Littérature scientifique sur le sujet « Banks and banking, Central – Law and legislation »
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Articles de revues sur le sujet "Banks and banking, Central – Law and legislation"
1
قادر, احمد. « (السرية المصرفية (دراسة مقارنة ». Al-Kitab Journal for Human Sciences 2, no 3 (4 octobre 2020) : 65–88. http://dx.doi.org/10.32441/kjhs.02.03.p4.
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and it is not permissible to disclose these secrets but only in certain cases for the benefit of the credit or in exceptional cases estimated by law. The present study sheds light on the trends of comparative legislation on the protection of bank secrecy between Iraqi and French laws. The Iraqi law regulated the banking secrecy in the articles (52-49) of the Banking Law, and the French legislator regulated banking secrecy in the Article (57). The legislator also regulated in the law of monetary the financial professional secrecy in Article (511-33) and its paragraphs which prohibited the managers of Banks and its employees to reveal the financial information belonging to the clients of the banks. Banks in Iraq and France are subject to the control of the Central Bank and are committed to its regulations especially to reveal and inform about any suspected financial operations or crimes. Banning revealing bank secrecy shall be subject to any information relating to the affairs of the bank or its customers or other banks subject to the supervision of the Central Bank. Finally, the study recommends increasing the penalty for the crime of disclosure of bank secrecy
2
Kuchina, Yaroslava O. « Regulating Fintech in Russia : The Issues Raised from the Absence of Legal Definition ». Pravosudie / Justice 3, no 2 (25 juin 2021) : 80–102. http://dx.doi.org/10.37399/2686-9241.2021.2.80-102.
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Introduction. Financial technology or fintech is one of the most discussed problems of the modern digitalization. Particular attention is paid to describing what the fintech industry is, how it relates to traditional financial regulation and to what extent the official recognition of financial technologies can affect economic regulation and the global economy. Theoretical Basis. Methods. The article examines the concept of fintech and the regulatory as- pects of the so-called “sandbox”, which allows, being based on the comparative legal method and the method of legal expertise, to extrapolate specific problems to the entire situation in the field of fintech regulation. The author offers an overview of the main stages of the formation of legislation on financial technologies and examines the role of the Bank of Russia in this process. Results. Arguing about the consequences of such a concentration of regulatory mechanisms in the banking sector, the author thinks about the actual leveling of digitalization of banks with banking financial technologies in the science and practice of the Russian Federation. Based on a brief review of academic approaches to the definition of financial technologies, the author draws a number of parallels that allow one to outline the reasons for judicial errors and the reasons for excluding changes in fintech legislation from the attention of domestic courts, and draws conclu- sions about the general and particular consequences of the current situation. Discussion and Conclusion. During the study, the author comes to the conclusion that the scien- tific opinion about the development of the fintech industry and the need for its regulation in the Russian Federation is based on a narrow understanding of fintech itself and the peculiarities of introducing financial technologies into the practice of services. The author believes that the par- adigm for the development of the domestic fintech market is focused on the so-called banking fintech, when financial technologies are consumed and built into the ecosystem of specific banks’ activities and are not provided by non-banking entities. This leads to the fact that legislative regu- lation focuses on the development of banking law and, at the same time, excludes from the atten- tion of the legislator and the main regulator – the Central Bank of the Russian Federation – other areas, such as, for example, insurance or non-banking investment. This situation makes it pos- sible to ask the question of how much the image of fintech, formed in domestic law, corresponds to its actual state and market development, and in what proportion is the process of digitalization of traditional banking services understood by fintech.
3
Klochko, Alyona, Oksana Kvasha, Zoia Zahynei, Mykola Logvinenko et Mykola Kurylo. « Combating crime in the banking sector as a method for ensuring its stability (evidence from Ukraine) ». Banks and Bank Systems 15, no 1 (25 mars 2020) : 143–57. http://dx.doi.org/10.21511/bbs.15(1).2020.14.
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An effective system for combating banking crimes can ensure the stability of the Ukrainian banking sector. Developing such a system requires an analysis of public policy institutional instruments to counter threats to the banking system stability. The article proposes the crime counteraction concept for the Ukrainian banking system based on the analysis of scientific articles dealing with the issue, relevant provisions of legal acts and on the study of functions of law enforcement agencies, individual executive bodies, central public authorities, state collegial bodies, territorial NBU departments, Ukrainian banks and their branches, the Deposit Guarantee Fund, international institutions, and bank clients.It has been established that the stability of the Ukrainian banking system can be ensured by effective interaction of all actors in combating crime in the banking business. Overlapping of their functions and some conflict rules negatively affect ensuring the banking system stability by entities engaged in banking crime counteraction. Therefore, an algorithm of cooperation between relevant counteraction entities should be developed and reflected in the Banking and Financial Security Strategy on the legislative level. Optimization of statistical reporting on crime in the Ukrainian banking sector in a more informative format requires data on both individual types of banking crimes and on the persons who commit them. As part of the work of the National Bank of Ukraine’s Public Council, it is necessary to organize regional public councils and ensure cooperation between bank clients and local banking institutions. It is assumed that the development of effective mechanisms for protecting rights and legitimate interests of depositors and creditors, as well as combating criminalization in the banking sector will be the main functions of these regional public councils. The relevant innovations require amendments to the Regulation on the NBU Public Council. AcknowledgmentThe article was prepared as part of a project for young scientists of Ukraine in 2017 (state registration number – 0117 U 006531), Improving the Legislation of Ukraine Regarding the Protection of Banking Activities in the Context of European Integration: Economic and Legal Aspect, by Alyona M. Klochko, Ph.D. (Law), Sumy National Agrarian University, Head of the Chair of International Relations.
4
Gardaloev, Alavdin S. « On measures to counter the illegal implementation of activities for the provision of consumer credits (loans) ». Current Issues of the State and Law, no 3 (2022) : 331–36. http://dx.doi.org/10.20310/2587-9340-2022-6-3-331-336.
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We conduct a detailed analysis of the current legislation regulating the suppression of illegal activities in the financial market. Particular attention is paid to the provisions of Article 1715 of the Criminal Code of the Russian Federation. Among other things, this study shows in most detail the invaluable role of the Central Bank of Russia as a regulator of law enforcement activities, namely in the issue of suppressing the illegal activities of banks and non-banking credit organizations in the financial market, the trend of its further activities in this legal aspect. We substantiate the debatable, actively discussed opinion in the legal community, which states that the lack of an exhaustive list of non-banking financial institutions that are entitled to issue a consumer loan complicates the work of law enforcement agencies to identify entities that do not have the authority to carry out such activities. It is also worth noting separately that the work below provides the author's arguments in support of the introduction of a qualitatively new article 1715 of the Criminal Code of the Russian Federation. Among other things, this study proposes options for further legal regulation of countering the illegal implementation of activities for the provision of consumer credits (loans), supported by references to the current regulatory legal acts.
