This thesis focuses on the search for accountability processes related to the standard setting powers of a transnational regulatory network that operates in the highly complex and uncertain environment of global finance: the Basel Committee on Banking Supervision (BCBS). The thesis draws upon and builds on two main resources: the academic literature from international law, political science, international relations and public administration about the concept of accountability and- as a theoretical framework - Niklas Luhmann's idea of communication which suggests that communication is a selection process rather than a process of transmission. In this selection process the idea of meaning in the sense of a common understanding is paramount. The analysis focuses on the key milestones of the Basel Committee's work: the Concordat, as well as the Basel I, Basel II and Basel III accords. The thesis also draws on a qualitative original data set compiled by the author, made up of extracts of discussions of the Basel Committee's work in the international financial journalistic press. Additionally, official documents and press releases from the BCBS were coded by classifying them into common themes (such as minimum capital standards or the delay on the implementation timetable of Basel III) and the thesis' analysis assessed whether they formed part of an accountability process (i.e., whether they asked for an account, responded to an accountability claim, judged an accountability claim and referred to which consequences should follow the judgement). On the basis of this thematic analysis the thesis identifies five accountability processes in relation to the work of the Basel Committee based on communication. These revolve around the standards for minimum capital requirements in Basel II, the standards for debt exposures of banks lending to small and medium size enterprises, the over complexity of the Basel III accord, the alleged detrimental effects of the Basel accord for US banks, and the delay in the schedule to implement Basel III. Drawing on Luhmann's ideas about communicative events, the thesis develops a novel account of communicative accountability that explains accountability as the decentred and flexible communicative interaction between an accountor and an accountee whose communications have to resonate with an epistemic community. This epistemic community plays the role of a social system in which expectations about the exercise of regulatory powers of the Basel Committee are managed. The thesis argues that this process of communicative accountability can be empirically traced and that it is significantly facilitated by reliance on a shared language and expertise of a common professional community to which both the Basel Committee and a wider professional community belong to. The thesis argues that while the concept of communicative accountability developed through the research can be used to identify processes which seek to render TRNs like the BCBS accountable, these processes may also lack sufficient legitimacy, in the sense of formal power from a recognized source such as a state or an international organization underpinning these accountability processes. Increased legitimacy matters because it would enhance certainty in an accountability process and therefore, help to identify more clearly the legitimate accountor and to uphold his or her authority to ask for the account. Hence, as a whole, this thesis contributes towards the quest for alternative ways of understanding and improving accountability mechanisms in relation to the exercise of regulatory powers by globalized regulatory institutions in a transnational sphere such as the BCBS.

Capital Adequacy of Commercial Banks The purpose of the thesis is to analyse particular capital adequacy issues. The thesis is composed of three chapters, each dealing with particular aspects of capital adequacy. The introductory Chapter One clarifies the meaning of capital adequacy. The thesis is based on two main aims. Chapter Two examines Basel Committee of Banking Supervision materials and following relevant EU and Czech legislation. The methodology used in this chapter vests in comparative analysis and legal analysis of current Czech national legislation. The first aim is to tackle the legal issues of implementation and effective enforcement of current capital adequacy rules, with concentration on the key problem of inconsistency of implementation among countries. The Chapter Three describes the reasons for adoption of new regulatory rules of capital adequacy in connection with recent turbulent changes in financial markets. To make a conclusion whether Basel III is a sufficient reaction is the second main aim. It focuses on analyse of the Basel III rules as a set with some practical notes on ongoing implementation in the world or in the Czech Republic in particular. The Basel Committee rules need to be implemented carefully. Whether by partial or incomplete implementation of Basel rules or by...

Data governance frameworks are critical to reducing operational costs and risks in the financial industry. Corporate data managers face challenges when implementing data governance frameworks. The purpose of this multiple case study was to explore the strategies that successful corporate data managers in some banks in the United States used to implement data governance frameworks to reduce operational costs and risks. The participants were 7 corporate data managers from 3 banks in North Carolina and New York. Servant leadership theory provided the conceptual framework for the study. Methodological triangulation involved assessment of nonconfidential bank documentation on the data governance framework, Basel Committee on Banking Supervision's standard 239 compliance documents, and semistructured interview transcripts. Data were analyzed using Yin's 5-step thematic data analysis technique. Five major themes emerged: leadership role in data governance frameworks to reduce risk and cost, data governance strategies and procedures, accuracy and security of data, establishment of a data office, and leadership commitment at the organizational level. The results of the study may lead to positive social change by supporting approaches to help banks maintain reliable and accurate data as well as reduce data breaches and misuse of consumer data. The availability of accurate data may enable corporate bank managers to make informed lending decisions to benefit consumers.

