteria to determine what social arrangements should be considered just. For most theories, the distribution of financial resources matters. However, they take the existence of money as a given and tend to ignore the way in which the creation of money impacts distributive justice. Those with access to collateral are favoured in the creation of credit or debt, which represents the main form of money today. Appealing to the idea that access to credit confers freedom, and that inequalities in this freedom are morally arbitrary, this article shows how the advantage to those with collateral plays out in different ways in today’s economy. The article identifies several forms of bias inherent in money creation, and its subsequent destruction: loans from commercial banks to individuals and corporations, interbank lending, lending from central banks to commercial banks, and selective bail-outs by central banks. These are not mere inequalities: they are unjust since alternative designs of the financial architecture exist that would significantly reduce them. The paper focuses on one possible reform with the potential to address several of the types of bias identified, namely the separation of money creation from private bank credit.
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Kvasnytska, Raisa, Inna Dotsenko, and Dmitrii Prystupa. "Formation of a Mechanism for Ensuring the Financial Security of the Bank." Modern Economics 25, no. 1 (February 23, 2021): 73–78. http://dx.doi.org/10.31521/modecon.v25(2021)-11.
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Annotation. Introduction. The current situation in the market of banking services is due to the influence of internal and external factors that make the bank vulnerable to crises. The financial security of the bank is the key to its stable development, so its research is extremely important. The priority of ensuring the financial security of the bank necessitates a comprehensive approach by developing an appropriate mechanism to ensure the financial security of the bank, taking into account the impact of external and internal threats. Purpose. The purpose of the work is to develop elements of the mechanism for ensuring the financial security of the bank, taking into account internal and external threats. Results. Theoretical problems of the mechanism of financial security of the bank are considered. Based on a critical analysis of the economic literature, the author’s interpretation of the concept of “mechanism for ensuring the financial security of the bank” from the standpoint of the impact of internal and external threats. The purpose and tasks of the mechanism of ensuring the financial security of the bank are highlighted. It is proposed to divide the functions of the bank’s financial security mechanism into basic and specific functions, those that are inherent in banking. The principles of ensuring the financial security of the bank are highlighted. It is substantiated that the process of forming the mechanism of ensuring the financial security of the bank is complex and should take into account the impact of internal and external threats. The threats affecting the financial security of commercial banks are ranked, with their division into internal and external. The main threats to the external environment are: global or local financial crises; falling demand for loans and banking services; the level of distrust on the part of legal entities and individuals in the banking system; refinancing volumes and the size of the discount rate; low level of investment activity in the country, and consequently the lack of investment funds. The main internal threats to the bank’s financial security are: errors in strategic planning and forecasting; irrational use of the bank’s potential; low level of return on assets. The stages of the mechanism of ensuring the financial security of a banking institution on the basis of taking into account the impact of internal and external threats have been formed. Conclusions. Based on the proposed stages of the mechanism of financial security of the bank, taking into account the impact of internal and external threats, we can trace all possible options for using strengths and opportunities in developing a strategy for financial stability of the bank, as well as identify factors influencing the bank. Keywords: threats, internal threats, external threats, collateral, mechanism, financial security of the bank, functions of the mechanism, principles of the mechanism, subjects and objects of the mechanism.
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Poole, Ed Gareth, and Guto Ifan. "Internal coordination of social security in the United Kingdom." European Journal of Social Security 21, no. 2 (May 31, 2019): 153–62. http://dx.doi.org/10.1177/1388262719844984.
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Although social security is traditionally viewed as a highly centralised function in the UK, health care and long-term social care have long been devolved to sub-state governments, an arrangement requiring extensive internal coordination agreements. This coordination has various objectives, including ensuring parity of benefits provision in Northern Ireland (where social assistance is devolved) and Great Britain (where it is centralised), securing financial reimbursements for cross-border health care provision, and determining responsibility and eligibility criteria for individuals in need of social care. Further devolution and decentralisation of social security benefits over the past decade have made such coordination arrangements even more essential.