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Korniienko, V. V. « Circumstances for Committing Crimes in the Banking Sector : Normative and Legal Aspect ». Bulletin of Kharkiv National University of Internal Affairs 91, no 4 (20 décembre 2020) : 295–304. http://dx.doi.org/10.32631/v.2020.4.28.
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The historical way of the development of banking business and the state of its legislative provision, which had an impact on criminal behavior in this area, has been studied. It has been noticed that the responsible officials of banking institutions, due to their high level of education, skillfully used gaps or contradictions in the legislation for the useful purposes of illegal enrichment. They quickly adapt to amendments in normative and legal regulation and invent new schemes of criminal technology.
The key factors in the situation of committing crimes in the presented area are: search for opportunities for criminal enrichment by using existing powers; conspiracy of officials of commercial banks with representatives of supervisory agencies (curators from some units of the National Bank of UKraine) in order to cover up criminal activity; development of a plan of financial fraud with representatives of commercial organizations in order to steal the entrusted funds and their further legalization. Typically, such criminal “associations” try to have long-term relationships under the guise of corrupt relations with supervisors and banking secrecy in order to systematically generate illicit proceeds. In case of the risk of detecting criminal schemes, the banking institution may be brought to bankruptcy, which is used as the method to hide traces of criminal activity.
Analysis of the impact of regulatory factor in the context of committing economic crimes in the banking sector is a perspective and relevant area of further research. In this regard, the development of the doctrine of forensic forecasting in conditions of instability of processes in the economy in its individual segments (lending, currency regulation), weak control over the conduct and accounting of banking transactions, etc. is of great importance.
Equally important is the development of cooperation between law enforcement agencies involved in the fight against crime in the banking sector, with the units of the National Bank, the State Fiscal Service and financial monitoring; the improvement of the methodology of conducting certain types of examinations, etc. Provisions for such cooperation are enshrined in law and are in force, but some need to be revised in the light of central government reforms.
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Bebeji, Umar Sani, Hussaini Bala et Hassan Bala. « THE LEGAL FRAMEWORK FOR ISLAMIC BANKING AND THE QUEST FOR FINANCIAL INCLUSION IN NIGERIA ». Jurnal Syariah 28, no 3 (31 décembre 2020) : 501–38. http://dx.doi.org/10.22452/js.vol28no3.6.
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The banking sector is the backbone of every economy. It determines not only the pace of growth of modern economic systems, but also the prosperity of nations. But its reliance on interest, liberal prudential guidelines and its very capitalist foundation make it incompatible with Islamic law – the faith practiced predominantly in some regions of Nigeria. Securing loans for investments comes with cut-throat conditions, riddled with cases of fraudulent and unfair practices. As a way around this, scholars began to think of how to expurgate those elements considered incompatible with the Shariah. Since the enactment of the Banks and Other Financial Institution’s Decree in 1991, which vaguely introduced the profit loss sharing principle of banking, nothing tangible was done to give effect to the provisions until 2011 when the Non-Interest Financial (NIFI) Services Guidelines was issued by the CBN. As a result of this development Jaiz Bank PLC was granted a license as a regional full-fledged Islamic bank, which metamorphosed into a national bank. This, however, was not without resistance as manifested in a suit against the CBN for issuing the guidelines. The paper, thus, attempts an analysis of the legal framework and how it can push up financial inclusion in Nigeria, adopting the doctrinal methodology approach to examine legislation, case-law and existing literature. It highlights some of the approaches of the Central Bank of Nigeria (CBN) and efforts to make the legal and institutional framework favourable for Islamic banking to thrive so that the substantial Muslim population can be brought into the formal financial stream to access funds for investments without upsetting the fundamental teachings of Islam. It further argues that that there is a strong correlation between the inadequacy of legal support for Islamic banking and high rate of financial exclusion particularly in the Muslim-dominated communities. Similarly, it reveals that there is not a shred of rational basis for the opposition to Islamic banking in Nigeria as it does not seek to foster any sinister agenda of “Islamising” the polity. As Nigeria is trying to push for more financial inclusion, Islamic banking can help improve existing credit delivery mechanisms for effective outreach to the teeming excluded population of Muslims. It, therefore, strongly recommends that a comprehensive legislation be enacted by the National Assembly (NASS) of Nigeria to support the prospects of this novel and popular banking model and also help promote and protect investments in the area. This will shove off financial inclusion in many ways.
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Korolkov, Evgeniy. « Cost Minimization : Philosophical and Methodological Analysis ». Ideas and Ideals 14, no 4-2 (27 décembre 2022) : 351–68. http://dx.doi.org/10.17212/2075-0862-2022-14.4.2-351-368.
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In modern economic literature, as well as regulatory documents, the concepts of ‘inputs’, ‘expenses’ and ‘costs’ are often used as identical to each other. At the same time, there are differences between them and their incorrect interpretation can lead to incorrect analytical conclusions and, as a result, erroneous conclusions and subsequent losses in the financial and economic activities of a commercial organization. The problem of the theme in relation to ‘credit costs’ is also reflected in the fact that currently special regulatory documents regulating banking activities, such as Federal Law “About the Central Bank of the Russian Federation (Bank of Russia)” and Federal Law “About Banks and Bank Activities” do not contain a decoding of the mentioned concepts of ‘expenses’ or ‘costs’. Moreover, another document that could clarify this issue – the Accounting Regulations “Expenses of the Organization” № 10/99 in paragraph 1 we read: ‘1. This Regulation establishes the rules for the formation in accounting of information on expenses of commercial organizations (except credit and insurance organizations) that are legal entities under the legislation of the Russian Federation.’ In the paper, the author aims to differentiate the concepts of ‘expenses’ and ‘costs’, as well as to clarify and formulate such a concept as ‘credit costs’. The subjects raised by the author could be interesting for external investors, specialists of internal services of a commercial bank analyzing the effectiveness of a credit institution and, of course, the top management of the bank, most interested in both the profitability of its own investments and the formation of further policy of the bank led by them. The theoretical significance of the study lies in the consideration of different approaches to the concept of ‘costs’, the definition of banking instruments that affect the amount of credit costs, their systematization and the allocation of those that, according to the author, can be optimized without reducing the profitability of the credit organization. The concept of ‘credit costs’ is systematized.
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Kherkhadze, Alim. « POTENTIAL AND POSSIBLE EFFECT OF THE DEVELOPMENT OF GEORGIAN FINANCIAL MARKETS ». Economic Profile 17, no 1(23) (4 août 2022) : 152–65. http://dx.doi.org/10.52244/ep.2022.23.09.