This dissertation presents a liquidity stress-testing model for evaluating liquidity and systemic risk in banks from developed and emerging economies respectively. The model further relies on simulations to generate liquidity buffer losses for both a non-crisis and crisis period as well. The emerging economy is represented by South Africa (SA) and the developed economy by the United Kingdom (henceforth UK). The Liquidity Stress Tester model (LST) has been successfully applied to both the Dutch and UK markets in previous research. The model's flexibility and adaptability allows it to assess different banking systems and different reactions (buffer restoration and leverage targeting) of participants within these milieus. The LST considers feedback effects arising from bank reactions and allows for the assessment of severely stressed haircuts and systemic risk increases caused by reputation degradation and increased contagion from other banks. Losses stemming from the second round effects of a liquidity event are explored through the reactions conducted by banks in the banking system. The study conducts a review of liquidity risk models utilised in previous research. Characteristics of these models and the data they used are highlighted, shedding light on the advantages and shortcomings of these models. Possible restrictions in liquidity risk management are also explored. The study discusses the relevance of the South African/UK economies' comparison, as well as the selected periods chosen for investigation. To assist further research with the LST, the study illustrates and discusses how it is modelled and developed in Microsoft Office Excel. The results obtained illustrate the potential severity of second round feedback effects of a liquidity event on liquidity positions in banks. The effects of mitigating actions conducted by banking institutions reacting to initial liquidity stress shocks are explored, as well as the way these actions could potentially affect second round effects on banks. The analysis and discussion of simulated results attempts to isolate and identify characteristics of economies and periods used that may have contributed to specific liquidity events. The study concludes with a summary of the research and suggestions for possible future work and development using the LST. / MCom (Risk Management), North-West University, Potchefstroom Campus, 2013

This dissertation presents a liquidity stress-testing model for evaluating liquidity and systemic risk in banks from developed and emerging economies respectively. The model further relies on simulations to generate liquidity buffer losses for both a non-crisis and crisis period as well. The emerging economy is represented by South Africa (SA) and the developed economy by the United Kingdom (henceforth UK). The Liquidity Stress Tester model (LST) has been successfully applied to both the Dutch and UK markets in previous research. The model's flexibility and adaptability allows it to assess different banking systems and different reactions (buffer restoration and leverage targeting) of participants within these milieus. The LST considers feedback effects arising from bank reactions and allows for the assessment of severely stressed haircuts and systemic risk increases caused by reputation degradation and increased contagion from other banks. Losses stemming from the second round effects of a liquidity event are explored through the reactions conducted by banks in the banking system. The study conducts a review of liquidity risk models utilised in previous research. Characteristics of these models and the data they used are highlighted, shedding light on the advantages and shortcomings of these models. Possible restrictions in liquidity risk management are also explored. The study discusses the relevance of the South African/UK economies' comparison, as well as the selected periods chosen for investigation. To assist further research with the LST, the study illustrates and discusses how it is modelled and developed in Microsoft Office Excel. The results obtained illustrate the potential severity of second round feedback effects of a liquidity event on liquidity positions in banks. The effects of mitigating actions conducted by banking institutions reacting to initial liquidity stress shocks are explored, as well as the way these actions could potentially affect second round effects on banks. The analysis and discussion of simulated results attempts to isolate and identify characteristics of economies and periods used that may have contributed to specific liquidity events. The study concludes with a summary of the research and suggestions for possible future work and development using the LST. / MCom (Risk Management), North-West University, Potchefstroom Campus, 2013

This thesis deals with the regulatory rules issued by the so-called. Basel Committee on Banking Supervision. It is an informal organization without legal personality, which operates at the Bank for International Settlements, and her published documents lack legally binding. This work has focused on two areas of activity of the Basel Committee - capital adequacy and corporate governance in the banking sector. Basel Committee on Banking Supervision is a leading authority in the field of banking regulation, which dates back to the mid-70s of the 20th century. The Basel Committee is composed of the governors of the central banks of the member states and organizations and currently represents a major authority in the banking, because the content of the documents of the Basel Committee incorporated into their legal systems for more than 100 countries worldwide. Basel Committee began issuing complex documents capital adequacy in July 1988, when the first document was posted under the abbreviated name of Basel I. Although it was a very imperfect adjustment and largely based on compromises rather than deeper analysis, Basel I meant the first major step towards supranational control of the capital adequacy of banks in order to eliminate the risks arising from their activities. Although, as with other...

The dissertation covers issues related to the definition of legal category "banking risk" as a variety entrepreneurial risk; set out modern approaches to legal regulation and management banking risks, their relationship with the principles Basel Committee on Banking Supervision; the concept of "legal risk" from the perspective of domestic banking regulator; management mechanism introduced legal risk in the implementation of the Basel standards banking supervision committee; other possible approaches to determining legal risk and its place in banking risk management system. / В диссертации освещены вопросы, связанные с определением правовой категории «банковский риск» как разновидности предпринимательского риска; изложены современные подходы к правовому регулированию и управлению банковскими рисками, их соотнесение с принципами Базельского комитета по банковскому надзору; исследовано понятие «правовой риск» с позиции отечественного банковского регулятора; представлен механизм управления правовым риском при реализации стандартов Базельского комитета по банковскому надзору; приведены другие возможные подходы к определению правового риска и его места в системе управления банковскими рисками.