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Raza, Ali, Guangji Tong, Furqan Sikandar, Vasilii Erokhin, and Zhang Tong. "Financial Literacy and Credit Accessibility of Rice Farmers in Pakistan: Analysis for Central Punjab and Khyber Pakhtunkhwa Regions." Sustainability 15, no. 4 (February 6, 2023): 2963. http://dx.doi.org/10.3390/su15042963.
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This study investigates the factors that affect farmers’ access to Food Security and Agricultural Credit (FSAC) services for the farmers of Pakistan who have no access to banking but have a feasible farm business. Using multiple regressions and logistic analysis, the authors revealed the determinants of farmers’ financial literacy and analyzed the variables which affected the farmers’ accessibility to FSAC. Results indicated that the average financial literacy of respondents was at a moderate level. It was affected by the age of respondents, length of their education, distance to nearby cities, ownership of bank accounts, annual income, and financial education experience. The FSAC accessibility was also impacted by the area of cultivated land, interest rate, collateral, farms’ income, financial literacy index, credit accessibility experiences, the legal status of farmer groups, and the amount of a loan. Some of the issues that prevent farmers from having widespread access to the FSAC include the lack of loan need, lack of FSAC awareness, lack of collateral, loan usury perspective, loan rejection experience, fear of borrowing from the bank, and inactive farmer groups. The study contributes to the existing literature on the determinants of farmers’ access and choice of credit sources by using a primary data set.
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Zaradkiewicz, Kamil. "Fiduciary transfer of real property in consumer transactions." Nieruchomości@ I, no. I (March 31, 2021): 9–28. http://dx.doi.org/10.5604/01.3001.0014.7525.
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Article 3871 on property transfer as a form of collateral security was added to the Civil Code by virtue of the Act of 14 May 2020 Amending Certain Acts in Respect of Shield Measures in Connection with the Outbreak of the SARS-CoV-2 Virus (promulgated in the official journal “Dziennik Ustaw”, item 879). Under this provision, contracts on transfer of property as a collateral security, where the property in question is a real property used for the purpose of satisfying housing needs, which is transferred to secure claims under this or any other contract not directly related to business operations or pursuit of the profession by a natural person, are invalid. The sanction of invalidity provided for in Article 3871 of the Civil Code applies only to those contracts, where the value of the real property is higher than the value of financial claims secured by transfer of property plus the value of maximum interest for delay on this value for a period of 24 months, or if the value of financial claims secured by the real property has not been not determined. Only such a contract on transfer of property as a collateral security that was not preceded by an appraisal of the market value of the real property by an expert appraiser, is invalid. This solution is rightly criticised as unclear and excessively prescriptive. Furthermore, it may in practice give rise to numerous problems of interpretation. It fails to solve numerous problems associated with fiduciary transfer, including its general admissibility or its connection with the institution of a registered pledge. It is reasonable to consider, as de lege ferenda postulate, the introduction of a general prohibition of this type of fiduciary transfer or its normative regulation in the form of an independent legal institution. In the latter case, legal solutions aimed at protecting both the debtor and other persons, i.e. creditors, should be adopted, in particular with a view to eliminate the socalled “excessive collateralisation” that happens in practice.
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Wispelaere, Frederic De, Gabriella Berki, and Snjezana Balokovic. "Montenegro’s accession to the European Union: Possible consequences of the free movement of persons for the Montenegrin social security system." SEER 23, no. 1 (2020): 39–58. http://dx.doi.org/10.5771/1435-2869-2020-1-39.
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This article discusses the potential impact of the free movement of persons in the EU on the Montenegrin social security system. It can be argued that three variables will be of great importance: 1) mobility between Montenegro and other EU member states; 2) social security legislation in Montenegro; and 3) the social security Coordination Regulations. The scale of migration will be highly dependent on whether there are transitional arrangements and whether neighbouring countries, not least Serbia, join the EU at the same time. In order to avoid an erosion of the workforce and consequently of people paying taxes in Montenegro, it might be useful to negotiate transitional arrangements as well as to promote oth er types of labour mobility, such as intra-EU posting. Furthermore, it can be expected that Montenegro’s accession will have financial and administrative implications in the area of healthcare. After all, accession to the EU will lead to a further increase in the number of tourists and thus of the amount that Montenegro will have to recover from member states if unplanned healthcare has been provided in Montenegro.
