Tesi: "Bankng Law"

1

Enchzajaa, Culuunbaataryn. "Impact of institutions on lending informal constraints and enforcement of bank regulation in Mongolia /". Wiesbaden : Deutscher Universitäts-Verlag, 2006. http://dx.doi.org/10.1007/978-3-8350-9007-1.

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2

Sin, Kam Fan. "Banker and customer : incidents of their relationship in a changing financial world /". Click to view the E-thesis via HKUTO, 1989. http://sunzi.lib.hku.hk/hkuto/record/B38906831.

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3

Ahmad, Abu Umar Faruq. "Law and practice of modern Islamic finance in Australia". View thesis, 2007. http://handle.uws.edu.au:8081/1959.7/38404.

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Thesis (Ph.D.)--University of Western Sydney, 2007.
A thesis presented to the University of Western Sydney, College of Business, School of Law, in fulfilment of the requirements for the degree of Doctor of Philosophy. Includes bibliographies.

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4

Yuspin, Wardah. "Facilitating the growth of Islamic banking law and Islamic banking in Indonesia : new laws and new challenges". Thesis, University of Leeds, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.713882.

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The growth of Islamic banking and financial services (IBF) industry has generated considerable interest in the financial world in recent decades with no exception in Indonesia. The legal infrastructure for the development of IBF in Indonesia has been strengthened with the enactment of Islamic Banking Law No. 21 of 2008. The law includes two new arrangements that are expected to bring about changes in the IBF industry; namely Articles 55 and 68. In light of those articles, it is also essential to observe the development and practice of this industry in selected countries; namely Malaysia and Pakistan. Despite the difference of their legal systems (the practice of the Common Law Systems there as opposed to the Civil Law System in Indonesia), these two countries have been chosen for the resemblance of their IBF industry with the one developed, practiced and offered in. Indonesia. Particularly in Malaysia, the promulgation of the Central Bank Act 2009 and the Islamic Financial Services Act 2013 were aimed at enhancing its legal infrastructure that will not only protect its IBF industry but will ensure stability, growth and confidence of all players and stakeholders. Substantively, Article 68 deals with the Islamic window/ Islamic unit separation. It is quite natural to conclude that Window Model serves only as a transitory mechanism. Therefore, that model is mandated and/or limited to be a mere spun-off or temporary structure for IBF institutions from their parent banks before subsequently becoming a full-fledged institutions. Since this is mandatory, any Islamic window that violates this provision will be fined, or further, their licence will be revoked. Meanwhile in those particular countries this model is still allowed and can be adopted by conventional banks offering IBF services. However, the conventional banks will only be allowed to, offer IBF services once they have demonstrated their serious commitment to IBF and have a clear roadmap towards full conversion of their operations into a full fledged Islamic bank. Whilst Article 55 (1) affirms that the religious court is the institution authorised to settle dispute on matters concerning Islam and the economy, Article 55 (2), nonetheless, provides that if the litigants are in agreement, they can choose to refuse submission to the jurisdiction of the religious court jurisdiction and alternatively choose another forum such as district court to adjudicate the dispute. The selection and submission to another forum, such as the district court, can potentially bring about a conflict of authority and jurisdictions between the district courts and the religious courts. However, according to the decision of the Constitutional Court No.93PUU-X/2012 the Islamic financial disputes fall under the absolute competence of the religious court. While in those selected countries, the Islamic disputes are tried and heard before the jurisdiction of their civil courts, despite the fact that there is a designated civil court in Malaysia that will handle disputes relating to IBF. That choice of forum to render decision on this dispute raises the problem, since many judges who render decision on this case are in favour of the civil law rather than Shari'a (Islamic law). While the Islamic disputes are not merely commercial disputes but involves the questions of Shari matter(s). In this regards, a closer scrutiny on the Malaysian Central Bank Act 2009 will be useful since it provides for reference to the Shari'ah Advisory Council by the courts or arbitrators adjudicating matters relating to IBF disputes. With the rapid advancement of IBF industry and various products and services it offers, disputes are then inevitable. Premised on this realization, this thesis strongly examines and advocates that a proper and strong legal framework and infrastructure as well as substantial support of the legal fraternity are crucial prerequisites for a healthy advancement and significant growth of IBF industry. Therefore with the inclusion the Art 68 and 55 of the Islamic Banking Law, this industry is seen moved towards this advancement.

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5

Sin, Kam Fan, e 單錦帆. "Banker and customer: incidents of their relationship in a changing financial world". Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1989. http://hub.hku.hk/bib/B38906831.

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6

Schroeder-Hohenwarth, Jan. "Staatliche Regulierung und die Krise des kamerunischen Bankensystems von 1986-1997 /". Marburg : Tectum, 2002. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=009765964&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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7

Zaleskienė, Jolita. "Bankų teisės šaltiniai". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2006~D_20061220_144643-94659.