Made available in DSpace on 2016-03-15T19:34:09Z (GMT). No. of bitstreams: 0 Previous issue date: 2014-02-14 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / The actual stage of capitalism is characterized by financialization of economy. This fact associated to the importance which financial institutions already had in the financial system strengthens their relevance at the same time that attract a lot of issues about the appropriated treatment they have receipt in order to continue in a normal operation and, in the eventual and natural crisis, the manner to reduce its negative effects and to contain the contagion. The universal character of the financial activity struggles with the local nature of sovereignty, which controls money and the operations of the institution in its territory. An international consensus leads to a pursuit for convergence in financial regulation, in order to avoid regulatory arbitrage and competitive problems, what is shown manly through the Basel Committee on Banking Supervision recommendations. Among these recommendations, there are the Core Principles for Effective Banking Supervision, which, in its turn, supports the need of flexible and quick instruments to supervisors adopt prompt measures to maintain the institution of the financial system operating in a prudential manner at the same time that these measures intend to avoid situation in what a special regime be the only alternative, with the problems associated with it. These are the preventive prudential measures, which will be analyzed in this dissertation, according to Brazilian law. / A fase presente do capitalismo é caracterizada pela financeirização da economia. Esse fato somado à importância que as instituições financeiras já possuíam no sistema financeiro reforça sua relevância ao mesmo tempo em que atrai uma série de preocupações com o tratamento apropriado que devem receber para que se mantenham em adequado funcionamento e para que, nas eventuais e naturais crises, sejam minoradas as consequências danosas e contidos o efeito de contágio. O caráter universal da atividade financeira se choca com a natureza local da soberania que controla em seu limitado território a moeda e o funcionamento das instituições. Um consenso internacional surge para buscar uma convergência na regulação dessa atividade, de modo a evitar arbitragem regulatória e problemas concorrenciais, o que se vê principalmente pelas recomendações oriundas do Comitê de Basileia de Supervisão Bancária. Entre essas recomendações, encontram-se os Princípios Básicos para uma Supervisão Bancária Eficaz, que, por sua vez, pregam a necessidade de instrumentos flexíveis e ágeis para as autoridades supervisoras adotarem prontas medidas para que as instituições do sistema financeiro se mantenham dentro dos limites prudenciais, com o intuito de evitar situações em que a decretação de um regime especial seja a única alternativa, com os males que lhe são inerentes. Essas são as medidas prudenciais preventivas, cuja análise, sob o ponto de vista jurídico, será realizada no presente trabalho.

The aim of this research is to show the effects of financial liberalisation on emerging market economies, how these economies removed restrictions on financial institutions so that they can be globally integrated, and to show the flow of international finance in and out of a country. This research also illustrates how the financial system in these economies moved from being government-led to being market-led. The main finding of this research is that many countries failed to reap the benefits of liberalisation because of weaknesses in the regulatory structure, undercapitalised banks, volatile markets and contagion effects. The research concludes that the long-term gains of liberalisation certainly supersede short-term instability of liberalisation. Thus, for financial liberalisation to have predominantly positive effects, attention should be drawn to the importance of a more prudent regulatory and supervisory environment. Furthermore, financial liberalisation must be accompanied by a sound institutional infrastructure, proper conduct of monetary and fiscal policies, a reduction in corruption, and an increase in transparency. In addition, liberalisation should be a gradual process whereby the right measures are taken in the right sequence. / Economics / M. Comm. (Economics)

The opening of a bank account serves as the genesis of a bank customer relationship. It is imperative that the establishment of a bank customer relationship be regulated by law. Both the common law and statutory law regulate the admission of new clients to the realm of banking. It is a minimum requirement, in terms of both statutory and common law, that the identity of a prospective client who wishes to open a bank account must both be established and verified. This, the need to know one’s customer, is not only good law but common sense and an effective measure to prevent criminals from accessing the banking system. Parties who work together must know each other. The need to establish and verify the identity of a potential customer is commonly referred to as the Know Your Customer standards, alternatively the Customer Due Diligence framework. The Know Your Customer standards are neither unique to South Africa nor have their origins in South Africa. The Know Your Customer standards are international standards which the Financial Action Task Force and the Basel Committee on Banking Supervision have been advocating for quite some time. A confluence of the Recommendations of the Financial Action Task Force and the Basel Committee on Banking Supervision greatly influenced the birth of the Financial Intelligence Centre Act in South Africa. The Financial Intelligence Centre Act 38 of 2001 prescribes the steps that a bank has to take in order to establish and verify the identity of a potential client. It will be shown in this dissertation that the identification and verification regime established by the Financial Intelligence Centre Act 38 0f 2001 and the common law are not fool proof. This dissertation makes recommendations on how the current loopholes that exist in the law can be addressed. / Mercantile Law / LLM