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Ried, Walter, and Frauke Henriette Rau. "Cross-Border Health Care in the European Union: Evaluation of Different Financing Arrangements." Engineering Management in Production and Services 9, no. 2 (June 27, 2017): 8–20. http://dx.doi.org/10.1515/emj-2017-0009.
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Abstract This paper analyses the impact of the financing arrangements for planned cross-border health care within the European Union. A financial arrangement is taken to provide a financial incentive but may also involve payment risks and administrative burden. For the pathways given by the Social Security Regulations (883/2004 and 987/2009) and the EU Directive 2011/24/EU, we investigate how the associated financial arrangements act on providers, patients and on publicly funded health insurance. First, the Regulations can induce cross-border health care that will increase domestic health care expenditure and may threaten national health policy by setting an incentive for patients to go abroad for health care not covered by domestic health insurance. Second, the financial arrangement of the Directive may induce cross-border health care which will lower domestic health care expenditure. However, due to considerable payment risks and administrative burden on both patients and providers, these benefits will not be reaped in full. Moreover, in the presence of national cost containment policies, the Directive may provide an incentive for cross-border health care that is too strong. Finally, due to the requirement to pay upfront, the financial arrangement also suffers from a lack of equity of access to health care provision abroad.
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Vella, Karen J., Richard J. Williams, Daniel H. Walker, Alex Smajgl, Miko U. F. Kirschbaum, and Romy Greiner. "Viewpoint: social and economic dimensions of involving savanna communities in carbon management systems." Australian Journal of Botany 53, no. 7 (2005): 741. http://dx.doi.org/10.1071/bt04177.
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In this paper we discuss the social, economic and institutional aspects of the development of carbon management systems within Australia’s tropical savannas. Land-use values in savanna landscapes are changing as a result of changing economic markets, greater recognition of native title, and growing social demands and expectations for tourism, recreation and conservation. In addition, there is increasing interest in developing markets and policy arrangements for greenhouse gas abatement, carbon sequestration and carbon trade in savannas. We argue that for carbon management to lead to national greenhouse outcomes, attention must be paid to social, economic and institutional issues in environmental planning and policy arrangements. From an economic perspective, the financial impact of carbon management on savanna enterprises will depend on appropriate and available policy mechanisms, unit price for carbon, landscape condition, existing management strategies and abatement measurements used. Local social and cultural features of communities and regions may enhance or constrain the implementation of carbon abatement strategies, depending on how they are perceived. In terms of institutional arrangements, policies and plans must support and enable carbon management. We identify three areas that require priority investigation and adjustment: regional planning arrangements, property rights, and rules for accounting at enterprise and regional scales. We conclude that the best potential for managing for carbon will be achieved while managing for range of other natural resource management outcomes, especially where managing for carbon delivers collateral benefits to enterprises.
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Samamba, Dr, and Lennox Trivedi. "Legal, Regulatory And Institutional Constraints On Corporate Debt Financing By Local Authorities In Zambia." International Journal of Research and Innovation in Social Science 07, no. 01 (2023): 273–91. http://dx.doi.org/10.47772/ijriss.2023.7107.
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Councils in Zambia suffer from chronic financial distress. Issuance of public debt securities could therefore prove a valuable source of corporate finance that could be applied to capital projects, and possible re-investment of returns on the investment. In this respect, the availability collateral to secure loan obligations, an effective and efficient mechanism for determining priority of competing collateral interests, enforceability of security interests against the collateral, profit potential, goodwill, cash inflows and credit ratings of councils and their securities are some of the factors affecting the success of the public issue of public debt securities by councils. The study assesses the legal, regulatory and institutional framework for the public distribution of securities within Zambia and across international borders so as to establish whether or not it provides adequate incentives for the growth of corporate debt financing by councils in Zambia. The study employs the doctrinal approach to examining the effectiveness of legal and regulatory rules, and institutions. The main findings of the study were that: (a) while the legal, regulatory and institutional framework permits issue of public debt securities, it (i) does not recognize them as listable on securities exchanges, (ii) does not permit issue of public debt securities in dematerialized form, (iii) does not recognize public debt securities as distributable under prospectuses in Zambia, (b) the poor financial position and performance of councils is likely to affect credit ratings of councils and saleability of their public debt securities, (c) there are restrictions on judicial enforcement of loan obligations of councils, and (d) there are no rules for determining priority of competing security interests in the council general fund. As a possible way of remedying these shortcomings in the law, the article makes necessary recommendations for law reform.