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The country's central property rests on the institutional and organizational strength of the major price chaos market and the banking sector. Georgian banking system is currently developed not only in the country, but in all regions, the Georgian securities market and the only licensed representative of this market in the country - the Georgian Stock Exchange is undeveloped and unique. The securities market is a kind of economic barometer of the country, a measure of the pulse, which is primarily reflected in the ongoing political, economic and social changes in the country and in the world. The securities market provides fast mobilization of temporarily free cash without bureaucratic intermediaries (in this case banks) and with minimal additional fees compared to bank credit, respectively the banking system and the stock market are competitors. In 1998-2000, with the help of the best government and financial market experts in Georgia, the foundations of the securities market began to form. During this period, everyone was well aware that these two most important financial institutions should be developed together on an equal footing, under conditions of fair competition, and tried not to allow one sphere to be absorbed or oppressed by another. For some reason, the new post-Soviet Georgia had better starting conditions in the banking sector, as enshrined in the 1998 Law on the Securities Market adopted by the Georgian Parliament. By law, the securities industry was separated from the banking sector in order for securities to be newly established mechanisms to enable independent real development opportunities. JSC "Georgian Stock Exchange" (JSC) was established on January 12, 1999 at the initiative of leading brokerage companies, commercial banks, insurance companies and investment funds. Special activity on the Georgian Stock Exchange began in 2004, when after the change of government, the legislation related to privatization was changed and the economic recovery began, corruption was significantly reduced, the financial market was opened, investments were increased. The reduction of trading volume on the Georgian Stock Exchange was caused by the financial crisis of 2008 and a change in the legislation, which resulted in the abolition of the self-regulatory system of the stock exchange and its controlling body became the National Bank of Georgia. Since 2007, the stock exchange has been managed by a group of banks that currently own 58% of the stock exchange shares, of which the Bank of Georgia has the largest package with 46%. As of March 1, 2022, the balance of deposits of legal entities and individuals attracted by commercial banks in national currency is 15.06 billion GEL, weighted by an average of 11.06%, and the volume of deposits of legal entities and individuals attracted in foreign currency - equivalent to 22.03 billion GEL. , On average by 0.81%. (SEB, 2022) In total, 37.1 billion GEL of free cash is deposited in Georgian banks, and if at least a quarter of it returns to the Georgian Stock Exchange, it is easy to imagine the level of economic growth and the size of the national economy. As of May 6, 2022, about 2.31 billion GEL has been accumulated in the pension fund, 60% of the objects are placed on certificates of deposit, 1.3% - on time deposits, 5.8% - on foreign corporate shares (133.98 million 56 l),% - interest Accounts in foreign currency, and 24.69% - on interest accounts (Pension Agency, 2022). In other words, the funds kept by the citizens of Georgia in the pension fund either go to the banking system and only then take part in the short-term activity, ie by buying their securities for about 134 million GEL with the growth of the foreign economy. The development of the Georgian stock market would have facilitated the growing funds of the pension fund, invested more profitably with bank deposits, and the national economy growing faster, with more commission and interest rate pressures than bank credit. As of April 30, 2022, the capitalization of the stock market on the Georgian Stock Exchange amounted to about 2.29 billion GEL, which is only 3.8% of the GDP of Georgia in 2021 (60.2 billion GEL), while this figure has developed stock markets. Countries have more than 100% of GDP. According to the years, the ratio of capitalization of the Georgian stock market to GDP in the same year is declining and was 4.8% in 2020 (due to the pandemic, GDP decreased this year, the capitalization of companies remained largely unchanged), in 2019 - 3.97%; In 2018 - 4.39%; In 2017 - 8.16%. As of May 2, 2022, securities of 23 companies with a total market capitalization of USD 0.748 billion and an average daily turnover of 21 GEL in April 2022 were admitted to the trading system of the CBS. On March 24-30, 2022, we conducted a survey on how people manage their savings through the platform google forms, in which 629 people participated. The results of the survey showed that the culture of accumulation in the population is quite high and they would like to buy securities on the Georgian Stock Exchange. In our opinion, the development of the securities market in Georgia will reduce the employment problem partly through self-employment, the economy will be developed thanks to direct financing of economic entities (and not by scheme = population = bank => enterprises) and increase the speed of cash circulation. The state has a big role to play in the process of establishing a securities market in developing economies. The securities market is a necessary and important element of the global economy, without which the normal functioning of a market economy is impossible. Relevant legislative changes and political will are needed to strengthen the Georgian stock market.
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Babaskin, Anatoliy. « Legal nature of the payment account agreement in the civil legislation of Ukraine ». Yearly journal of scientific articles “Pravova derzhava”, no 33 (septembre 2022) : 385–95. http://dx.doi.org/10.33663/1563-3349-2022-33-385-395.
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Since the Law of Ukraine «On Payment Services» introduced in 2022, the Law of Ukraine «On Payment Services» is being introduced to the legislation of Ukraine, the state of low normative legal acts of the EU, in the wake of the provisions of the Directive (EU) 2015/2366 in 2015 internal market, that about the introduction of changes to Directives 2002/65 / С, 2009/110 / ЄС and 2013/36 / ЄС and Regulation (ЄС) No. 1093/2010, which skasovy Directive 2007/64 / ЄС. that the pre-emptive provisions of the Law, Chapter 72 of the Central Committee of Ukraine will be supplemented by par. 3 «Payment rakhunok» (Articles 1076.9, 1076.10). I’ll look at the introduction of the meaning of the advancement of civil legislation, as it will be introduced at once from the introduction into the Law. The aim of the article. On the basis of the analysis of Ukrainian legislation, EU legislation, scientifi c advances in the sphere of civil law and banking legislation, to the standards of Ukrainian legislation, how to regulate the payment agreement. To achieve the goal of setting up the contract: 1. Conduct an analysis of the legal nature of the payment agreement. 2. Viznachiti sp_vvvіdnoshennya agreement of payment rakhunku іf agreement of bank rakhunku. 3. Viznachiti norms according to the agreement of the bank account, as it is subsidized to be fi xed up to the agreement of the payment order. Results. SOCA those scho power law regulyuvannya klієntskih bankіvskih rahunkіv prisvyachena-valued Quantity NAUKOVO publіkatsіy of Ukrainian іnozemnih avtorіv that, in the same hour okremih doslіdzhen legal regulyuvannya contract platіzhnogo rahunku in ukraїnskіy tsivіlіstichnіy nautsі not conducted through vіdsutnіst in tsivіlnomu zakonodavstvі Ukraine konstruktsії this contract. Appointed, due to the implementation of the legislation of Ukraine, the norms of Directive 2015/2366, will increase the need for such scientifi c advances. Conclusions. Agreement of a payment rakhunka є by the type of a bank rakhunka agreement, which type of rakhunka shall be accepted as a type of such rid. Instruction of the contract is an agreement on the provision of payment services, which is characterized as follows: wine is consensual, bilateral, can be paid or free of charge. Oskilki, arranging the agreements of the bank’s rakhunka, the parties and passing through the meta (the state of the non-cash transactions, cash transactions too), the agreements of the payment rakhunku should be brought up to the causal rights. As a matter of fact, the agreement can be either stringless or stringless. Uninvolved on those scho h. 1 tbsp. 65 The law will establish depriving the right of non-bank payment of payment services for the approval of payment services, by virtue of Part 3 of Art. 1076.9 of the Central Committee of Ukraine, that part 2 of Art. 1067 of the Central Committee of Ukraine the agreement of a payment rakhunka is close to a public agreement, but in practice we can keep up with the model of the agreement. On the basis of the agreement of the bank rakhunku, the instructions of the agreements, according to the Law, are characterized by the following: a) a special sub-warehouse. With a non-bank charge of payment services for a payment agreement, you can install (including small payments), the operator of the mail order, install the electronic pennies, accredited by the Ukrainian branch of the Ukrainian payment, the last payment , overridden in clauses 1 – 3 h. 1 tbsp. 5 of the Law included by the National Bank of Ukraine to the Registry of Payment Infrastructure. We can corroborate both physical and legal individuals (resident and non-resident), albeit on the view of the bank’s agreement on the basis of the agreement of a bank rakhunku, such a clerk cannot be a legal person –a non-resident; b) the hour of the knowledge of costs for the payment rakhunka of the koristuvach, the law is deprived of the hour necessary for a specifi c payment operation; c) the increase of interest on the surplus of cash on the payment rakhunka of the koristuvach is imperatively fenced off by law; d) don’t compromise on the status of the deposit and do not miss the guarantees established by the Law of Ukraine «On the system of guaranteeing deposits of physical assets». On vіdmіnu od tsogo Act nadaє nebankіvskim nadavacham platіzhnih poslug lishe right zabezpechuvati zberezhennya koshtіv koristuvachіv Shlyakhov strahuvannya vlasnoї vіdpovіdalnostі on vipadok nemozhlivostі vikonannya fіnansovih zobov’yazan before koristuvachami, abo zabezpechuvati takі Costa bankіvskoyu garantієyu in the minds scho give zmogu koristuvacham otrimati od strahovoї kompanії abo bank -Guarantee of vidshkoduvannya in size, equivalent to the sum of financial crops’yazan. Key words: payment account, payment account agreement, bank account agreement, payment institution, fi nancial institution, bank, non-bank fi nancial institution, monetary obligations, interest.