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Šis darbas analizuoja Lietuvos bankų teisės šaltinius, atskirai išskiria ir aptaria kiekvieno iš jų svarbą Lietuvos bankų teisės reglamentavimui. Trumpai apžvelgiama bankų teisės samprata, bankų teisės sistema, teisės šaltinio sąvoka. Atskirai aptariama bankų teisės normų sisteminimo reikšmė. Darbe nagrinėjami Lietuvos bankų teisės kaip atskiros teisės šakos bei bankų teisės aktų, reglamentuojančių bankų teisinius santykius, ypatumai. Analizuojant bendrus teisės šaltinius atitinkamai parodoma jų vieta bankų teisės šaltinių sistemoje, nes teisingas bankų teisės šaltinių įvertinimas, jų vietos nustatymas teisės šaltinių hierarchijoje leidžia teisingai pritaikyti bankų teisės normas praktikoje. Darbe nagrinėjami ne tik banko teisės šaltiniai, teisinio reglamentavimo problematika, tačiau atskleidžiama ir pačio bankų teisės instituto, teisės šaltinio specifika, trumpai aptariama bankų teisės samprata, jos formavimosi prielaidos. Siekiant plačiau atskleisti bankų teisės sistemų įvairovę, trumpai apžvelgiama užsienio valstybių bankų teisė, jos reglamentavimas bei sisteminimo problemos ir tendencijos.
Peculiarities of banking law of the Republic of Lithuania as a separate branch of law as well as peculiarities of banking law acts regulating legal relations of banks are analyzed in the paper. By analyzing general sources of branches of law, their position in the system of banking law sources is indicated, for righteous assessment of sources of banking law, institution of their position in hierarchical system of law sources enables to put into practise the rules of banking law. Not only sources of banking law and topics of legal regulation are analyzed but also institution of banking law itself and particularity of a law source is inducted, as well as conception of banking law and premises of its formation are briefly discussed in the paper. In order to induct variety of systems of banking law more widely, banking law of foreign countries, its regulation as well as problems and tendencies of systematization are briefly reviewed. While reviewing the system of banking law sources, every banking law source is separately analyzed in the paper as a separate banking law act: the Constitution of the Republic of Lithuania, ratified international treaties, laws, post-law legal acts and additional – facultative – banking law sources – doctrine, customs, principles, and court practice. Their arrangement in hierarchical system of law sources is discussed by determining position and significance of each of them in the system of law sources. Changes of law sources in the context of... [to full text]

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8

Eltayeb, E. A. "Aspects of banking law : Sudanese and English law compared". Thesis, University of Exeter, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.374707.

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9

Gomis-Porqueras, Pere. "Monetary policy, volatility and the banking system /". Full text (PDF) from UMI/Dissertation Abstracts International, 2001. http://wwwlib.umi.com/cr/utexas/fullcit?p3008341.

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10

Al-Khadash, Husam Aldeen Mustafa. "The accounting measurement and disclosure requirements in Islamic banks : the case murabahah and mudarabah /". View thesis View thesis, 2001. http://library.uws.edu.au/adt-NUWS/public/adt-NUWS20030416.150843/index.html.

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Thesis (Ph.D.) -- University of Western Sydney, Macarthur, 2001.
A thesis presented to the University of Western Sydney, Macarthur, in partial fulfilment of the requirements for the award of the degree of Doctor of Philosophy, March, 2001. Bibliography : leaves 244-264.

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11

Njie, Matarr. "The impact of financial liberalization on the banking industry in Malaysia". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2007. https://ro.ecu.edu.au/theses/314.

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This dissertation makes a contribution towards the creation of a greater understand ing of the process of financial liberalization and the role of government during this process by arguing that financial liberalization and government intervention are not necessarily mutually exclusive processes. By analysing the strong nexus that exists between government and the finance industry in Malaysia under the country's gradualist approach to financial liberalization, the dissertation shows that contrary to popular theory, this type of financial reform can also impact positively on a country's banking industry. This suggests that the notwithstanding financial liberalization, government interventions would still be needed to correct for market failures and that such interventions can take place even where the financial reform programmes are being implemented.

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12

Wan, Qun. "A legal perspective on the disposition of non-performing loans and bank restructuring : a study of China's state-owned commercial banks /". View the Table of Contents & Abstract, 2006. http://sunzi.lib.hku.hk/hkuto/record/B35082690.

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13

Kojima, Koji. "Determinants of managers' choices in the Japanese banking industry /". Thesis, Connect to this title online; UW restricted, 2004. http://hdl.handle.net/1773/8799.

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14

Al-Khadash, Husam Aldeen Mustafa. "The accounting measurement and disclosure requirements in Islamic banks : the case of Murabahah and Mudarabah". Thesis, View thesis View thesis, 2001. http://handle.uws.edu.au:8081/1959.7/827.