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Lehenchuk, Serhii, Iryna Vyhivska, and Olena Hrytsak. "The development of institutional and methodological framework for accounting of collateral operations in credit unions." Herald of Ternopil National Economic University, no. 1(91) (January 1, 2019): 209–18. http://dx.doi.org/10.35774/visnyk2019.01.209.
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The article demonstrates a need for research into the issues of improving accounting of collateral operations in credit unions. This research paper sets out a number of unresolved issues and discussion points relevant to accounting of collateral operations, especially those linked to various types of collateral and activities of credit unions. In response to corporate scandals, some possible ways to improve the conceptual and methodological framework of accounting are identified. The authors demonstrate how further methodological advances in accounting depend on applying individual elements of accounting method to its main constituents. The study has found that it is advisable to add a set of documents for executing and registering collateral operations to the order on accounting policy. Based on the view that collateral is a way to ensure that the borrower meets his obligations to the credit union, it is proposed to change the name of off-balance sheet account 06 from “Guarantees and security received” to “Enforcement of obligations received”. The authors have developed a sample of working chart of accounts for recording collateral operations in credit unions by analytical accounts, which makes it possible to obtain detailed information. The article provides an analysis of specific features of accounting of collateral operations in credit unions and gives evidence of how procedures are performed in line with the standards of international financial reporting. It is offered to change the name of account 437 “Provision of warranty obligations” to ”Provision of contract obligations”. The study notes that a revaluation of collateral objects with high level of volatility, which are used for getting loans from credit unions, should occur on a regular basis. Using an invention patent as an example, it is shown how to calculate the cost of collateral at the pre-contractual stage. It is also specified how to make up inventories of collateral object in credit unions.
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de la Peña, Nuria, and Heywood Fleisig. "Romania: Law on Security Interests in Personal Property and Commentaries." Review of Central and East European Law 29, no. 2 (2004): 133–217. http://dx.doi.org/10.1163/157303504774062411.
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AbstractThis paper presents the Romanian Law on Security Interests in Movable Property, together with commentaries on its main articles. It also discusses the background research and analysis that preceded the enactment of the law. Problems in the legal and institutional framework for secured transactions ranked high among the factors that limited access to credit in Romania. Limited access to credit, in turn, led to lower rates of investment and, thence, to lower rates of economic growth. Moreover, since the existing credit system could safely take as collateral only large holdings of real estate, the credit system discriminated heavily against those with mainly movable property as assets—the poor and operators of small businesses and farms. These legal problems reduced access to credit in Romania more than did macroeconomic instability or a variety of other structural features of the economy. Moreover, these limits would have lingered on undiminished long after macroeconomic stability could have been achieved. Limited access to credit has been generally recognized as constraining growth and aggravating poverty. Many donors and governments have attempted to address this problem without remedying its underlying legal roots: they have supported directed credit programs, state loan guarantees, state-funded guarantee funds, and direct loans by state agencies. These efforts typically end in disaster. Even where employees of such institutions matched their private counterparts in their desire to collect loans, the legal and regulatory framework prevented collection. State lenders may be able to make loans that the private sector will not make; however, they are no more able to collect them. No one has devised a feasible and effective economic remedy to this legal problem. Good public policy relaxes limits to access to credit by addressing the legal roots of this problem. Notwithstanding the importance of collateral to lenders and of movable property to producers, before the reform, the laws and legal registries of Romania largely prevented private lenders from taking movable property as collateral for loans. The new Romanian Law on Security Interests in Personal Property remedies this problem. It sets out a comprehensive framework for using personal property as collateral for loans. It introduces a broad system of security interests in personal property that derogates the existing narrow regime of non-possessory pledges. The law broadens the range of property that can serve as collateral under the concept of security interests (Garantiile Reale) far beyond the scope of what the pre-reform pledge. Today, a wide variety of property and transactions can secure a loan. The law sets out a compulsory and unique system for establishing priority among creditors in collateral. It provides that the first creditor who files a notice of the security interest shall be the first entitled to receive the proceeds from the sale of the collateral should the borrower default. These provisions apply to any secured creditor and to any creditor who—under any contract—has a right to satisfaction from property of the debtor or from property in the debtor's possession. This includes creditors in financial leases, conditional sales, warehouse operations, and accounts receivable financing. The law provides that the ranking of priority depends only on the time of filing a notice of the security interest in an Electronic Archive. Unlike a pledge registry, this Archive system does not register the security agreement. Rather, it files in a database a notice that a security interest exists. This notice contains minimal information about the parties to the transaction and the security interest. Furthermore, the law sets out—for the first time anywhere in the world—a registry archive in the Internet that may be accessed on-line both to file and to retrieve information.