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Maggs, Peter B. « Islamic Banking in Kazakhstan Law ». Review of Central and East European Law 36, no 1 (2011) : 1–32. http://dx.doi.org/10.1163/092598811x12960354394641.
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AbstractKazakhstan has adopted legislation designed to facilitate Islamic banking, and at least one Islamic bank has started operations in Kazakhstan. Islamic banking is based upon traditional Islamic law, which forbids the taking of interest, the making of profit without risk, and profiting from "sinful" businesses such as pornography. The legislation in Kazakhstan forbids such activities for Islamic banks and also requires each Islamic bank to have an independent "Council on the principles of Islamic finance" to rule on bank policies and specific transactions. Islamic banking practices use complex combinations of transactions, each permitted by Islamic law, to mimic common conventional banking transactions, such as loans bearing fixed interest rates and repayable on a fixed date. Stable income and manageable principal obligations from credit-worthy borrowers can ensure that a bank will receive high ratings from leading international credit rating agencies and, thus, can satisfy the requirements of Kazakhstan's bank regulators. The formal difference between Islamic banking transactions and the conventional transactions that they mimic could lead to differing treatment for taxation. To provide a level playing field, Kazakhstan has amended its Tax Code to provide for equal treatment of economically equivalent Islamic and conventional banking transactions. Adjustments have also been made to bankruptcy legislation, reflecting the unavailability of deposit insurance for Islamic banks and the special nature of investment deposits in Islamic banks. There are controversies among Islamic law scholars as to whether or not various practices used to mimic conventional banking transactions are unlawful because they violate the spirit of Islamic law. This creates what is called "Sharia risk", the risk that a transaction will be found unlawful after it has been concluded, with consequences highly unfavorable for a party.
Thèses sur le sujet "Banks and banking, Central – Law and legislation"
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Suleman, Yasser. « The legislative challenges of Islamic banks in South Africa ». Thesis, Stellenbosch : Stellenbosch University, 2011. http://hdl.handle.net/10019.1/21644.
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Thesis (MBA)--Stellenbosch University, 2011.The Islamic Banking industry has been one of the fastest growing industries worldwide with a compound annual growth rate of 28% between 2006 and 2009(Reuters, 2010). These growth rates were experienced amidst the worst economic meltdown the world has seen in decades. This is a clear indication that there is a high level of confidence in the industry. Although the industry has existed for centuries, the past few decades have brought about a revival in Islamic banking. Many Western countries are recognising the industry’s importance and have taken various steps in supporting the establishment of it. South Africa has also taken such steps and has a vision of becoming a hub for Islamic banking on the African continent. This mini thesis examines the differences in nature of the underlying principles of Islamic and conventional banking which then brings to the fore the various challenges that exist in the unhindered functioning of Islamic banks within Western countries. These challenges revolve around institutional and legal frameworks, regulatory and supervisory bodies, South African Reserve Bank requirements, interest, taxation and conceptual understandings. In order to provide recommendations to address these challenges, case studies of Islamic banking in both, Islamic and Western countries were conducted. These case studies provided insight into how countries have addressed similar challenges and to what degree were they successful. This provided the basis from which recommendations were made for Islamic banking to function efficiently and effectively in South Africa and for the country to achieve its goal of becoming a hub of Islamic banking on the African continent.
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Onagoruwa, Gabriel Adeoluwa. « Cross-border bank resolution : legal and institutional underpinnings for a regional approach within Africa ». Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.608026.
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Mkiwa, Halfan. « The anticipated impact of GATS on the financial service industry in Africa ». Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_6956_1219304028.
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This study was on the anticipated impact of GATS on the financial services industry in Africa. The paper examined the possible positive and negative impact of the GATS agreement on the financial services industry in the African countries. The research focused on the banking sector and the insurance sector as the main financial sectors under investigation.
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Ahmad, Rubi 1962. « Bank capital, risk and performance : Malaysia evidence ». Monash University, Dept. of Accounting and Finance, 2005. http://arrow.monash.edu.au/hdl/1959.1/5121.
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Zoubi, Marwan M. Sharif (Marwan Mohd Sharif). « The Wealth Effect of the Risk-Based Capital Regulation on the Commercial Banking Industry ». Thesis, University of North Texas, 1994. https://digital.library.unt.edu/ark:/67531/metadc278264/.
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The purpose of this study is to examine the wealth effect of the Risk-Based Capital (RBC) regulation on the U.S. commercial banking industry. The RBC plan was first proposed in January 1986, and its final form was announced on July 11, 1988. This plan resulted from dissatisfaction with the old capital regulation, which did not account for asset risk and off-balance sheet activities. The present study hypothesizes that the new regulation restricted bank optimal behavior and, therefore, adversely affected stock prices. The second and third hypotheses suggest that investors used company specific information, Net Tier 1 and Total risk-based capital ratios respectively, in valuing stocks of the affected bank holding companies. Hypotheses four and five suggest that abnormal returns are proportionally related to the levels of Net Tier 1 or Total RBC ratio. Both the traditional event study and the portfolio time-series regression, with RBC ratios (Net Tier 1 or Total) as the weight factors, are used in this study.