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This research has three main purposes. First, it discusses the differences between the conventional and the Islamic perspectives of accounting in terms of the accounting definition, objectives, principles, rules, measurements and disclosure requirements. Second, it discusses and formulates the accounting measurements and the disclosure requirements, which should be applied in Islamic banks for Murabahah and Mudarabah operations.Third, to provide insight into the current practice of these measures and requirements, the study reports the results of a survey which aims at identifying the gap between the suggested measures and requirements and the current practice of the Dubai Islamic Bank and the Jordan Islamic Bank. The analysis reveals that there are differences between the conventional and the Islamic perspectives of accounting. It also indicates the need for specific accounting measures for Murabahah and Mudarabah operations as well as the need to disclose more information about these operations and their accounting measurement methods in an Islamic bank's annual reports as well as in other disclosures.Finally, the direction for future research on Islamic banks operations and their accounting measurement problems are presented

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15

Zhang, Lin VanHoose David D. "Could sub-debts of banks be potential tools for supervision? Empirical study with data set 1999-2007 /". Waco, Tex. : Baylor University, 2008. http://hdl.handle.net/2104/5183.

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16

Jusoh, Amir Fazlim. "Alternatives to bai' al-'inah with special reference to maslahah mursalah in the Malaysian banking and finance industries". Thesis, University of Aberdeen, 2016. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=229505.

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This thesis aims at investigating the validity of baiʿ al-ʿīnah, not only in classical terms but also in modern practice in the Malaysian banking industries. It also examines modes of Islamic personal financing, apart from baiʿ al-ʿīnah, which are currently practised, or may potentially be used in the future, and their validity, viability and marketability as Islamic financing tools. They include classical and organised tawarruq, rahn-based qarḍ, qarḍ and sale financing, takāful-based qarḍ and hibah-sale based financing. It also investigates the proper legal foundation for the alternatives, namely maṣlaḥah mursalah and its connection with ḥīlah and, whether or not the former could replace the latter as an Islamic legal foundation. Furthermore, it examines parameters for the alternatives to be Sharia compliant. Analysis is confined to the instrument of baiʿ al-ʿīnah in personal financing by using the primary and secondary sources of Sharia through legal analysis of uṣūl al-fiqh. It is concluded that the application of baiʿ al-ʿīnah in the Malaysian banking industries should not be solely referred to the ruling of the instrument in its classical form. Contemporary baiʿ al-ʿīnah is considered non-Sharia compliant if the instrument contains one of the prohibited elements such as the element of a sale for a sale, a sale for a qarḍ, a sale with invalid conditions, selling unavailable or unpossessed items, selling without the responsibility to guarantee and non-Sharia ḥīlah. Any alternative to baiʿ al-ʿīnah could be based on maṣlaḥah mursalah or ḥīlah sharʿīyah to comply with their requirements. The instruments of salam-based financing, classical and organised tawarruq, rahn-based qarḍ, takāful-based qarḍ and hibah for a reward financing have the qualities to replace baiʿ al-ʿīnah as Sharia compliant personal financing instruments.

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17

Wang, Wei. "National treatment and China's post-WTO banking law". Thesis, Queen Mary, University of London, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.522590.

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18

Seatzu, Francesco. "Insurance in private international law : a European perspective". Thesis, University of Nottingham, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.364461.

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19

Sofola, Olatokunbo. "The Nigerian law of consumer credit and security". Thesis, King's College London (University of London), 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.268316.

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20

Choe, Wongi. "Political institutions and politics of financial patronage after liberalization : Argentina, Korea, and Thailand in the 1990s /". Thesis, Connect to this title online; UW restricted, 2005. http://hdl.handle.net/1773/10712.

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21

Hills, Thomas D. "The Recent Rise of Southern Banking". Digital Archive @ GSU, 2006. http://digitalarchive.gsu.edu/history_theses/9.

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Between 1984 and 1986 the legislatures of several southern states enacted changes to their banking laws that enabled banking companies in Southern Region states to acquire and be acquired by banking companies in other Southern Region states, as long as these companies qualified as “Southern.” The purpose of the compact was to allow some southern banking companies an opportunity to grow and gain financial strength before full interstate banking was permitted. This study shows that the compact was successful. In 1985 no southern banking companies were among the top ten banks in the country, but by 2005 four were. Furthermore, no major southern bank has been acquired by a U.S. banking company outside of the South, although several southern banking companies have bought banks in other regions. The southern economy and its banking industry have benefited, although the benefits have been unevenly spread among states.

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22

Kammel, Armin J. "The law of international banking institutions : a comparative analysis /". Vienna : Mille Tre, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/494675012.pdf.

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23

Fleifel, Bilal A. "Risk management in Islamic banking and finance the Arab Finance House example /". View electronic thesis (PDF), 2009. http://dl.uncw.edu/etd/2009-3/fleifelb/bilalfleifel.pdf.