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Suárez Corujo, Borja. "Internal coordination of social security in Spain." European Journal of Social Security 21, no. 2 (May 31, 2019): 119–40. http://dx.doi.org/10.1177/1388262719848983.
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This paper introduces the topic of the internal coordination of regional and local social security schemes in Spain. In the field of social security, the constitutional framework imposes different solutions in terms of the division of competences between State and Autonomous Communities, depending on the branch of (public) social protection. In the provision of long-term social care, for instance, both the State and the Autonomous Communities participate. Healthcare services are mainly provided by the Autonomous Communities without prejudice to certain aspects of the role played by the State. Social assistance through cash benefits or social services are exclusively provided by the Autonomous Communities, with the deep participation of local entities, especially in the case of social services. The paper outlines the extent of devolution and decentralisation, and the adjudication of competence and financial arrangements. The final section addresses some specific questions in healthcare, long-term social care and social assistance.
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Garacci, Tylor, and Brian H. Kleiner. "New developments concerning employee benefits and pensions." Management Research News 26, no. 2/3/4 (March 1, 2003): 89–96. http://dx.doi.org/10.1108/01409170310783808.
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Posits that US companies are now recognising the challenge of holding on to qualified workers and making life as comfortable as possible, to keep these “assets” on board. States that, in the 1990s, workplace quality of life issues appear prominent. Glances at retirement, social security, the smaller firm and retirement provisions etc. Sums up that, increasing the odds must be worth the extra effort to safeguard employees’ future and their financial arrangements therein.
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Rodima-Taylor, Daivi, and Erik Bähre. "INTRODUCTION: MUTUAL HELP IN AN ERA OF UNCERTAINTY." Africa 84, no. 4 (October 22, 2014): 507–9. http://dx.doi.org/10.1017/s0001972014000461.
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African communities are witnessing a perplexing proliferation of diverse arrangements of mutual security that draw upon old and new solidarities and inventively merge market logic with reciprocal forms of distribution and sharing. The dynamics of such voluntary arrangements and their broader social impacts emerge as increasingly important topics of study. The changing nature of global economies poses challenging questions about the novel relationships between state and market, and the potential of human agency to find alternatives to address growing inequalities. This collection focuses on local institutions of mutual security as alternative – yet also interdependent – forms of distribution that have become particularly relevant in the current era of global financialization and the changing dynamics between private and public social spheres. Various voluntary associations and informal economic networks, financial mutuals and savings/credit groups are becoming central in regulating access to resources and defining patterns of association in African communities. The articles in this themed part-issue explore these social security networks and organizations, concentrating on their ambiguous potential to empower the marginal as well as to contribute to social strife and political conflict. Ethnographic cases from diverse parts of Africa illustrate the impacts of the environments of uncertainty on the emergence of novel forms of association. The contributions suggest that contemporary mutual help arrangements should be seen as being central to the emergence of new social spaces and power configurations in such settings, revealing a broader social dynamic of globalization.
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Russell, Helen, Janine Leschke, and Mark Smith. "Balancing flexibility and security in Europe? The impact of unemployment on young peoples’ subjective well-being." European Journal of Industrial Relations 26, no. 3 (April 5, 2019): 243–61. http://dx.doi.org/10.1177/0959680119840570.