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Terblanche, Janet Rene. « The legal risks associated with trading in derivatives in a merchant bank ». Thesis, Stellenbosch : University of Stellenbosch, 2006. http://hdl.handle.net/10019.1/2693.
Texte intégralRésumé :
Thesis (LLM (Mercantile Law))--University of Stellenbosch, 2006.The research defines derivatives as private contracts, with future rights and obligations imposed on all parties, used to hedge or transfer risk, which derives value from an underlying asset price or index, which asset price or index may take on various forms. The nature of derivatives is that the instruments are intended to be risk management tools. The objectives of derivatives are either to hedge a risk, or to speculate. Derivatives may be classified by the manner in which they are traded, either over the counter (OTC) or on exchange. Alternatively, derivatives may be classified on the basis of structure and mechanisms, i.e. forwards, futures, options or swaps. Risk and risk management are defined in the third chapter with the focus on merchant banking. The nature of risk is that it is inherent in all activities. The nature of risk management is that it aims to ensure that the risks faced by the merchant bank are managed on a daily basis. The objective of risk management is to ensure that losses are minimised and the appropriate level of risk is taken in order to maximise profits. Risk may be classified as operational, operations, market, systemic, credit and legal risk. A comprehensive discussion of credit risk is presented, as it pertains to the legal risk in derivatives in a merchant bank. This includes insolvency, set-off, netting, credit derivatives and collateral. Legal risk is defined as the risk of loss primarily caused by legal unenforceability (i.e. a defective transaction, for instance a contract), legal liability (i.e. a claim) or failure to take legal steps to protect assets (e.g. intellectual property). The nature of legal risk is that it is caused by jurisdictional and other cross-border factors, inadequate documentation, the behaviour of financial institutions, a lack of internal controls, financial innovation or the inherent uncertainty of the law. The objectives of legal risk management in derivatives are to avoid the direct and indirect costs associated with legal risk materialising. This includes reputational damage. Derivatives attract specific legal risks due to the complexity of the instruments as well as the constant innovation in the market. There remains some legal uncertainty regarding derivatives in terms of gaming, wagering and gambling, as well as insurance. The relationship between risk and derivatives is that due to the complexity and constant innovation associated with derivatives, there are some inherent risks to trading in derivatives. It is therefore important to ensure that there is a vested risk management culture in the derivatives trading environment. Chapter four gives an overview of derivatives legislation in foreign jurisdictions and in South Africa. The contractual and documentation issues are discussed with reference to ad hoc agreements, master agreements and ISDA agreements. The practical implementation issues of master agreements and ad hoc agreements are also discussed. The recommendations are that legal risk management be approached in a similar manner to credit, market and other risk disciplines. A legal risk management policy needs to be developed and implemented. The second recommendation is that a derivative to manage the legal risk in derivatives be developed.
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Bateman, William. « Parliamentary control of public money ». Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/286229.
Texte intégralRésumé :
This dissertation analyses the idea that parliament controls public money in parliamentary constitutional systems of government. That analysis proceeds through an historical and contemporary examination of the way legal practices distribute authority over public money between different institutions of government. The legislative and judicial practices concerning taxation, public expenditure, sovereign borrowing, and the government financing activities of central banks are selected for close attention. The contemporary analysis focuses on the design and operation of those legal practices in the United Kingdom and the Commonwealth of Australia, in the context of the boom-bust-recovery economic conditions experienced between 2005 and 2016. The dissertation's ultimate claims are explanatory: that "parliamentary control" is a poor explanation of the distribution of financial authority in parliamentary systems of government and should be jettisoned in favour of an idea of "parliamentary ratification". An empirically engaged methodology is adopted throughout the dissertation and (historical and contemporary) public sector financial data enrich the legal analysis. The dissertation acknowledges the impact of, but remains agnostic between, different economic and political perspectives on fiscal discipline and public financial administration. The dissertation makes a number of original contributions. It provides a detailed examination of the historical development, legal operation and constitutional significance of annual appropriation legislation, and the legal regimes governing sovereign borrowing and monetary finance. It also analyses the way that law interacts with government behaviour in situations of economic emergencies (focusing on the Bank of England's public financing activities since 2008), and the institutional and doctrinal obstacles facing judicial involvement in disputes concerning public finance (focusing on the Australian judiciary's recent engagements with public expenditure legislation).
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Glatzl, Stefan. « Geldpolitik und Bankenaufsicht im Konflikt : die Pflicht der Mitgliedstaaten zur Unterstützung der EZB im Bereich der Preisstabilität unter besonderer Berücksichtigung der Bankenaufsicht / ». Baden-Baden : Nomos, 2009. http://d-nb.info/992704871/04.
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Davids, Marlon. « Financial regulation in South Africa : a case study on the implementation of the national credit act by the four big banks ». Thesis, Stellenbosch : Stellenbosch University, 2008. http://hdl.handle.net/10019.1/5539.
Texte intégralRésumé :
Thesis (MBA (Business Management))--Stellenbosch University, 2008.ENGLISH ABSTRACT: The banking industry is one of the most regulated industries in the world. The majority of these regulations are drafted to provide protection to consumers and investors and to ensure the systemic stability of the economy. South African banks, like many of their international counterparts, face a plethora of financial regulation aimed at ensuring stability and protection. In addition to these regulations, South Africa's prior exclusionary policies have resulted in the post-democratic government prescribing additional regulation, in part to address the economic duality that exists within the South African economy and in part to offer adequate protection to the most vulnerable in the society. The National Credit Act (NCA) is one such piece of legislation that has introduced a new era of consumer credit regulation and practice, bringing about wholesale changes to the consumer credit industry. The NCA and more than 260 other financial regulations in South Africa have a significant impact on banks, with each piece of legislation resulting in banks having to adapt to the changing environment (Nyamakanga, 2007). Using the four big banks' implementation of the NCA as a case study, the present study aims to establish if an integrative change management strategy could assist banks in effectively implementing financial regulation. The following aspects of the banks' implementation of the NCA were researched: • Effectiveness of financial regulation. • Current barriers and challenges to the implementation process. • Effect of these challenges on banks. • Impact on staff and customers. • Methods used to overcome the challenges. • Future challenges of the NCA. • Support structures used during implementation. • Use of change management principles. • Recommended strategies for future regulatory changes. • Recommended changes to the NCA. Detailed interviews were conducted with the overall NCA project leaders of each of the four big banks, namely, Absa, FNB, Nedbank and Standard Bank. The method of content analyses was used to analyse the qualitative data collected through in-depth interviews and the outcomes thereof formed the basis of the conclusions drawn. The study found that there were numerous challenges that the banks faced during the implementation of the NCA, the most common and significant as recognised by the population include, the magnitude of the Act, difficulty in interpreting the Act, the process of debt counselling and the associated costs of implementation. The study further found that using the principles of change management enhanced the banks' ability to implement the NCA. Conclusions drawn on the present study are confined to desktop research and semi-structured interviews conducted with the participating banks. It might be useful for future studies on the subject to include a broader population base which focuses on additional pieces of financial legislation in order to further enhance the findings of the present study.