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24

Budd, Daniel. "An empirical investigation of the value-relevance of internet web traffic and bank revenue on Arab banks’ comparative efficiency performances". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2010. https://ro.ecu.edu.au/theses/157.

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This thesis empirically investigates comparative efficiency performances of the top Arab banksu sing Data Envelopment Analysis (DEA) and Principal Components Factor Analysis (PCFA). For the first time an attempt is made to use the volume of internet website tracking (as a proxy for internet banking) and revenue as output variables, to provide a signal for bank performances. The methodology highlights the importance of the ‘best practices’ associated with high efficiency performance measures of internet web traffic and revenue outputs. Cross-sectional data for the year 2008 is used to conduct the analysis. Use of web statistics from Alexa.com provides a unique of source of non-financial information of Arab banks to link with revenue output to derive a performance indicator derived from the DEA output. Using PCFA as a means of a data reduction technique of DEA results provides a procedure to explore how much information can be extracted from the final DEA scores. The objective of PCFA is starting from a set of observed variables (DEA efficiencies scores obtained from various input/output combinations), to create a smaller set of independent variables that explain the correlations existing between the original variables. These new variables, the principal components, are in general, not observed, but they tend to have a meaning. Data collection reveals opacity and lack of consistency in official reporting. Results from the analysis of the sixty-two Arab banks clearly identify disparities exist between Arab banks’ comparative efficiency performances. The top technically efficient scoring banks were not necessarily the larger banks. Banks that were efficient were not necessarily profitable. Finallyno significant relationship was detected between large banks that are efficient at generating website visits are also efficient at generating revenues. Smaller banks reveal more empirical evidence of comparative efficiency performance towards generating website traffic output. From a policy perspective, this study highlights the importance of encouraging increasedtechnical efficiency throughout the banking industry in the Arab world. The use of recently constructed and publically available web metrics now opens new avenues for future research involving internet banking within a background of developing banking technological awareness and competition. In addition, the unique data set provides a benchmark of individual Arab banks’ relative efficiency performances for present and future analyses to be undertaken.

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25

Zwiefelhofer, Thomas. "Die Sorgfaltspflichten des liechtensteinischen Geldwäschereirechts verglichen mit den entsprechenden Bestimmungen des schweizerischen Rechts /". Zürich : Schulthess, 2007. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=015610814&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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26

Björklund, Iréne, e Lisbeth Lundström. "Islamic Banking - An Alternative System". Thesis, Kristianstad University College, Department of Business Administration, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-3145.

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Islamic banking is an investment and financing system which expands globally. The Islamic banks have only been established for some 30 years but the banking system is based on long-going traditions within Islamic finance. The system is founded on ethical values and emphasises the well-being of society as a whole.

Islamic banking is different from conventional banking in most aspects, since its close tie to religion is very important. The system is not based on interest, as it is prohibited in Islam. Instead Islamic banks offer various kinds of accounts and a range of financing alternatives all complying with the Islamic Law – Shari’a. To work according to Shari’a is crucial for the banks and their activities are controlled by a special Religious Supervisory Board working within the bank.

The implementation of the Islamic banking system varies to some extent between Islamic countries. It has been influenced by its connections to politics of and the history in the countries where the system operates. As a result to the variations between the states’ implementation, the need for harmonisation increases as the expansion of Islamic banks continues. Several organisations work to achieve international standardisation and harmony to make the banking activities more transparent and attractive. The achievement of harmonisation as well as the performance of the banks is crucial for the future of Islamic banking.

The dissertation is based on extensive literature review and a personal interview with a professional within an Islamic bank in Lebanon.

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27

Eriksson, M., e C. Schuster. "Customer loyalty in Internet banking". Thesis, Kristianstad University College, School of Health and Society, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-4808.

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In the recent years the way to do banking has changed. Internet banking has grown and a lot of niche banks working mainly with the Internet as a medium has entered the Swedish bank market. How to keep the customer loyal online in a very competitive environment has become a main question for the banks.

The aim of this dissertation is to test what factors impact bank customer loyalty in an online environment. A positivistic research philosophy, a deductive research approach, an explanatory purpose and a quantitative research method are adopted for the research.

It was found that customer satisfaction, corporate image and brand reputation and generation are factors that impact bank customer loyalty online. Switching costs, perceived service value and commitment show tendencies to impact bank customer loyalty online.

Since little research has been done on the topic bank customer loyalty, this dissertation may be of interest for researchers on customer loyalty and also for research on online loyalty for service companies. Moreover, the findings can be used as guidance for banks that want to develop their online banking and want to make sure they do everything possible to have loyal customers.