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We examine the relationship between ‘flexicurity’ systems, unemployment and well-being outcomes for young people in Europe. A key tenet of the flexicurity approach is that greater flexibility of labour supply supports transitions into employment, trading longer-term employment stability for short-term job instability. However, there is a risk that young people experience greater job insecurity, both objective and subjective, with less stable contracts and more frequent unemployment spells. Our research draws on data from the European Social Survey and uses multi-level models to explore whether and how flexibility-security arrangements moderate the effect of past and present unemployment on the well-being of young people. We distinguish between flexibility-security institutions that foster improved job prospects and those that provide financial security.
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Rizayusmanda, Rizayusmanda. "KAJIAN NORMATIF TENTANG PROSES PELAKSANAAN PEMBEBANAN JAMINAN FIDUSIA ATAS JAMINAN PERSEDIAAN BARANG DAN PIUTANG DAGANG DI DUNIA PERBANKAN." Solusi 17, no. 1 (January 1, 2019): 76–83. http://dx.doi.org/10.36546/solusi.v17i1.154.
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Banking is an institution that is vulnerable to risks related to money. The banking position as a mediator that connects those with surplus and financial deficits, banks must maintain good relations with the two parties. Banking decisions must be moderate, namely considering the desires of both parties because without the two parties, banking activities are not running. But if you are not careful in disbursing loans, bad credit will occur, then to protect the money disbursed, the debtor must provide collateral to the bank. This paper is a normative legal research that is research aimed at written regulations relating to the procedure for carrying out fiduciary collateral for collateral in the form of inventory and trade receivables according to Fiduciary Law Number 42 of 1999, and the legal consequences if the collateral is in the form of inventory the goods and receivables are not processed by loading fiduciary and registering them to the Fiduciary Registration Office. In the implementation of Fiduciary Collateral Imposition, especially collateral for credit in the form of goods and trade receivables, as determined by law, by registering the Fiduciary Deed of Registration with the Fiduciary Registration Office - Ministry of Law and Human Rights. For collateral for loans financed by banks, the Actions made under the hand or Notarial but not registered with the Fiduciary Deed of Registration at the Fiduciary Security Registration Office, do not get preferential rights and an executorial right guaranteed by the Fiduciary Guarantee Institute, and the Fiduciary Guarantee Agreement is only in the form of a Fiduciary Deed Registration Office. under the hand that has no executive power
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Jacqueson, Catherine. "Administering social security and health in Denmark: Between centralisation and decentralisation." European Journal of Social Security 21, no. 2 (May 31, 2019): 183–91. http://dx.doi.org/10.1177/1388262719847807.
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In Denmark, large parts of welfare have traditionally been the business of local authorities. In particular, municipalities have played an essential role because they have the power to levy taxes and their autonomy is guaranteed by the Constitution. Yet, most welfare schemes are regulated by acts of the Parliament. This contribution analyses the Danish set up and discusses the extent of decentralisation in the area of social security and health care, focusing on the criteria for the allocation of competences, financial arrangements and the issue of equality of treatment across the country. The article concludes that, while the export of social problems between municipalities is a well-known phenomenon in Denmark, social shopping does not seem to take place.
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HAKIM BF, ARI RAHMAD, I. GUSTI AGUNG WISUDAWAN, and YUDI SETIAWAN. "PENGATURAN BISNIS PINJAMAN SECARA ONLINE ATAU FINTECH MENURUT HUKUM POSITIF DI INDONESIA." GANEC SWARA 14, no. 1 (March 6, 2020): 464. http://dx.doi.org/10.35327/gara.v14i1.122.