AFRIKAANSE OPSOMMING: Bankwese is tans een van die mees gereguleerde industriee ter wereld. Die meerderheid van hierdie regulasies is ontwerp vir die beskerming van verbruikers en beleggers asook om die sistemiese stabiliteit van die ekonomie te handhaaf. Suid-Afrikaanse banke, soos talle van hul oorsese teenstukke, verduur talle finansiele wetgewing gemik op beskerming en stabiliteit. Die gewese uitsluitende Suid-Afrikaanse wette het veroorsaak dat die huidige demokratiese regering addisionele wetgewing voorskryf, gedeeltelik om die tweesydige Suid-Afrikaanse ekonomie aan te spreek en gedeeltelik om genoegsame beskerming aan die kwesbaarste van die gemeenskap te bied. Die Nasionale Krediet Wet (NKW) bied 'n nuwe era van verbruikerswetgewing en -praktyk aan wat terselfdertyd grootskaalse veranderinge op die verbruikers krediet bedryf teweegbring. Die NKW tesame met meer as 260 ander Suid-Afrikaanse finansiele wetgewing het 'n groot uitwerking op banke, met elke wet wat veroorsaak dat banke moet aanpas by die veranderlike omgewing (Nyamakanga, 2007). Deur om die vier groot banke se uitvoer van die NKW as 'n gevallestudie te gebruik, is die doel van hierdie studie om vas te stel of 'n geintegreerde veranderingsbestuurstrategie banke kan help met die doeltreffende uitvoering van finansiele wetgewing. Die volgende aspekte van die banke se uitvoering van die NKW is ondersoek: • Doeltreffendheid van finansiele regulasie. • Huidige versperrings en uitdagings tot die uitvoeringsproses. • Uitwerk van uitdagings op banke. • Uitwerking op personeel en verbruikers. • Metodiek gebruik om uitdagings te bowe te kom. • Toekomstige uitdagings van die NKW. • Ondersteunende strukture gebruik tydens uitvoering. • Gebruik van veranderingsbestuurbeginsels. • Aanbeveling van strategiee vir toekomende wetgewende veranderings. • Aanbeveling van veranderings tot die NKW. 'n Volledige onderhoud is gevoer met die projekleiers van elk van die vier groot banke, naamlik, Absa, FNB, Nedbank en Standard Bank. Inhoudsanalise was gebruik om die kwalitatiewe data te analiseer en die uitkoms daarvan vorm die basis van die gevolgtrekkings. Die studie dui aan dat banke baie uitdagings getrotseer het gedurende die uitvoer van NKW, die gewigtigste en algemeenste SODS herken deur die bevolking sluit in, die grootte van die Wet, moeilikheid in vertolking van die Wet, die skuldberadingsproses en die begeleidende koste van wetstoepassing. Die studie dui verder dat die beginsels van veranderingsbestuur banke se vermoe om die NKW uit te voer verbeter. Gevolgtrekkings aangaande die huidige studie is beperk tot "desktop" navorsing en half-gestruktureerde onderhoude met die deelnemende banke. Dit mag van waarde wees vir toekomstige studies om 'n bree bevolkingsbasis in te sluit met addisionele finansiele wetgewing wat die bevindings van die huidige studie kan bevorder.
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Machado, Gerson André. « Justiça socioambiental e novos direitos : estudo em face da (in)efetividade da política nacional de resíduos sólidos e o aproveitamento do papel no setor bancário ». reponame:Repositório Institucional da UCS, 2018. https://repositorio.ucs.br/handle/11338/3736.
Texte intégralRésumé :
A Lei nº 12.305/2010, que instituiu a Política Nacional de Resíduos Sólidos e análise da sua (in)efetividade sociojurídica, sob o viés da (in)justiça ambiental, fundamentada na tutela do Direito ao Ambiente e dos Novos Direitos, é o tema desta dissertação. A Política Nacional de Resíduos Sólidos trouxe inovações no que diz respeito ao aproveitamento e reaproveitamento dos resíduos sólidos; contudo, há alguns pontos controvertidos quanto a sua eficácia jurídica e social, como mecanismo garantidor da justiça socioambiental, viabilizando (ou não) o exercício de direitos de caráter socioambiental. Serão analisadas as lacunas, os paradoxos e as incoerências sistêmicas que a Lei apresenta, em face de sua aplicabilidade em uma realidade concreta. Serão exploradas as incongruências que envolvem a Lei n° 12.305/2010, na direção da efetividade real, e não apenas normativa, no sentido de se buscar um meio ambiente mais equilibrado ecologicamente e mais justo socialmente. As questões norteadoras são: Qual a relação entre o Estado e os indivíduos, na pós-modernidade, no que diz respeito a uma Política Nacional de Resíduos Sólidos capaz de efetivar uma real economia de mercado democratizada, garantindo um acesso amplo para suas práticas, recursos e oportunidades? Quais os motivos que levam a uma ineficácia na concretização dos direitos contemplados pela Política Nacional de Resíduos Sólidos e, por sua vez, quais são as formas mais adequadas de institucionalizar a relação entre o Estado e a sociedade, em especial, a iniciativa privada, em face do propósito de efetivar direitos de ordem coletiva, assegurando o consumo sustentável? Como forma de exemplificar as questões formuladas, conferindo concretude a esta proposta de natureza jurídico-sociológica, pergunta-se de que maneira o setor financeiro adota práticas inovadoras, no sentido de cumprir a Política Nacional de Resíduos Sólidos. Esse questionamento pauta-se, principalmente, no recicle de papel, em seu aproveitamento e reaproveitamento, bem como a redução do seu consumo, e as práticas que estariam sintonizadas com as ações do Poder Público e da iniciativa privada em uma interação institucional adequada à concretização de novos direitos. O objetivo principal apresentado consiste na análise da Lei nº 12.305, de 02 de agosto de 2010, que trata da Política Nacional de Resíduos Sólidos no que se explicita ao descarte, aproveitamento e reaproveitamento dos resíduos sólidos, sua (in)efetividade jurídica e justiça socioambiental em face aos novos direitos. No que se refere aos aspectos metodológicos, a pesquisa será realizada a partir da Lei nº 12.3015, de 02 de agosto de 2010, em matéria de (in)efetividade, de que forma os atores sociais e o Estado interagem no processo de descarte, aproveitamento e reaproveitamento dos resíduos sólidos. O raciocínio é o indutivo, pois se pretende chegar a conclusões generalizáveis a partir da observação de problemas concretos da (in)efetividade da norma por intermédio da análise de dados bibliográficos e documentais.This Thesis studies Act 12,305/2010, which establishes the National Policy on Solid Waste and the analysis of its social and juridical (in)efficacy under the scope of the environmental (in)justice, based on the guardianship of the Right to Environment and the New Rights. The National Policy on Solid Waste introduced innovations in terms of the usage and reusage of solid waste. However, there are some controversial aspects related to its juridical and social efficacy as a guarantor mechanism of social and environmental justice, enabling (or not) the exercise of social and environmental rights. The gaps, contradictions, and systemic inconsistencies of the Act will be analyzed against its applicability in concrete reality. The inconsistencies of Act 12,305/2010 will be studied in terms of its real effectiveness, not only regulatory, which can promote a social fairer and more ecology balanced environment. the guiding questions are: What is the relation between State and individuals, during the post-modernity in terms of a National Policy on Solid Waste which can guarantee a real democratic market economy in such a way it allows a comprehensive access to its practices, resources and opportunities? What are the reasons which lead to inefficiency in the accomplishment of the rights envisaged by the National Policy on Solid Waste, and, by its turn, what are the most adequate ways of institutionalizing the relation between the State and society, especially the private sector, concerning the purpose of carrying out collective rights, thus assuring the sustainable usage? As an example of the questions asked, making this juridical and sociological study more concrete, it is asked in which way the financial sector adopts innovative practices to comply with the National Policy on Solid Waste. This questioning is mainly based on the reusage of paper in terms of usage and recycling, as well as the reduction of its usage, and which practices would be in accordance with the actions of the Public Authorities and private sector in an institutional interaction adequate to the realization of new rights. The main objective consists of the analysis of Act 12,305, of 02 August, 2010, which deals with the National Policy on Solid Waste. It explains the disposal, usage and reusage of solid waste, its juridical (in)efficacy and social and environmental justice related to the new rights. Methodogically, the research will be held based on Act 12,305, of 02 August, 2010 in terms of (in)efficacy, and in which way the social actors and the State interact in the process of disposal, usage and reusage of solid waste. Reasoning is inductive, since we aim to get to generalizable conclusions from the observation of concrete problems related to the (in)efficacy of regulation using the bibliographical and documental data analysis.