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28

Wu, Qiongbing The school of banking &amp finance UNSW. "International finance: issues related to law and financial development". Awarded by:University of New South Wales. The school of banking and finance, 2006. http://handle.unsw.edu.au/1959.4/23416.

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This dissertation examines three distinctive issues that concern the regulators and policy makers in the development of financial markets. It contains three stand-alone research projects within the context of law, finance and economic growth. Chapter 2 examines the dynamic relationship between banks and economic growth from the points of view of market efficiency and asset pricing theory. Publicly traded banks are broadly representative of a country???s banking sector, so that banking industry stock prices will broadly reflect the performance of a country???s banking sector. Because previous research has established that the institutional framework, as well as the aggregate size, of the banking sector can significantly affect economic growth, this chapter investigates whether the stock returns on a country???s banking sector contain information about future economic growth, and whether the specific country and institutional characteristics that affect the functioning of the banking system and market efficiency also influence this relationship. Using the data from 18 developed and 18 emerging markets, the chapter finds a significant and positive relationship between bank excess return and future economic growth in both the time-series and panel analyses. The chapter also finds that this positive relationship is significantly strengthened by the enforcement of insider trading law, by banking crises, by bank disclosure regulations and financial development, but is weakened by government ownership of banks. Chapter 3 investigates the role of bank idiosyncratic volatility in economic growth and systemic banking crises. Using the same dataset from Chapter 2, this chapter finds an ambiguous relationship between bank volatility and economic growth in the time-series studies, which suggests that the effect of bank volatility on economic growth is more country-specific. In the panel analyses, the chapter finds a negative but very weak relationship between bank volatility and future economic growth. This negative relationship is magnified by banking crises and bank disclosure standards, but is alleviated by the government ownership of banks, the enforcement of insider trading law and financial development. The chapter goes further to examine whether bank volatility leads to the occurrence of systemic banking crises, and finds that the marginal effect of bank volatility on the probability of banking crises is very weak for the sample of all markets, and this result is mainly driven by the data from the emerging markets. However, bank volatility is a significant predictor of banking crises even after being controlled for macroeconomic indicators, which implies that market forces are more powerful in promoting the soundness of the banking system in developed markets. We also find that those macroeconomic and banking risk management indicators have different impacts on the probability of banking crises for the emerging and developed markets. Therefore, caution needs to be taken in interpreting the cross-country results of the studies on banking crises. Chapter 4 studies the corporate governance issues in China, a significant developing country that has been neglected by the current law and finance literature. Incorporated with the legal environment and ownership structure of China???s listed companies, the chapter develops a simple game model to study a neglected aspect of current corporate governance literature: the expropriation arising from the mixture of weak investor protection, ownership concentration coexisting with ownership dispersion, and the absence of a controlling shareholder. The last two chapters find that government ownership undermines the positive link between bank excess return and economic growth, but alleviates the negative impact of bank volatility on growth as well. This chapter shows that government ownership is also a two-edged sword in corporate governance in China: it leads to a double-agency problem; however, the strong legal protection of State assets also increases the cost of expropriation. Using the data from 1996 to 2003, the chapter finds the empirical evidence consistent with the model. By analysing the puzzles in China???s stock market, the chapter suggests that improving the legal protection of investors is the key issue in the future development of the financial market.

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Baamir, Abdulrahman. "Saudi law and judicial practice in commercial and banking arbitration". Thesis, Brunel University, 2009. http://bura.brunel.ac.uk/handle/2438/6599.

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This thesis examines various issues of arbitration law and practice in relation to the Islamic Shari’a law and the law of Saudi Arabia in general, and for arbitration in conventional banking disputes in particular. The thesis found that the Shari’a regulates arbitration tightly compared to other contemporary developments as no fundamental differences were found to exist between the classical Shari’a arbitration rules and the Saudi arbitration regulations, which represent the codification of the Hanbali law of arbitration. Unlike other arbitration laws, almost all kinds of disputes can be settled by arbitration in Saudi Arabia, and these include family and some criminal disputes such as murder and personal injuries. Moreover, this thesis demonstrates the difference between Islamic law and Saudi law. The latter is more comprehensive as it includes Islamic law and the borrowed Codes and Acts of the laws of other nations. The legal status of banking interest under the Saudi law is not clearly defined and it is not clear whether riba contradicts with the public policy of Saudi Arabia or not. This uncertainty has an impact on arbitration related to banking disputes and has led me to conclude that arbitration is not the best method for settling disputes involving domestic conventional banking business. Although resorting to the Committee for the Settlement of Banking Disputes of SAMA might provide a better solution, the decisions of the Committee are not “strong” enough to be fully enforced and the payment of interest continues to be an avoidable obligation in Saudi Arabia; therefore, the thesis examined the alternative remedies for both domestic and international banking arbitration. The thesis also found that if the enforcement of an international arbitration award is sought in Saudi Arabia, the award will be subject to the mandatory application of Shari’a law, which in addition to the imposition of interest, prohibits also certain kinds of commercial contracts.