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Online credit lending or referred to as “Fintech” is now developing in Indonesian society and is considered as a solution to get loans without collateral for consumptive purposes. The development of Fintech certainly requires supervision by the Financial Services Authority (OJK). This research is a normative research with a statutory approach, conceptual approach, and case approach. This study also uses primary, secondary , and tertiary legal materials. The technique of collecting legal materials used in this research is the study of legal documentation, then analyzed in a qualitative descriptive manner. The results show that: 1). Online credit loan or fintech business arrangements according to positive law in Indonesia are regulated by Bank Indonesia Regulation, No 18/40 / PBI / 2016 and No 19/12 / PBI / 2017, Member of the Board of Governors Regulation No. 19/14 / PADG / 2017 and No 19/15 / PADG / 2017. 2), the form of supervision carried out by the Financial Services Authority (OJK) of the online credit business is an integrated and coordinated supervision system between legal structures such as the Police, BI. OJK, and Investment Alert Task Force
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Disemadi, Hari Sutra. "RISK MANAGEMENT IN THE PROVISION OF PEOPLE’S BUSINESS CREDIT AS IMPLEMENTATION OF PRUDENTIAL PRINCIPLES." Diponegoro Law Review 4, no. 2 (October 1, 2019): 194. http://dx.doi.org/10.14710/dilrev.4.2.2019.194-208.
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The bank is a financial institution that has an intermediary function that bridges the interests of parties who are excess funds (creditors) and those who need funds (debtors). Banks in channeling funds, among others, through the provision of credit to the public. However, loans issued by banks contain a lot of risk, one of them is People's Business Credit (KUR). Issues regarding the risks of granting credit above will be discussed in this study, which this study uses a normative juridical method using the statutory approach. This study shows the arrangements regarding risk management are regulated in PBI Number 11/25/PBI/2009 concerning the Application of Risk Management in Commercial Banks and in Regulation of the Financial Services Authority Number 18 / POJK.03 / 2016 Regarding the Implementation of Risk Management for Commercial Banks. The implementation of the prudential principle internally for a bank's Human Resources (HR) is to apply the Banking Risk Management Principles. Banking practices usually assess five aspects of debtors (the five C’s analysis), namely: character, capital, capacity, economic conditions and collateral.
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Colley, Linda. "Employment Security in Public Services: A Political and Industrial Contest Over the Institutionalization of Employment Security in the Queensland Public Service." Public Personnel Management 48, no. 4 (May 29, 2019): 608–26. http://dx.doi.org/10.1177/0091026019851530.
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Public sector employment security is a central tenet of the public service bargain in many countries to provide continuity beyond an electoral cycle and support frank and fearless advice. Employment security was often an implicit condition, diluted by rounds of public management reform and the global financial crisis (GFC), but retained in some form. Following reforms and downsizing in the 1990s in the Australian state of Queensland, unions redressed the implicit nature of employment security by institutionalizing it in formal policies, enforceable regulations, and collective agreements. The research focuses on policy changes under a government with a large electoral majority that was prepared to breach its electoral commitments, and the institutional arrangements in these employment policies and collective agreements. It highlights the power of government as both employer and legislator, and the potential fragility of the public service bargain when a government has the will to exercise that power.
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Lont, Hotze. "Finding the Right Balance: Financial Self-Help Organizations as Sources of Security and Insecurity in Urban Indonesia." International Review of Social History 45, S8 (December 2000): 159–77. http://dx.doi.org/10.1017/s0020859000115330.
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Financial self-help organizations can be found in many parts of the world, and the cities of Java are among the areas where they are particularly widespread. Since about the 1950s, interest in these institutions among anthropologists and development sociologists has increased considerably. Analyses of financial self-help organizations have most often focused on their economic or their social function; few scholars have pointed to their function as providers of security and identified self-help organizations as typical forms of local social security institutions. The main shortcoming of most of these studies is that they base their conclusions solely on an analysis of the financial arrangements provided by these self-help organizations, neglecting the accommodating practices that people undertake in order to fit the provisions of self-help organizations to their own household needs. This essay explores the observation that financial self-help organizations do not simply provide security through the different kinds of insurance mechanisms they might contain, but that, particularly through the way in which people use them and participate in them, these institutions become meaningful for coping with insecurity. It examines the question of whether participation in financial self-help organizations contributes to the ability of households to cope with adversities and deficiencies in a concrete social context. Research aiming to answer this question was conducted in Bujung, an urban ward on the outskirts of Yogyakarta, on the island of Java.