Livres sur le sujet "Banks and banking, Central – Law and legislation"
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Lastra, Rosa María. Central banking and banking regulation. London : Financial Markets Group, London School of Economics and Political Science, 1996.
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C, Effros Robert, International Monetary Fund. Legal Dept. et IMF Institute, dir. Current legal issues affecting central banks. Washington, D.C : International Monetary Fund, 1992.
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Sánchez, Miguel Reyes. Legal autonomy of central banks : [comparative study of central bank legislation in Spain and Latin America]. Santo Domingo, Dominican Republic : Central Bank of the Dominican Republic, 1999.
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4
Mongolia. Law of Mongolia on Central Bank, Bank of Mongolia. Ulaanbaatar : Ministry of Justice of Mongolia, Legal Information Center, 1998.
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Martin, Selmayr, dir. The law of the European Central Bank. Oxford, Eng : Hart, 2001.
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Leone, Sierra. The Banking Act, 2000. Freetown?] : The Government Printing Department, Sierra Leone, 2000.
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Kamit, L. Wilson. Reforms to the Central Bank Act and the Banks and Financial Institutions Act. Port Moresby, Papua New Guinea : Institute of National Affairs, 2000.
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Venezuela. Law of the Central Bank of Venezuela. [Venezuela] : Banco Central de Venezuela, 1992.
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Dizon, Efren L. Banking laws and jurisprudence. Manila, Philippines : Rex Book Store, 2009.
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M, Dizon Efren Vincent, dir. Banking laws and jurisprudence. Manila, Philippines : Rex Book Store, 2009.
Trouver le texte intégralChapitres de livres sur le sujet "Banks and banking, Central – Law and legislation"
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Gortsos, Christos V. « The Functions of Central Banks and Definition of European Central Banking Law ». Dans Palgrave Macmillan Studies in Banking and Financial Institutions, 3–61. Cham : Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-34564-8_1.
Texte intégral
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Dimitrijević, Marko. « THE IMPACT OF EUROPEAN INTEGRATION ON THE DEVELOPMENT OF SERBIAN MONETARY LEGISLATION ». Dans Regional Law Review, 266–80. Institute of Comparative Law, 2022. http://dx.doi.org/10.56461/iup_rlrc.2022.3.ch17.
Texte intégralRésumé :
The subject of the paper is the impact of European monetary integration on the formation and development of domestic monetary law, and as its subject of legal regulation. European monetary law is a hybrid branch of law understood as a set of legal norms defining the monetary unit for the denomination of public debt. As such, it represents a good example of flexibility, dynamism, complexity, and the vital importance of the contemporary monetary legislation, the significance and relevance of which, in both academic and practical terms, are reflected in the preservation of monetary stability, as an essential public good, and monetary rights of the monetary citizen, i.e. citizens who live under domestic monetary jurisdiction, to have a stable and sound domestic currency. The impact of European monetary integration is particularly noticeable in the harmonisation of regulations within the competence of the central bank with supranational lex monetae. The same is true for the central bank’s competence to adopt monetary legal rules from acts of secondary monetary legislation defined within the new models of macroeconomic governance in EMU during the debt crisis, which enables the harmonisation of national banking policies at the EU level. Also, the new competencies of the supreme monetary national institution with regards to the aim of maintaining financial stability, its function as the bank of last resort for preventing the financing of terrorism, and competencies related to the fight against financial crimes, confirm the thesis about the evolution of central bank competencies towards common European values and axiology of European monetary legislation. By applying the dogmatic, comparative, and axiological methods, the paper seeks to identify existing differences between domestic and European monetary legal solutions and the achieved de lege results. The paper also offers certain de lege ferenda guidelines for shaping future monetary nomotechnique aimed at providing the optimal and sustainable monetary legal answers to the issues arising in the realm of the law of value.
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Craig, Paul, et Gráinne de Búrca. « 21. Free Movement of Capital and Economic and Monetary Union ». Dans EU Law, 756–80. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198856641.003.0021.
Texte intégralRésumé :
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter, focuses on the free movement of capital and economic and monetary union (EMU). It first considers the movement of capital, one of the four freedoms enshrined in the original Rome Treaty. It then discusses EMU and analyzes the movement towards EMU, and the Treaty provisions that set the legal framework for EMU. The chapter considers arguments for and against EMU and the position of the European Central Bank, concluding with an overview of the stresses and strains of EMU in the light of the banking and financial crisis. The UK version contains a further section analysing issues concerning free movement of capital between the EU and the UK post-Brexit.
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Craig, Paul, et Gráinne de Búrca. « 21. Free Movement of Capital and Economic and Monetary Union ». Dans EU Law, 783–808. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198859840.003.0021.
Texte intégralRésumé :
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter, focuses on the free movement of capital and economic and monetary union (EMU). It first considers the movement of capital, one of the four freedoms enshrined in the original Rome Treaty. It then discusses EMU and analyzes the movement towards EMU, and the Treaty provisions that set the legal framework for EMU. The chapter considers arguments for and against EMU and the position of the European Central Bank, concluding with an overview of the stresses and strains of EMU in the light of the banking and financial crisis. The UK version contains a further section analysing issues concerning free movement of capital between the EU and the UK post-Brexit.