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Schneider, Thomas. "Möglichkeiten und Grenzen der Umsetzung der gesellschaftsrechtlichen und bankenaufsichtsrechtlichen Anforderungen an Risikomanagement auf Gruppenebene /". Berlin : Duncker & Humblot, 2009. http://d-nb.info/997399570/04.

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31

Bin, Ishak Muhammad Shahrul Ifwat. "The principle of Maʻalat as a response to Maṣlaḥah in Islamic banking : a theoretical and empirical study". Thesis, University of Aberdeen, 2017. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=237156.

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32

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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33

Economopoulos, Andrew James. "Impact of free banking on the free banking market". Diss., Virginia Polytechnic Institute and State University, 1985. http://hdl.handle.net/10919/54288.

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This dissertation examines the free banking laws of seven states and the impact of three provisions of the laws on the states' banking experience. In Chapter I, a review of two current theories of the free banking experience is presented. One theory contends that the laws themselves induced the banking experience of the states. The second theory asserts that economic activity induced the banking experience. This study includes a discussion of both theories in the analysis of the provision's effect on the banking experience. In Chapter II, a simple model of the operations of a free bank is presented. Also, the laws of the seven states that determine the establishment and the operations of a free bank are reviewed. The review reveals that the states enacted similar provisions, but restrictions included in the provisions differ considerably. In Chapter III, the experiences of the states are examined. The states represent a spectrum of banking experiences. The experiences of each state are characterized by four measures; the entry rate, the failure rate, the below par rate, and the average loss per dollar. Each of these measures reflects a different aspect of banking behavior and each is examined in order to determine the effect of the provision and the effect of economic activity on the behavior of the free banks. The analysis shows that both the provisions and the economic activity influence bank behavior. In Chapter IV, a theoretical analysis of the effect of the stockholders liability provision on entry and on the bank's portfolio is developed. The theory shows that an increase in the stockholders liability of a free bank reduces entry into the free banking market and increases the risky asset-capital ratio of the free bank. The testing of the theories is presented in Chapter V. The empirical evidence confirms the hypothesis that an increase in the liability of the stockholders increases the risky asset-capital ratio. The evidence does not confirm the hypothesis that an increase in the liability of the stockholder reduces entry.
Ph. D.

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34

Al-Khadash, Husam Aldeen Mustafa, University of Western Sydney, College of Law and Business e School of Accounting. "The accounting measurement and disclosure requirements in Islamic banks : the case of Murabahah and Mudarabah". THESIS_CLAB_ACC_AlKhadash_H.xml, 2001. http://handle.uws.edu.au:8081/1959.7/827.

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This research has three main purposes. First, it discusses the differences between the conventional and the Islamic perspectives of accounting in terms of the accounting definition, objectives, principles, rules, measurements and disclosure requirements. Second, it discusses and formulates the accounting measurements and the disclosure requirements, which should be applied in Islamic banks for Murabahah and Mudarabah operations.Third, to provide insight into the current practice of these measures and requirements, the study reports the results of a survey which aims at identifying the gap between the suggested measures and requirements and the current practice of the Dubai Islamic Bank and the Jordan Islamic Bank. The analysis reveals that there are differences between the conventional and the Islamic perspectives of accounting. It also indicates the need for specific accounting measures for Murabahah and Mudarabah operations as well as the need to disclose more information about these operations and their accounting measurement methods in an Islamic bank's annual reports as well as in other disclosures.Finally, the direction for future research on Islamic banks operations and their accounting measurement problems are presented
Doctor of Philosophy (PhD)

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35

Acheson, G. G. "Law, finance and liability regimes : essays in Scottish and Irish banking". Thesis, Queen's University Belfast, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.431398.

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36

Olanipekun, Oladapo Olumide. "Banking regulation and deposit insurance : legal and comparative perspective". Thesis, Queen Mary, University of London, 2008. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1581.

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A major point of debate in most financial systems is the relevance, form and scope of regulatory intervention, particularly on the trade-off between the benefits and costs of regulation. Deposit insurance is a prominent part of most modern regulatory financial safety nets. As with banking regulation in general, it is still debatable whether deposit insurance is necessary in all cases. While most deposit insurance schemes have the joint aims of financial stability and depositor protection, there are inherent difficulties posed by the introduction of such schemes, in particular the moral hazard and agency problems. For the purpose of this thesis, these difficulties have been generally termed as the deposit insurance problem. A number of issues arise for consideration if deposit insurance is to be provided. The thesis argues that the optimal design of deposit insurance schemes is dependent on three factors: an effective system of bank supervision and regulation; identification and prioritisation of the policy objectives which the scheme is to achieve; and adoption of incentive-compatible systems in line with sound practice guides but tailored to country-specific circumstances. There is generally no fixed or absolute model for all states. The thesis involves an assessment of deposit insurance schemes in the United Kingdom, the United States and Nigeria. An assessment of these schemes, as well as international and regional developments, will show that cross-country differences should play an important factor in the adoption or reform of deposit insurance schemes, but that there arc common concerns for policymakers whatever the distinctiveness of local circumstances. The challenge for policymakers is how to achieve a fair balance between the protection of depositors and banking system stability on the one hand and minimizing elements of the deposit insurance problem on the other hand. The aim is to recommend a future course of reform that includes a general support model and specific recommendations for the jurisdictions that are examined

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37

Makwiramiti, Anthony Munyaradzi. "The implementation of the new capital accord (BASEL II) : a comparative study of South Africa, Switzerland, Brazil and the United States". Thesis, Rhodes University, 2009. http://hdl.handle.net/10962/d1002717.

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The international banking environment has become potentially riskier because of the recent developments in financial services and products which have changed the way banks do their day to day business. Imposing minimum capital adequacy regulations is one way of fostering stability in the global banking system. A number of countries have started to implement the new capital adequacy rules (Basel II) following the worldwide consensus among central bankers that bank‟s capital levels should be regulated to enhance global financial stability. In this study, through the comparative analysis of the general implementation issues it was established that emerging countries apply all Basel II rules uniformly across all the banking institutions that operate in their territories. Developed countries apply these rules only to large and internationally active banks and because of the diversity of their banking industries, they also apply domestically modified rules to the domestically based banks. For the successful implementation of Basel II, properly planning, devoting bank resources and making necessary legislative amendments are prerequisites for incorporating Basel II into the regulatory framework for any country. The study concludes that the current global financial turmoil continues to pose a threat to the effectiveness of the Basel II rules which are aimed at achieving global financial stability.

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38

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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39

Owodunni, Adeola Abimbola. "Bank lending on the security of land : a comparative study of English and Nigerian law". Thesis, University of Reading, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.280298.

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40

Borodina, Kristina. "The Icelandic Banking Saga : The ways to deal or not to deal with a systemic banking crisis". Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-363982.

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Abstract (sommario):

Every key feature of the Icelandic banking in the run-up to the 2008 year meltdown can be viewed as an emblem of the concept systemic banking crisis. The concept of a banking crisis is usually defined as “an event that shows significant signs of financial distress in the banking system and which is usually associated with significant bank runs, big losses in the banking system and bank liquidations.”[1]The detailed bank data, attained after the secrecy laws were being lifted after the crisis,[2]sheds light on five core problems that, in my estimate, portray the Icelandic crisis the best. These problems are unreliable deposit insurance system, fictional collaterals, inside dealing, the inadequacy of foreign reserves and supervision problems. Due to banks’ central role in economic welfare, the main scope of the regulations and laws in the area of banking is to contribute to operational stability in financial corporations, increase the credibility of the system, protect the customers and increase the confidence of the public. Failure of one bank can lead to disastrous consequences for the whole economic system.[3]Probably one of the most critical situations is a scenario of a bank run. Bank runs are usually seen as depositors’ reaction to fear about the bank’s solvency.[4]They are usually characterized by a massive simultaneous withdrawal from banks that in many cases may lead to liquidity problems due to the liquidity mismatch of the banks.[5]A bank’s liquidity is defined as bank’s capacity to quickly react to a sudden withdrawal without having to sell off illiquid assets.[6]The phenomenon of bank runs has two very particular features: (1)they are associated with a tendency to “run” as soon as there is a signal of potential solvency problems, and (2) a tendency to create feedback.[7]The first feature implies that the depositors are most likely to withdraw their funds as soon as they see the slightest sign of potential insolvency. The second feature is a reaction to the first signal, when depositors, who not necessarily believe in signals, run because they do not want to be the last ones to withdraw their money. Lost confidence in one bank may eventually spread to other banks and result not just in a failure of the banks involved, but even in a systemic failure. In light of the aforesaid, many countries take different measures to prevent bank runs and financial panic. Among these measures is an establishment of deposit-guarantee schemes( DGS).[8] The significant increase in deposits in Icelandic banks not only had the effect of transforming the financing of the Icelandic banking system but, as it will be discussed in the next chapters, eventually led to catastrophic consequences as about half of the deposits were deposited with the banks’ branches abroad and in foreign currency. This increase of deposits in foreign branches resulted in a substantial increase in the obligations of the Icelandic Depositors’ and Investors’ Guarantee Fund(TIF).[9]However, the TIF was unable to cope with such an increase. When depositors lost trust in Icelandic banks, and when there was no clear information whether the TIF covered the branches of Icelandic banks in the UK and Netherlands, a scenario of bank run was inevitable. Bank runs were seen not only in Iceland but also at the branches and subsidiaries of the Icelandic banks abroad. As stated above, a scenario of a bank run usually involves many depositors simultaneously withdrawing their deposits from a bank, which in its turn causes liquidity problems.[10]In the Icelandic case that is precisely what happened with bank accounts in Icelandic branches in the UK and Netherlands, since Icelandic banks were experiencing big liquidity problems in foreign currency.