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Chryssa, Papathanassiou. « Part I Introduction, 3 A Systemic Assessment of the Financial Market Infrastructures Landscape : FMI Groups and their Implications ». Dans Financial Market Infrastructures : Law and Regulation. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198865858.003.0003.
Texte intégralRésumé :
This chapter assesses the systemic relevance of financial market infrastructure (FMI) groups. It takes a closer look at the different organisational models of FMI groups and the resulting risks, and examines how these risks have been addressed in recent international standards and legislation within the US and the EU. International standard-setting bodies, such as the Committee on Payments and Market Infrastructures (CPMI) in cooperation with the International Organization of Securities Commissions (IOSCO), have long acknowledged the importance of FMIs as being at the 'core' of the global financial system. While a number of large and interconnected financial firms have failed in a spectacular manner during the recent financial crisis, no central counterparty (CCP) or any other systemically important FMI has failed despite the significant stress experienced. Following calls by the G-20 after the financial crisis, trade repositories (TRs) and CCPs have extended their services to the over-the-counter (OTC) derivatives market providing powerful risk mitigation. The chapter then turns to the treatment of FMI operators with a banking licence and their treatment in the European regulatory framework for credit institutions. Risk-sensitivity and proportionality of regulatory requirements are identified as key challenges for the application of bank capital and organisational requirements to providers of FMI.
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Howarth, David, et Scott James. « Germany ». Dans Bank Politics, 170–90. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192898609.003.0006.
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Abstract Chapter 6 considers the structural reform introduced in Germany through the Trennbankengesetz (Bank Separation Law) in 2013, which had little impact on most German banks’ trading activities. This was in spite of commitments made by Chancellor Angela Merkel to tackle the issue of too-big-to-fail in the wake of the crisis, and sustained political pressure from the main opposition Social Democratic Party in the run-up to the September 2013 legislative elections. Our central argument is that the limited ringfencing reforms introduced by the German government can be attributed to cooperative financial power and the absence of venue shifting. Despite the fragmented, multi-tiered structure of the German banking industry, it was nonetheless capable of wielding significant unified collective influence within the policy process. This influence was channelled through multiple centralized associations representing the commercial, cooperative and savings, and regional banking sectors. These associations formed a powerful alliance in opposition to structural reform, bolstered by the support of the politically influential SME sector. Although the government sought to manage the reform agenda through existing committee structures, it could not be entirely insulated from political pressures—hence the largely symbolic reform designed to appease public anger while inflicting minimal economic costs on the sector.
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Cranston, Ross, Emilios Avgouleas, Kristin van Zweiten, Theodor van Sante et Christoper Hare. « 1. Banks in the Financial System ». Dans Principles of Banking Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780199276080.003.0001.
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This chapter explains the economic functions and organizational structure of contemporary banking. It first discusses the role of banks in the economy, offering a brief account of the role of the financial system in capital allocation and risk management as well as key bank functions in this respect. It then details the rise and fall of the multifunctional bank in the era of globalization, and the different aspects of the too-big-to-fail bank problem and its possible causes. It explains the international nature of bank regulation and the standard-setting and regulatory coordination provided by key transnational regulatory networks such as the Basel committee on Bank Supervision and the Financial Stability Board; discusses the legal definition of the term ‘bank’ in the US and of ‘credit institution’ under EU legislation; advances a new understanding of what the term ‘bank’ means in the post-2008 era.
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Christos V, Gortsos. « Part I Origin and Context of Capital Requirements for European Credit Institutions, 1 Historical Evolution of Bank Capital Requirements in the European Union ». Dans Capital and Liquidity Requirements for European Banks. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780198867319.003.0001.
Texte intégralRésumé :
This chapter provides an overview of the historical evolution of bank capital requirements and capital adequacy legislation in the European Union (EU) under the influence of international financial standards. It begins by reviewing bank capital adequacy requirements within the system of prudential banking regulation and dealing with the various sources of negative externalities in the banking system, the components of the so-called ‘bank safety net’. The chapter then looks at the international financial standards developed by the Basel Committee on Banking Supervision (BCBS) until the outbreak of the recent (2007–2009) Global Financial Crisis (GFC) and their impact on the shaping of the relevant EU banking legislation. It also traces the migration in 2010 from the so-called ‘Basel II’ capital adequacy framework to the ‘Basel III’ regulatory framework, before considering its incorporation into EU law in the context of the Banking Union. The emphasis is mainly placed on the basic provisions of the two legislative acts of the European Parliament and of the Council: the Capital Requirements Regulation (CRR) and the Capital Requirements Directive (CRD IV). Finally, the chapter studies the most recent (June 2020) amendments of the former legislative acts implemented amidst the current pandemic crisis.
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Cranston, Ross, Emilios Avgouleas, Kristin van Zweiten, Theodor van Sante et Christoper Hare. « 7. The Bank–Customer Relationship ». Dans Principles of Banking Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780199276080.003.0007.
Texte intégralRésumé :
This chapter focuses on the customer and the services which banks offer to customers. It begins by filling in some of the details about the customers of banks and modern banking services. In this context it gives attention to how the relationship between banks and their customers may be characterized as a matter of law. Contract emerges from this as the overarching feature of the relationship; thus, the second and third sections of the chapter discuss banking contracts and their regulation. The final section turns to a specific banking service, the taking of deposits. Historically this has been the core banking service, and deposit-taking has been central to any definition of banking.
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Bell, Stephen, et Hui Feng. « Quick-Fix Banking Reforms after the Asian Crisis, 1997–2002 ». Dans Banking on Growth Models, 73–86. Cornell University Press, 2022. http://dx.doi.org/10.7591/cornell/9781501762529.003.0005.
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This chapter analyzes how the growth model was consolidated from the early 1990s under the so-called second era of reform. This era was marked by a reformist leadership that emerged from the struggles after the Tiananmen crackdown in 1989. It describes the new Jiang-Zhu regime, which emphasized on coastal manufacturing development and the greater use of market-oriented reforms. The chapter looks at the period from the 1990s to the early 2000s that saw the first significant effort at banking reform with the introduction of national legislation further defining the role of the People's Bank of China (PBC) and the state-owned banks. As the PBC became an exclusive central bank, the Big Four banks inherited the PBC's commercial business and continued to dominate the banking system, becoming key agents of financial repression.
Rapports d'organisations sur le sujet "Banks and banking, Central – Law and legislation"
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Research Department - Central Bank - General - Royal Commission on Monetary & ; Banking Systems in Australia - Proposed Banking Legislation - Statistical returns to be furnished by Banks - Memoranda and Correspondence - 1936 - 1939. Reserve Bank of Australia, septembre 2021. http://dx.doi.org/10.47688/rba_archives_2006/16154.
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