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41

Walker, George Alexander. "European banking and financial law : a study in policy and programme construction". Thesis, University of Oxford, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.410997.

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42

El, Sharif Bahgat Bahgat Khalil. "Law and practice of profit-sharing in Islamic banking with particular reference to mudarabah and murabahah". Thesis, University of Exeter, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.280677.

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43

Chan, Ricky Chi Wai. "Use of different techniques to resolve disputes between banks and their customers in Hong Kong". access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20833234a.pdf.

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Thesis (M.A.)--City University of Hong Kong, 2005.
"Dissertation in part fulfillment of Master of art in arbitration and dispute resolution" Title from title screen (viewed on Mar. 27, 2006) Includes bibliographical references.

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44

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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Abstract (sommario):

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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45

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.

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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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46

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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47

Roy, Friedemann. "Niederlassungsrecht und Kapitalverkehrsfreiheit in Polen, Tschechien und Ungarn die Auswirkungen der Europa-Abkommen auf die Tätigkeit der Kreditinstitute /". Wiesbaden : Deutscher Universitäts-Verlag, 2002. http://catalog.hathitrust.org/api/volumes/oclc/53057487.html.

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48

Babis, Stavroula-Valia. "Regulation and supervision of cross-border banking groups : the legal perspective". Thesis, University of Cambridge, 2014. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.708322.

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49

Shaharuddin, Amir. "A study on Mudarabah in Islamic law and its application in Malaysian Islamic banks". Thesis, University of Exeter, 2010. http://hdl.handle.net/10036/107900.

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The contrast between the theory and practice of Islamic banking is generally acknowledged by many scholars. After more than three decades in operation, the rapid growth of the Islamic banking industry is, in reality being driven by the application of the debt-like contracts (e.g. murÁbaÎah and ijÁrah) rather than the profit and loss sharing contracts (e.g. muÃÁrabah and mushÁrakah). As the adaptation of the former contracts creates "unauthentic" Islamic financial products, many have questioned their compliance with sharÐÝah principles. The present study analyses this issue by examining the application of muÃÁrabah rules in Malaysian Islamic banking practices. It evaluates the extent to which the current practices fulfil the principles and the ethical framework of the muÃÁrabah contract as propounded by the classical jurists. The study also analyses the justifications of Malaysian sharÐÝah scholars for modification of the doctrine, adapting it to the modern banking business. The study found that the local sharÐÝah scholars have adopted an incoherent legal methodology when making their ijtihÁd. They can be very rigid, concentrating solely on the legal technicality and at the same time be very flexible, adapting an unregulated doctrine of maÒlaÎah. Therefore, some of their resolutions could be seen as contradictory to the rulings found in classical fiqh.

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50

Holz, Brandus Eva. "Banking in MERCOSUR : liberalisation and integration : policy reflections". Thesis, Queen Mary, University of London, 2006. http://qmro.qmul.ac.uk/xmlui/handle/123456789/28505.

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This thesis studies MERCOSUR Agreements in the area of banking services. The core issue of this study is to examine whether the present and potential benefits arising from MERCOSUR Agreements - as they have been designed and implemented - are worth the risks and difficulties underscored of the liberalisation and integration processes. For the proposed analysis, first of all a presentation is made of the context in whichMERCOSUR integration is inserted (Chapter I). This means the trends towards globalisation, internationalisation and liberalisation present today in Latin America's financial sector. In the second place (Chapter Il), the Asuncion Treaty and MERCOSUR complementary Protocols are described. Thirdly (Chapter Ill), the regulations and structures generated in the MERCOSUR in relation to banking services are presented. Chapter IV describes countries financial legislation and regulation. Subsequently (Chapter V Section 1), the obstacles to liberalisation and integration present today in the instruments, bodies and specific provisions regarding the banking sector in the MERCOSUR and in the internal legislation of its Party States, are gone into in depth. Finally, (Chapter V Section 2), an explanation is given of the impact of the Brazilian and Argentine economic crises since 1999 on the MERCOSUR integration process, in macroeconomic and unilateral trade measures. The author's principal conclusion is that the MERCOSUR framework has a positive potential and may contribute to the economic growth and wellbeing of the countries and societies it involves. For the further development and enhancement of its positive effects, MERCOSUR should avoid or at least mitigate the risks and difficulties involved in the opening up processes. The author suggests some concrete strategies for future negotiations in the context of MERCOSUR, FTAA, GATS or other liberalisation agreements involving Latin American countries.

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Tesi sul tema "Bankng Law"

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